CCA Response ex egg cc

[rae-c]

Hi, I hope I am posting this in the correct place, it is a follow on from a thread I started in debt and self help forum.

 

I have had a response from barclays (ex egg CC) to my CCA request and not sure what to do now??

 

I have been in a DMP with pay plan since 2006 and

 

have made significant progress in reducing the debt

 

but there is still £3K outstanding and

 

I have been made redundant so cannot afford to keep up the monthly payments

 

but think i may be able to offer a settlement hence why I sent a cca request of to them.

 

The account defaulted in 2006 and is no longer showing on my credit file.

 

Thank you for any advice and I hope the attachments work

Edited March 27, 2014 by rae-c

[dx100uk]

you'll have to convert them to PDF

 

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice DD-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

.

dx

[rae-c]

Oh dear Im having no luck here, keepscoming up access denied when I try the sites above??

[dx100uk]

what the pdf sites?

 

have you not got word?

 

tha has a pdf printer instaled

[rae-c]

Sorry Im not techincally minded, I have a printer scanner so scanned the letter in as above that you cant read so tried converting on those sites and didnt work then copied into a word document but still not working.

 

Could I perhaps just type the response in here as I dont know what else to try and dont have anyone to help mewith it?

[rae-c]

Sorry, but as I cant seem to attached the letter properly, here is what it says, if someone could please advise??

 

"I refer to your request for information.

 

i acknowledge your request for Deed of Assignment

and I am able to confirm that this has been sent to the relevant department who will contact you directly regarding this.

 

The information we must provide you with under the terms of s78 of cca 1974is prescribed by the act and by the consumer credit regulations 1983. s78

provides that where a creditor receives a request under s78 we must provide a copy of the executed agreement

and any document referred to in it and statement of account.

 

I enclose a reconstitiuted copy of your credit agreement.

 

A statement of your account is below.

 

Current crdit limit is 0

Balance is ........

Due to the current status of your account the full balance is now due.

 

We are currently unable to provide a copy of the terms of your credit agreement as varied in accordance with s82(1) of the act.

 

We accept that we are therefore prevented from enforcing our agreement with you whilst this state of affairs continues.

 

I note that s78(6) was repealed on 31st may 2008,

meaning that it is no longer an offence for a creditor to fail to comply with s78(1) for more than one month.

 

Not withstanding that we cannot currently enforce the agreement,

our rights continue to exist under the agreement.

 

You should therefore continue to pay the debt that has accrued on your account.

 

We can and will continue to take any action short of enforcement,

which includes reporting to cra's without also telling them that the agreement is uneforcable,

demanding payment from you, issuing a default notice to you and instructing a third party to demand payment

or otherwise seek to procure payment.

 

We refer to the case of phillip McGuffick vs RBS 2009 in which it was held that none of these steps constituted enforcement for this purpose.

 

Please note that the decision in Carey v HSBC 2009 makes it clear that an unfair relationship cannot be said to have arrisen

between us as a result of the fact that we have not currently complied with s78. To the extent that you seek to allegethat

an unfair relationship has arisen, such allegations will be opposed.

 

In relation to your comments regarding s189 of the act. i would like to confirm that the origional creditor for your account as defined in s189 of the cca1974 was Egg

 

With regards to your reference to s5(2), 6 and 7 of the consumer protection for unfair trading regs 2008, we do not accept that there is any basis to assert that we have not fully compiled with our obligations.

 

This completesour obligations under s78 of the act.

 

They also sent the reconstituted credit agreement, nothingsigned by me.

 

Any help please?

Thank you

[dx100uk]

in otherwords they've no agreement

they've no T&C's

 

so we've been fleecing you all these years in a debt that most prob never existed.

 

cash cowed!!

 

how many more debts are you blindly paying like this

 

dx

[rae-c]

Thank you for your response!!

I have listed them under the debt and self help forum called DMP and redundancy

and thought I would start a seperate thread for this one

 

but basically there are two with link,

they replied yesterday saying need 30 daysand havesent request to mbna,

3 with robinson way ex hsbc and

one with moorgate ex m&s.

Perhaps you would look at my other post please??

 

What would you suggest my next move is with regards to barclays,

as i said earlier I have ben paying £300 per month via pay plan and have been made redundant

 

i would like to get a full and final as low as possible as I can no longer afford the monthly payments

[dx100uk]

funny you threads must have got missed...link eh! the worst dca there is for cash cowing!

 

BC not having any enforceable agreement put you in a very strong position

 

offer them 10%

 

just as a second point

 

don't know where you got your CCA from

but its very old

you wont ever see the deed of assignment.

 

dx

[rae-c]

I used a template request I found on here and didnt ask for a deed of assignment so that kind of threw me a littleI thought perhaps that is standard when you make a request?

 

I havent actually told them about my redundancy yet and just reduced this months payment to £100 to pay plan. I think when I get all the cca responses I can then write and explain and make offers?

[dx100uk]

the thing you need to bear-in-mind

is if any of your debts don't show on your file

they are not harming you.

 

and without a valid enforceable CCa they certainly cant enforce through a court.

 

its not for CAG to decide what you do

 

however, I pers would not be using any of that money

without very very careful consideration.

 

and with ref to your list of people you pay

and with what you've discovered about his debt

 

they appear dodgy at best

 

sadly this usually what we find with people in long term old DMPs

 

theres no obligation at all, for any DMP provider to check the legality of any of your debts.

 

urm......

 

dx

[rae-c]

Thank you Dx for your thoughts.

 

I have had a response from Robinson way today saying they have put the account on hold and requested the information from HSBC.

 

They also have two other old hsbc accounts

one is a current and flexi loan

which they combined and

 

the other is a current account.

 

i know I cant cca those but is therean equivelant request for a bank account?

[dx100uk]

sadly no.

 

but to be honest

its pointing more toward they spoofed you into paying lots of debts

you probably never had too

 

esp if there are PENALT charges involved.

 

I think, an SAR to HSBC is in order here

 

as for the merged stuff

that's another way t hey spoof you too.

 

in MY OPINION, I would be stopping the payments to ALL OF THEM

and closing the PP DMP.

 

then you'll see who doesn't like it by writing threat-o-grams to you.

then you force them to prove each debt.

 

dx

[rae-c]

Hi Dx

 

i already sent SAR to hsbc and had pile of stuff back but no statements for the bank accounts

or cc before they were cancelled

 

they only provided the ones from metropolitan services once the accounts had defaulted.

 

i assumed this was because it would have been before april 2006.

 

I know there was loads of charges and interest on both bank accounts but only have proof of a few,

 

should I follow the processes from here to try and claim back what I know about and can prove?

 

like you say the fact they merged one flxi loan and current account and kept transferring funds from one current acc to the other made everything very complicated!!

 

Also have had response from nat west mint and they re asking for my signature.

 

They state they can satisfy the true copy requirement by providing a copy agreement at the date the card agreement is made.

 

I am wondering if this is corect as I think I have read somewhere that it has to be the true origional document as I have had it before 2006??

 

Thanks

[dx100uk]

there is no requirement to provide a sig for a CCA request.

 

as to them trying to use a recon on a debt this old..like to see them try that in court.

 

dx