Reconstituted CCA from Brclaycard

[scared34]

Hello all,

 

I issued CCA request to Barclaycard.They have responded with reconstituted agreement which states as follow:

 

I refer to your request for information dated 12/06/14. The information we must provide to to you under the terms of Section 78 of the Consumer Credit Act 1974 is prescribed by the Act and the Consumer Credit Regulations 1983. Section 78 of the Act provides that where creditor receives a Section 78 request the creditor shall give the debtor a copy of the executed agreement and the statement of account.

 

I enclose a reconstituted copy of your credit agreement and a copy of terms of your credit card as varied in accordance with section 81 of the Act. However the interest rates fees and charges set out in the agreement may differ from those we have discussed with you due to current status of your account.

 

A statement of your account is below:

the current credit limit on your account is £3400
the current balance of your account is £2591.19
the next payment of ..will be due on 9/07/14

 

we know that your account is not in dispute because of any delay in providing your copy documents as Section 78(6) was repealed on the 31/05/2008. It is no longer an offence for creditor to fail to comply with s78(6) for more than one month.

You refer to the Consumer Protection from Unfair Trading Regulations 2008, we do not accept that there is basis to assert that we have not fully complied with our obligations in this regard.

I am fully satisfied that the sum outstanding by you remain legally due and payable.You should to continue to repay the outstanding balance owed on your account in accordance with the terms of your credit agreement. If you do not we may register a default against you with credit reference agencies, although we will formally notify you before doing so.

 

This completes our obligations under Section 78 of the Act.

 

They also included a few sheets of terms and conditions.There is my name and address on those terms and conditions but no date.

Any advise is much appreciated as always.

Thank you:smile:

[Conniff]

Why did you submit a CCA request ?

[scared34]

Why did you submit a CCA request ?

 

I would like to make full and final offer to Barclaycard hence CCA request. Also there was PPI on it, I thought CCA will show it but since they have provided reconstituted CCA I have to send SAR to them. Card has been taken out in 2008.

Thanks for all advise:oops:

[scared34]

Would someone be able to have a look at it please? Have they complied?

Thank you in advance

[ims21]

If you have received a reconstituted agreement with your name and address etc. on it which were correct at the time you took the card, the terms and conditions at inception and any variations and a statement of account then yes they have complied.

[SWLABR9]

The OP won't know what that means though, I imagine. We need a look-see

[scared34]

Thank you. I have attached scanned up documents they provided.

[ims21]

Those are the T&Cs...where is the reconstituted agreement?

[SWLABR9]

I can't see withouit cricking my neck as they're sideways but does the first one have your details on it? Best obscure them if it does!

[ims21]

I can't see withouit cricking my neck as they're sideways but does the first one have your details on it? Best obscure them if it does!

 

Good spot.

 

Attachments unapproved.

[scared34]

I do apologise. I will remove them. They only provided terms and conditions nothing else tough

[ims21]

They only provided terms and conditions nothing else tough

 

In you opening post, you said that their letter says that they enclose a reconstituted agreement.

 

If that was not enclosed then they have failed in their duty under The Act.

[scared34]

In you opening post, you said that their letter says that they enclose a reconstituted agreement.

 

If that was not enclosed then they have failed in their duty under The Act.

 

I will post up everything I have received together with opening letter. But there is no agreement at all only terms and conditions under credit agreement. What my next step should be? Is there letter template I could use and send please?

All advise much appreciated as always.

[scared34]

Hello all,

 

Attached are all documents I have received from Barclay's.I tried to cover all personal info:oops:

Thanks again for any advice:-)

[ims21]

The PDF called B2 seems to be the credit agreement.

 

That being the case it looks like they have complied with the request under the Act.

[scared34]

The PDF called B2 seems to be the credit agreement.

 

That being the case it looks like they have complied with the request under the Act.

 

Thank you ims21. Do you think I can still offer full and final? I have sent SAR request to check PPI and any penalty charges. However I have not defaulted on this debt. I have been on Payment Plan with them and my CRA file just state late payment.

[ims21]

If it were me I would get the PPI and charges claims resolved first.

 

You will then know what the real liability is and offer your full and final based on that resultant figure.

[scared34]

If it were me I would get the PPI and charges claims resolved first.

 

You will then know what the real liability is and offer your full and final based on that resultant figure.

Thank you so much. I will wait for Sar and focus on Ppi and charges as you suggested. )

[ims21]

Thank you so much. I will wait for Sar and focus on Ppi and charges as you suggested. )

 

You will probably find that a successful PPI claim and charges reclaim puts a big dent in the amount due. In some cases they can wipe the debt altogether hence the suggestion

[AndyOrch]

" we know that your account is not in dispute because of any delay in providing your copy documents as Section 78(6) was repealed on the 31/05/2008. It is no longer an offence for creditor to fail to comply with s78(6) for more than one month."

 

But this was not repealed which they have conveniently not referred to :-

 

(6)If the creditor under an agreement fails to comply with subsection (1)—

 

(a)he is not entitled, while the default continues, to enforce the agreement

 

12 +2 days and they are in default.

 

B2 is headed Terms and Conditions?

 

Andy

[scared34]

Hello andyorch,

B2 is headed Barclaycard Conditions Credit Card Agreement regulated by the Consumer Credit Act 1974. These are terms and condition of agreement between us Barclays Plc Barclaycard centre Northampton and you ......( my name and address).There is two lots of those documents,and they are actually all headed the same.

Thank you for all advise.

[scared34]

Hello all,

 

I have been contacted recently by Wescot regarding Barclaycard debt. I have sent prove it letter and got response from Wescot with statement of account dated November 2012 and letter saying their client Barclaycard has stated this is the only statement they can provide.

What are my next steps?

Thank you in advance

[Sidewinder]

Absolutely no response required at this stage. If they press further then make a formal CCA request - sounds from the response that it would be most unlikely that they could provide one

[scared34]

Thank you for your response Sidewinder. I shall wait for their next step.

[citizenB]

When did you open the account originally ?