Barclaycard debt - no CCA - Do I CCA again? being passed around

[andyb78]

Hi All

 

Last year i fired off CCA request's to the DCA that were handling my accounts.

Not one managed to return a copy of the credit agreement,

so I ceased payments as instructed on here.

 

two of the DCA's have now 'passed' my account on to sister companies to recover the debt.

 

My question is,

do I have to go through the CCA process again to get rid of these guys too?

 

I am also a little concerned that maybe the original DCA has received the original credit agreement

and as the time has lapsed they cannot use it,

 

but if they pass it on to a sister company and I CCA them, they then have the credit agreement waiting to reply!

 

Am I being paranoid?

 

Should I just ignore these new DCA letters or CCA them as before?

 

I guess this is normal process until I get the position of Statute Barred?

 

Many thanks for any advice given.

[theoldrouge]

I would suggest you start a new thread for each debt, with full details seperately, the more details given

 

the better we are able to advise.

 

General advice would be to not chase cca requests once made

[mikeymack2002]

Have you still got proof that you sent the CCA? if so send the failure letter in the library

[Bazooka Boo]

All they need is the failed letter, and report them to the FCA for passing around a disputed debt.

[fletch70]

Although there is a time limit on a CCA request it is never too late for them to reply , one of mine took over a year to arrive.

 

Just a simple

On xxxxxx i sent a S77-79 request to XXXXXX. To date they have failed to respond.

As such any alleged debt is unenforceable .

I refer you to the CCA S78(6) and S77(4) also to the FCA sourcebook CONC13 particularly 13.1.6

 

On a separate note sadly is is not classed as in dispute when there is an outstanding CCA request so there is nothing to stop them passing it around.

 

 

A disputed debt is one where you are being chased for a debt that is not yours,

you genuinely believe the debt is not yours or the amount being asked for is wrong

however for the last one it would mean admitting to some of the debt .

 

 

For more details see CONC 7.14.1

[Bazooka Boo]

OK I'll edit that, complain to the FCA about them passing round an alleged debt without ensuring all the information relating to the account has

also been passed on, ie, CCA request received but not complied with, therefore IMO the account is in dispute.

[fletch70]

That's fine and I see where you are coming from, I was taking wordings from the FCA and DCG. I suppose it is all down to what communication you have had.

[Bazooka Boo]

 

Give em no wriggle room, stay on top of them every move they make, and expose there every minor discretion,

get this corrupt rotten to the core industry cleaned up..

[andyb78]

I sent out half a dozen CCA requests last year and not one was adhered to.

 

I didn't send out the failure letters, as I read on here somewhere that it is not necessary, but I did keep all of the original CCA requests saved, so I know when they were sent.

 

Shall I send a CCA failure letter to the original DCA and request that as they have not conformed, the debt is in dispute and therefore it should not be passed to another collection agent?

 

Thanks for your help.

[fletch70]

I would just send a letter to the current DCA as outlined above . That is what I always do when they pass one of my many accounts around. It shuts them up for a while and either they comply or go quiet . Remember not to acknowledge the debt .

 

It seems to me that the CCA request is becoming one of our stronger weapons and it beggars belief just how little effort creditors put into getting it right

 

Edit removed

 

I think the above link sums up the arrogance of the debt purchase industry perfectly

Edited July 15, 2014 by Andyorch
External link removed.

[oleg]

Argument can be made for repeatedly sending CCA requests,

for sending only once [which is sufficient to protect oneself in court] or not to send at all unless / until legal proceedings beckon.

 

The last option worked perfectly well for my ex and me, and we're talking serious amounts, six figures.

 

 

Reached S B fine and dry on all except one, which required one single CCA when they launched proceedings in desperation,

due to my failure to engage in six years.

 

It's largely down to the individual's character, isn't it, and one's response to aggro?

 

Still I'm touched to read that DCAs have sisters. Do they have hearts too?

[fletch70]

Indeed yes arguments can be made for many actions

My personal problem was I could not stand the constant telephone calls and piles of letters every day so I became proactive and sent CCA requests

 

As for hearts I think they are made of stone but at least they are there unlike their brains

[Bazooka Boo]

Bearing in mind that CCA requests are really only any good for pre 07 agreements, as post 07 Credit agreements are usually deemed compliant as they use a tick box.

[fletch70]

Well actually not quite true or I don't think so

from 2005 a tick box could be used on an online application but they still needed an agreement with the PT's etc S127(3) and (4) have been repealed

 

From April 2007 they do not even need an agreement with the PT's

however if they can not comply with a CCA request they can not enforce a

nd with the new tougher regulations they should not even be issuing claims until the have complied.

In the old days they could issue a claim and provide the info up to the start of trial. the relevant parts of S77-79 are still there

[andyb78]

Reigniting an old thread,

but I have received the following letter from Barclaycard after submitting my CCA request

against an old Egg card account that they now own.

 

they have not met the obligation, but have given the account to Wescott to now chase me!

 

I was going to fire off a CCA Failiure letter to Barclaycard and let Wescott know about this too,

but before I do so, I just wanted the knowledgeable on this forum to offer any advice based on the letter,

just to make sure that I am doing the correct thing.

 

I did read on here that one guy sent a very strong letter asking for the debt to be written off when the CCA request was not met

and succeeded with all of his creditors!

 

 

There is no way that they are ever going to have a signed copy of the Credit Agreement,

and I doubt that they will have all of the payment history either,

so I cannot even be sure if I owe any money at all.

[theoldrouge]

far too small to read, please convert to pdf

[andyb78]

Sorry, I had trouble with the attachments.

 

Here you go.

[theoldrouge]

the last line of Barclays letter contradicts the rest of their letter,

 

they have not fulfilled the requirements of s78(1),

 

Westcott imo can be safely ignored, no need for letter tennis at this stage

[Bazooka Boo]

Very easy, IMO I would simply ignore them, just file the begging missives under ignore... pointless getting into any game of letter tennis with them.

 

Sharklaycard are well aware of the state of play with this, so you could make a complaint to the FCA that they have passed a disputed debt to a

toothless DCA without making them aware of the details of the account and that it is unenforceable....

[andyb78]

So best to ignore and head towards statute then? Or shall i try and get the debt written off?

 

Thanks so much for the advice, really appreciate it.

[theoldrouge]

just ignore, how far off sb are you?

[andyb78]

My last payments made to my creditors was June 2013, so not very far in.

 

 

All have failed on CCA,

 

 

only debt that I have to really oblige to is an overdraft,

as from what I discovered on here, it's not really contestable.

[theoldrouge]

well as previously said, they havent complied, so no need to chase

 

and wescott can be safely ignored at the moment

[andyb78]

OK, thanks for your help.

 

I guess that I'm still going to get the odd letter now and again from a DCA chancing their luck!

[theoldrouge]

 

I guess that I'm still going to get the odd letter now and again from a DCA chancing their luck!

 

winters coming youll need something to start your kindling wood burning:wink: