IDR/Kearns claimform - old Morgan Stanley card 'debt'

[andyg1]

Hi thanks for the advice.

 

The other is from Barclaycard signed in 2000 .

 

I have the credit agreement with a signature

but this time there are no terms and conditions enclosed with the agreement nor on the actual application form .

 

I do once again have correspondence from Barclays and Link regarding the sale of the debt.

 

I have attempted with both original lenders and with Link to settle the debts on behalf of my partner as she is stressed with the situation

 

Link require around 60% of the outstanding sums and i do not have the money available to do that and support us both and pay all the household bills.

 

Many Thanks

 

Andy

[citizenB]

When did you last make payments on both accounts ?

[andyg1]

She pays both accounts £1pcm and has done for the past 20 months on the advice of cccs

[citizenB]

She pays both accounts £1pcm and has done for the past 20 months on the advice of cccs

 

Ah.. so you have kept the accounts open by making token payments

 

What makes you think they may be unenforceable ?

[andyg1]

The Barclays account in particular is dated 2000 .

 

 

I have read that many of the agreements dated as far back as then do not have enough terms and conditions on the credit agreement and it is by a long way the most uncomprehensive agreement i have seen .

 

Outside of that clutching at straws to be honest ,

like i said i would have settled them for her had they been able to meet me at a slightly lower per centage but my understanding is link are less likely to negotiate downwards than others.

[andyg1]

Hi

 

This morning i received a SAR from Barclaycard with lots of printed statements. However the CCA was not in the pack .

 

The debt has been sold to LINK who have complied with a CCA request and i have a year 2000 agreement which i will add soon , that is signed by me but no terms and conditions.

 

The purpose of the SAR was to see all the documentation to figure out where i stand with DCA .

 

There is also no documentation in the SAR in relation to the sale of the debt.

 

Is there anything further i should do with BARCLAYCARD please ?

[Guest]

what sale info are you after?

 

 

seems you already have notice of assignment (sale)?

 

 

deed of sale info won't be forthcoming under a dsar.

 

you have the cca under the cca request?

[andyg1]

Hi I have now added the PDF CCA i received from LINK

 

It was dated 2000 and to my untrained eye is far less comprehensive than other CCA i have had in more recent years.

 

I wanted to see from Brclays SAR if there was any additional paperwork connected with the CCA , in order for hopefully someone on here to determine how good or bad the CCA is.

 

Thanks

[andyg1]

Hi

 

Here is my CCA from LINK in relation to CCA .

 

Is anyone able to let me know if it is in any way challengable please

 

Thanks

[BRIGADIER2JCS]

There is no obligation to provide an agreement with a SAR, the ICO take is although one might expect the agreement to be supplied there is no specific obligation to doso, sections 77/78 CCA 1974 cover this.

[Guest]

in general.

'one might expect the agreement to be supplied'

because according to the ico's own guide as to what is data subject to a dsar,

an agreement/application doc which has personal info on it such as name/address would be regarded as data (just like statements/letters etc are).

 

 

but is a 'guide'.

up to the creditor.

so, the 'specific obligation' ie the statutory requirement rests under the con credit act request.

 

 

ironically though they can send a recon under that (but if they do have/can find an original they are likely to send a copy of it).

plus,

the poss legal implications of a cca request are more relevant eg no accurate response could mean no court enforcement until satisfied. so, always do a cca request as well.

Edited February 13, 2013 by Ford

[BRIGADIER2JCS]

My information is from a personal phone coversation with the ICO, the statement that there is ''no specific obligation'' threw me at first

[slick132]

Hi Andy,

 

As well as considering the enforceability of your a/c, you should make sure you reclaim all PPI if applicable and all penalty charges plus interest in restitution.

 

Do you have the data to do this now.

 

[andyg1]

Hi thanks for the post they have sent details for two older accounts aswell , i have nver agreed to PPI owing to a bad experience years before and i don't have many if any penalty charges although i will look closer.

 

All of which makes me wonder why would Barclays sell the debt on so swiftly ?

 

This morning i found the original documentation that came from Morgan Stanley when the card arrived , there are no terms and conditions or references to the Consumer Credit Agreement but a further tear off section to apply for PPI which was alreday ticked as NO on application form .

 

Thanks

[slick132]

Hi Andy,

 

Please check carefully for any penalty charges. Reclaimed with compound interest in restitution, they can add up to a tidy sum.

 

[andyg1]

Hi this is an old Barclaycard debt that they did not default before selling on to IDR and managed by LINK

 

The last payment on the account was 4 years ago

 

A default has bow been placed by IDR

 

However when asking for the CCA they reffered it back to Barclays who provided one for an entirely different account , absolutely nothing to do with this one.

 

2 questions

 

1. In order to get a default does the creditor need to supply the CCA ?

 

2. In order to prosecute via the County Courts do they need to supply the correct CCA and if they start proceedings with the wrong one , do i just go to court and argue its the wrong CCA or alert them ?

 

Many Thanks

 

Andy

[dx100uk]

1.no

 

 

2. if they are that stupid you don't tell them anything, your new CCA/CPR will expose the farce.

[andyg1]

Thank you

 

The DEFAULT has been added 4 years after the account fell in to arrears and was sold .

 

1. I assume if i win at County Court i can ask for the default to be removed ( still has 4 years to run ) and that they can not commence proceedings again for the same debt ?

 

2. If i never goes to court . Once i have gone 6 years without paying anything to this debt , can i apply to get the Default removed on any grounds ?

 

Thank You

 

Andy

[dx100uk]

is this your OH's one

 

 

dx

[andyg1]

No the OH

 

Thanks

 

Andy

[dx100uk]

you have the sar details

I would expect Barclays defaulted this years ago...

unless they didn't, but defaulted it before sale to link? 2013

[andyg1]

I will look at the SAR will it be easy enough to spot as I find them difficult to understand .

 

Thanks

 

Andy

[dx100uk]

look in the comms or account log.

 

 

DEFDATE= or something like that

[Guest]

another back from the dead

 

was the cca request ever satisfied?

[andyg1]

Looking through the SAR I could not find any codes , however there was a letter dated June 2011 from Mercets . It's a default notice .

 

Regarding the CCA I got one back from Barclays but it's got the wrong card .

 

The 2011 default notice dies not show on any credit files however .

 

Andy