Barclaycard Taken Out In 1999 CCA REQUEST help.

[AndyOrch]

Reconstituted versions do not require signatures as per my extensive previous post.

 

As for anything else we are still waiting for you to upload a redacted copy.

[Facing Facts]

Please see attached

 

To clarify:-

 

The front letter - that is addressed to me in my married name and the address is my current address.

 

The recon CCA is addressed to me in my married name ( I was not married when I took it out) the address though is where I lived when I took it out so that is correct.

 

From my limited knowledge I think the only thing wrong is my name?

BC.pdf

Edited January 15, 2019 by dx100uk
merge

[AndyOrch]

Only takes one error to make it invalid

[Facing Facts]

So just to clarify as this is all new to me the recon CCA should be in my maiden name not my married name? End of ......

[dx100uk]

:rockon:

[Facing Facts]

So what do I do next?

[dx100uk]

already been explained

 

your call

 

but there is an error as you've spotted.

[Facing Facts]

I intend to pursue it the help I was asking for now is...... do I write to them and tell them it is not enforceable and why not? Or do I write but not tell them the specific reason? I have never been in such a situation before so need guidance?

[dx100uk]

I see youve read a few other threads..

 

You never respond to a failed cca request

 

Might pay you to send an sar

As sure is eggs bc will sell this debt on to a powerless dca sometime soon

[Facing Facts]

I wondered about a SAR as this will force their hand to send me a copy of the original. I have read lots of other posts from all over but lots of people seem to have so many different pieces of advice it makes my head spin!

[dx100uk]

There is no legal remit to inc agreements in an sar

[AndyOrch]

I intend to pursue it the help I was asking for now is...... do I write to them and tell them it is not enforceable and why not? Or do I write but not tell them the specific reason? I have never been in such a situation before so need guidance?

 

Pursue what ?

 

You have missed 3 payments ..you have defaulted.....they cant legally respond to your request and therefore remain in default and unable to enforce the agreement by way of Court.

 

So their next move is to register a default against you which will show on your files for 6 years...most probably assign it to a debt buyer who in turn may try to litigate on the debt....whilst you have the knowledge that any attempt to litigate will be fruitless as they do not have a a copy of the original agreement.

 

Moving forward you either pay what you can afford monthly...wont change the default or stop it being registered or decide to pay nothing and start it on its road to becoming statute barred eventually....unless its litigated on the meantime before 6 years and you get a successful outcome should a claim ever be raised.

 

Andy

[Facing Facts]

I meant pursue the fact it is not enforceable.

 

I may sound thick to you asking what may appear to be silly questions but that is why I joined this forum to get help as I have no legal knowledge at all. And I want to make sure that I am indeed right in what I am doing..... the fact the have sent a recon CCA is that likely to be because they will not have the original? Some forums advise write back saying it’s not enforceable when I have read other people’s scenatios so hence my questions.

[dx100uk]

no that's ok

 

simply put,

you've already pursued enforceability...that's what the CCA request does.

 

you have resolved that issue now, with the future outlined by andy above.

 

you don't need to do anything further, simply invites pointless letter tennis.

[Facing Facts]

So I had previously agreed a low monthly token payment I guess I stop paying that now?

[renegadeimp]

Correct. You stop paying and let them make the next move.

[Facing Facts]

Hi there! So barclaycard keep writing to me to say pay up! The reconstituted agreement is using my married name not my maiden name as when I took out the card - do I tell them this!? What is my next move?

[dx100uk]

nothing

[Facing Facts]

Short and sweet thank you.... they make me feel like I should be replying

[slick132]

........... which is exactly how they want you to feel !!

 

They're just trying it on to get money from you but until and unless they produce a valid credit agreement, just ignore their begging.