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Fernigan

PRA Group/Barclaycard CCA

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Hi there,

 

Looking to see if someone can give this CCA and accompanying letters a look over,

 

I sent a CCA Request to PRA Group and got the attached back from them is it all there and legit?

 

This is in regard to a recent agreement.

 

Thanks in advance.

Barclaycard Letter Redacted.pdf

Barclaycard Base CCA Redacted.pdf

Barclaycard CCA Redacted.pdf

PRA Reply Redacted.pdf

Edited by dx100uk
spacing

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can you read upload and pop all those into ONE multipage pdf please

 

and the T&C's please


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Did you apply for it at Moneysupermaket .com ?

 

Does it contain both yours and the creditors full address at the time of inception ?

 

Does it contain your account number ?

 

All the above should be contained within the agreement...not on Barclays separate cover letter.

 

 

Andy


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Sorry guys, I don't seem to be able to edit the original post so please see the one document here;

 

I don't recall if it was via moneysupermarket.com or not, although I'd suspect I used it to compare 0% balance transfers. The account number is not on the agreement, the only bit in the actual agreement that is redacted is;

 

In the introduction section it mentions "you". It says you, first inital surname, and my address.

Barclaycard CCA.pdf

Edited by fkofilee
Removed from body of text.

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No account number....then their reconstituted version is useless and invalid...they are and remain in default of your section 78 request


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Thanks Andy, so despite their cover letter having the account number it's deemed useless?

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Yes it must be embodied within the document that they profess to be a true copy of the original agreement...you wouldn't send a cheque to pay someone with a covering letter containing the sort number and account number:wink:


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No need to......why arm them and allow them to correct it...knowledge is power..and you have the knowledge if this should escalate further


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On a side note, if by chance further down the line they attempt to go pursue via the court, is there a generic response I should be ready to send?

 

The only reason I ask this is due to spending more and more time away with work my mail sits unopened for a couple of weeks at a time

If I were to receive a recorded letter my wife would potentially be home to sign for it so I assume it is from that point the clock starts ticking to file a response?

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Well before anything you should receive the following...

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice-1st-Oct-2017

 

And court claims are not issued recorded delivery..just standard post


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I note that this relates to England and Wales only, is there a similar post for Scotland?

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No...not applicable to Scotland....The initial process of the pre-action protocol still has to be followed, that is at the very least sending a letter before action setting out the amount owed, providing a timeframe for a response and advising that Court action will be taken.

Where did you sign this agreement ...in Scotland ?


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As you're domiciled in Scotland (e.g. Scotland is your usual home) and entered into the contract as a consumer then the action will be incompetent, upon the grounds that the County Court does not have legal jurisdiction to hear the case.

 

You can only be sued in the Scottish Sheriff Court where you live. The authority for this statement is paragraph 3(4) of schedule 8 to the Civil Jurisdiction & Judgments Act 1982. Paragraph 3 .

 

Even if you have contractually agreed to allow the English courts to decide your dispute (known as 'prorogation of jurisdiction') it is clear that paragraph 3 is not subject to the 'prororgation' rule as set out in paragraph 6 of schedule 8. In other words the paragrpah 3 rule is a primary rule which takes precedence over all other rules in schedule 8 - it cannot be contracted out of (except in accordance with para 3(6) which is unlikely to apply).


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if anything were to happen it would be a sheriff officer like walker love personally delivering the Scottish claimform to your door.

 

ive not ever seen PRA do a Scottish claim.


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MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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Hi guys I was informed of the following elsewhere in regard to the CCA that I received from PRA Group;

 

 

It’s from 2016 so they can create a recon right enough but that recon must be accurate.

 

It’s not UE as you can’t use s.78(6) due to it being opened after 04/2007. Which is when the relevant laws changed.

 

What is everyone's thoughts on that? Is it inaccurate due to no account number and dates on the actual CCA thus making it unenforceable?

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Answered that yourself Fernigan

 

" but that recon must be accurate."

 

" Is it inaccurate due to no account number and dates "

 

So not accurate...at the very least it should have an account number...otherwise it could be referring to anything ?


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blank one from their filing cabinet not what they got from the original creditor after asking for it from them...


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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