@barclaycard PRA Group/Barclaycard CCA

[Fernigan]

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 November 27, 2018 by dx100uk
spacing

[dx100uk]

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

 

and the T&C's please

[AndyOrch]

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

[Fernigan]

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 November 27, 2018 by fkofilee
Removed from body of text.

[AndyOrch]

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

[Fernigan]

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

[AndyOrch]

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:

[Fernigan]

Excellent thanks, do I need to send any reply to them?

[AndyOrch]

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

[Fernigan]

Thanks Andy I appreciate it.

[Fernigan]

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?

[AndyOrch]

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

[Fernigan]

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

[AndyOrch]

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 ?

[Fernigan]

Yes it was online agreement from my home (Scotland)

[AndyOrch]

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).

[dx100uk]

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.

[Fernigan]

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?

[AndyOrch]

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 ?

[dx100uk]

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

[Fernigan]

Morning folks,

 

Looking for to see if there is any advice or actions I need to take on the text message and letter I received from Barclaycard relating to a credit card debt that defaulted 2017 and was sold on to PRA. CCA'd and they provided a reconstituted document which was deemed bog roll.

 

Text message from Barclaycard:

Quote

We've sent you a letter recently regarding your credit limit. Should you have any questions or queries, we're here to help. We've provided a dedicated telephone number for your to reach us on in the letter. Your Barclaycard Team.

 

Letter I received from them today:

 

Quote

 

We may have previously set your credit limit higher than we should have.

 

Dear X

 

We've recently reviewed the way we set some of our customers' credit limits and can see that the limit we gave your previously on your account ending XXXX, which is now closed, may have been higher than it should have been at that time. We're sorry this happened and recognise that this may have had an impact on your circumstances, or you may have incurred losses.

 

Want to talk to us?

If you'd like to speak to us about this, please call our helpline on 0333 202 7490 quoting the reference at the top of this letter.

You can check our helpline number is valid at barclays.co.uk/security/phone-number-lookup

 

You can get free independent advice

If you'd like to speak to someone else about your financial commitments, please contact National Debtline or StepChange for free advice over the phone or online. You can also contact Citizens Advice if you'd prefer to speak to someone in peron.

You'll find the contact details for these organisations and others at barclaycard.co.uk/moneyadvice.

 

 

is this an admission of irresponsible lending or anything that could be used to wipe some of the balance etc. 

 

Thanks in advance.

 

[slick132]

Hi Fernigan,

 

Better to let this lie for now IMHO.

 

Could be just a ruse to get you to engage with them but nothing has changed since the advice above.