Barclays Masterloan - Enforceable Recon CCA?

[dx100uk]

 

a recon being enforceable under the consumer credit act does not mean it is necessarily enforcable in a court of law

original creditors don't do court

they'll sell it on to a DCA debt buyer.

being more than 6yrs old makes no odds [[an account, paid or not, paying or not is removed from your credit file when a default reaches its 6th birthday - never to return]

does not mean its not owed mind, a CCJ if attained WILL show for 6yrs

[dx100uk]

3 hours ago, HSBCandMe said:

Here’s a copy of the recon CCA. 

Unsigned (obviously), undated, no apparent cancellation clause? 

Is it irredeemably unenforceable? 

Would I have a defence if the bank go for a judgement? 

 

Particularly, is the banks letter to me correct? They wrote: 

 

“At the time this agreement was entered into, there would have been no cancellation rights applicable in either of these circumstances. We therefore consider that the copy agreement we sent to you in response to your s.77 request contains all the relevant terms, complies with all requirements applicable at the time the agreement was entered into and is therefore a true copy for the purposes of s77. Our agreement with you is therefore legally enforceable.” 

 

CCA anon.pdf 821.34 kB · 1 download ·

now go back and read post 10.

banks don't do court.

wait for it to be sold on then worry about fighting it.

what you have there is nothing really

certainly not anything a DCA if they bought the debt would go near court with

pers i'd sit on your hands now.

 

 

[dx100uk]

thread title updated for clarity of issue

thread moved to the Barclays forum.

 

dx

 

[dx100uk]

Yes and it can be enforceable under the CCA, but doubtful for court purposes.

[dx100uk]

Barclays don't do court.

throw the morality card out the window

 

dx

[dx100uk]

why not sar them now before it gets sold on

that way you'll know what they hold.

 

[dx100uk]

Ppi on a loan is std 8% ...

credit cards could be compounded whilst their int was charged

[dx100uk]

not on loans..

the interest is fixed and known 

go read the fos website its 8% statint on loans always has been.

unless its a secured loan/mortgage.

 

anyway looking at those docs looks like they changed it to a Barclaycard loan and no paperwork work was ever signed so its going nowhere 

stuff em stop payments

let them sell it on.

 

dx

 

[dx100uk]

no they cant!! they have to produce the signed original to be success in court

been saying this since the 1st 10 posts ...we are now at post  63

..what part of things are you not understanding??

[dx100uk]

the trick with any forum is to read other like topics [threads] using the custom google search here.

and not be told by those who think they have their interpretation correct upon the issue you have.

that way no-one can influence your thought process in your decision

 

you have to realise that though no t necessarily relating to this particular thread

...some members have issues with other members and will follow them around disrupting threads they post on at the sad expence of the original poster who only came here for help..not get involved in browny points scoring...

[dx100uk]

unless they sell it on you can very safety ignore the dca 

[dx100uk]

said that would happen in the 1st 10 posts.

so go away off no payment till you comply

watch them sell it like hot cakes now 

[dx100uk]

40 minutes ago, HSBCandMe said:

On a practical point, when the debt gets sold on, do I have to make a fresh CCA of the DCAs each time or do I wait for a court claim and then defend on basis of no CCA?   My main concern - and also stated form post 1 - is that I've been paying the bugg*rs for 16 years.

 

...and they had of course cobbled up that dodgy recon CCA a few years back.

yes ofcourse cca them if you get a notice of assignment from a DCA [already told you that if you re read your thread]

them when they send the same bogroll as the CCA return..

you sinply send them a copy of that Barclay letter above.

chew on that wasp mr dca...

 

[dx100uk]

not sold

what did i say about moorcroft

[dx100uk]

thats not a NOE.

[dx100uk]

you called moorcrofts letter a Notice Of Assignment

it not

doesn't say that at all.

OC's don't do court no.

 

dx

 

[dx100uk]

ignore writing only

[dx100uk]

Stuff all matters

its already been defaulted years ago can't return

no cca ...what they add is immaterial

[dx100uk]

ofcourse not

where have you got that idea from?

 

 

[dx100uk]

probably already defaulted surely?

 

[dx100uk]

Your call