PRA PAP Letter received - old Barclaycard Debt

[dx100uk]

so a second PAPLOC?

yes so..scan up their docs returns please

one multipage PDf only

read upload Carefully

 

[dx100uk]

so no sign of a signed agreement then...

 

nor an online one whereby there is

a tickbox 

printed name

and IP address used.

 

the usual 620000000 stuff hoist dump and that have lost them numerous cases.

 

yours IMHO is not the next move.

dx

 

 

 

 

 

[Will Goodfellow]

The PDF you posted includes a reconstituted CCA sent with a letter from Barclays dated 14 January 2018. This is acceptable as evidence of a CCA under CONC 13.1.4:

 

(1)The copy of the executed agreement should be a 'true copy' of the original. However, as confirmed in the case of Carey v HSBC Bank plc [2009] EWHC 3417 (QB), in this context the term 'true copy' does not necessarily mean a carbon, photocopy, microfiche copy or other exact copy of the signed agreement. There is no obligation to provide a copy which includes a copy of the signature.

 

(2)The firm can reconstitute a copy. It can do this by re-populating a template of the relevant agreement form with the details of the specific agreement taken from its records. If the firm does provide a reconstituted copy, it should explain that that is what it has done, to avoid misleading the customer that this is a contemporaneous copy.

 

https://www.handbook.fca.org.uk/handbook/CONC/13/1.html?date=2016-03-07

[dx100uk]

nope. blindly and blanketly thinking carey applies to this agreement when you don't even know when the agreement was taken out shows your colours.

 

you'd better go have a word with cohen and ask why they've lost all their claims here so far for hoist by always referring to carey on ex barclaycard  claim forms.

 

 

[VitSea]

Thanks for the replies, a bit of a difference of opinion?

Think I'll wait out until I next hear from them and ignore the financial questionnaire?

[dx100uk]

[Will Goodfellow]

Im the meantime you could read this thread:

 

Currently tumbleweed blowing through it.

[dx100uk]

which is a very very rare judge lottery case and you can't ever protect against that.

in relation to our legal successes forum there are 100's of won cases against hoist and ex BC card claims, 

 

[Will Goodfellow]

Can you link to one where a reconstituted copy of the CCA agreement was rejected?

[dx100uk]

BC cca's are always 99% recons

[VitSea]

I've beaten Lowell in Court and Cabot are statute barred, I'm not going to give up on this one. 3/3

[VitSea]

I noticed recently that my credit status has gone from poor to good on experian. The old Barclaycard debt sold to PRA group has disappeared from it.

 

The debt is over 6 years old since default, so I am assuming that this is because the debt is statute barred?

 

I'm still getting a weekly email from PRA advising me how to 'manage my account'.

 

Do I need to contact them to inform that the debt is statute barred and if I were to move, would I still need to give them change of address details? (I am renting and have done this previously).

Thanks

[unclebulgaria67]

If you have not paid anything since the default and have not admitted to owing the debt in writing in that 6 year period, then you don't need to do anything.  As the debt would be staute barred.

[BankFodder]

However if you put them on notice that it is statute barred then under the CONC rules they are prevented from taking any further enforcement action or hassling you about it

[dx100uk]

Sent them our sb letter from the debt collection section of our library

same for any other debts like this too. Esp if you ever moved and never told the oc or the dca.

 

I will assume youve not paid anything since the default?

a default reaching its 6th birthday, thus causing the whole account to be removed might not mean a debt is sb'd!!

 

Dx

 

Old and new threads merged for complete history

 

how are you gauging statute barred?

[VitSea]

Thanks, I have made no payment or given acknowledgment of liability during the 6 year period.

[dx100uk]

Sb letter time