Barclaycard - Help

[BhaviniTB]

Hi everyone,

My husband took out a Barclaycard in 2001, it's only in the last two years that DCA have been in contact asking for repayments. We managed to fend off the DCA's and to dat they have never been able to provide the original signed agreement.

Am I right in thinking that since this was a 2001 agreement it fall under the CCA 1974 (before it was amended in 2007) and that the DCA who are MKDP should provide a TRUE copy agreement.

So far they have sent an illegible copy of a reconstituted agreement, notice of assignment and some statements - should my husband offer repayment plan the amount is £500.

Please can someone help with this.

Many thanks
B

[nemesis45]

Re: Barclaycard - Help

Hi,

Was all this done through a formal CCA Request with £1 statutory fee paid?

When did payments cease completely?

Is this account on your husbands credit report>?

Take a read of the following.

A reconstituted agreement to comply with a sections 77/78 request under the CCA 1974 (as amended) MUST HAVE:

1. The debtors name and address as at the inception of the account.
2. The creditors name and address at inception.
3. The Terms and conditions at the inception of the account.
4. " " " closure of the account.
5. Any material amendments made to the T's & C's during the life of the agreement.
6. Any other documents mentioned in the agreement.

A current statement of the account ( not an historical one)

Every part of the document (s) Must be clearly legible.

So I think what he has fails to satisfy the CCA Request, nor would it be viable in court.

You could attempt to throw MKDP a " curve ball" by writing to them stating that no liability for this alleged debt is acknowledged and the " reconstituted agreement fails to comply on a number of points ( do not tell them which points) and is therefore rejected and unless MKDP can produce within 7 working days a proper copy of the original signed an executed agreement as required for a pre April 2007 account you will consider the matter closed.

If you do decide to write address the letter to: Ms Sara Lambert, CEO the Compello Group ( same address as MKDP) mark it private & Confidential. Use signed for post.

[BhaviniTB]

Re: Barclaycard - Help

Hi nemesis45,

Actually MKDP sent it off their own back! Payments ceased early 2013.

The account is on his credit report as being owned by MKDP who have applied a default on it from the date they acquired it.

Thank you, I think I will take that ball and throw it back at them

[BhaviniTB]

Re: Barclaycard - Help

Hi,

I've received a response to my Letter to MKDP, as advised above they have sent back the following response, I've had a look at the judgement in Carey v HSBC many times but couldn't see what year they signed their CCA.

I feel that they are trying to fob us off from their obligation as they haven't got the signed copy for a pre April 2007 agreement.

You advised us that you would like an original signed copy of your credit agreement as you do not agree with the one you have received from
Barclaycard.

Your request for a copy of your credit agreement was made under section 78 of the Consumer Credit Act 1974. Please find below an extract from paragraph 2.17 of Guidance issued by the Office of Fair Trading on section 77/78/79 of the Consumer Credit Act 1974:

"The copy of the executed agreement must be a 'true copy' of the original. However as confirmed in the recent case of Carey v HSBC, the term 'true copy' does not mean a carbon, photocopy microfinch copy or other exact copy of the signed agreement."

Furthermore, paragraph 2.18 of the said guidance confirms that pursuant to the Consumer Credit (Cancellation, Notices and Copies of Documents) Regulations 1983, any signature box, signature and date may be omitted from the copy of the executed agreement.

This therefore means that where a request is made under section 78 of the consumer credit act 1974, an exact copy of a credit agreement showing your signature does not need to be sent to you and a 'reconstituted' copy is sufficient.

Can someone please help what steps can I take now against them, what they sent me was illegible.

many thanks.
bee

[nemesis45]

Re: Barclaycard - Help

Does the " recon" agreement comply with the items listed in post 2#?
If not it does not satisfy the CCA request.
MKDP Will need the " original " agreement to enforce via the court as it's a pre April 2007 agreement.

[BhaviniTB]

Re: Barclaycard - Help

Dear Nemesis45,

I have the following:

- a letter from Barclaycard with the amount outstanding £516.00
- a sheet of paper with my husbands old address, and a box saying 'your right to
cancel'
- a black and white copy of an agreement with no name etc which is illegible
- barclaycard conditions with his name on, the second page of this is illegible
- another document which is illegible
- a old statement from 2012 and 2013

most of it is illegible, do can not tell what other documents are needed.

What at if anything can I do now? Shall we offer repayment?

[nemesis45]

Re: Barclaycard - Help

No that alleged agreement is not compliant.
All parts must be easily legible!.
So:
Reply to BC:
Date:
Ref: use theirs:

Re: " Reconstituted Agreement:

Sir/ Madam,

I am in receipt of your letter dated XX .XX. XXXX. and the enclosed documents Barclaycard alleges is a copy of the agreement relevant to the BC No.xxxxxxxxxx I am sure Barclaycard is fully aware of the requirements of CCA 1974 regarding such documents and as such is aware the documents provided do not comply with said requirements, therefore the document is rejected.

As you are aware this matter cannot be enforced via the court system until a fully compliant agreement is produced,
No further correspondence can be entered into until BC complies with my lawful request under sect 78 of CCA 1974.

Signed for post, check delivery.

[nemesis45]

Re: Barclaycard - Help

Duplicate Post removed
nem

[BhaviniTB]

Re: Barclaycard - Help

Thank you so much I'll get that written up and sent off tomorrow, and await their response.

once again I am very grateful for your knowledge on this matter.

Bee

[pricey1976]

Re: Barclaycard - Help

Hey. how did you get on with the second letter to them? I'm in the same boat with MKDP, have a barclaycard debt which goes back prior to 2007 and they have sent an unsigned recon agreement

[BhaviniTB]

Re: Barclaycard - Help

Hi everyone,

Haven't been on for ages. MKDP are asking me why the agreement is not compliant, they went back to Barclaycard who I assume do not have the required documents and I assume that MKDP know this, so I have written to MKDP to say that they need to figure out why its not compliant and stop harassing me.

[nemesis45]

Re: Barclaycard - Help

Excellent reply!!!!

nem

[BhaviniTB]

Re: Barclaycard - Help

It just makes me think how worried I was until you kindly pointed out that the agreement was not compliant. We'll see what they come with in their next correspondence!

Thank you for your help so far [MENTION=55034]nemesis45[/MENTION]

[Don Quixote]

Re: Barclaycard - Help

The account is on his credit report as being owned by MKDP who have applied a default on it from the date they acquired it.

When was the account originally defaulted? Did MKDP simply take over the original default, or add a new one? They can’t add a new default – they can only take over the original.

If they have added a new default, then you have cause for complaint to the ICO.

[BhaviniTB]

Re: Barclaycard - Help

The original default was in 2012 and MKDP acquired the account late last year and applied a new default.