Barclaycard CCA Return Via Drydens- no signed copy provided

[ElizabethAnne]

I asked for a copy of a CCA agreement from Drysdens / Max Recovery recently.

 

 

A letter dated March 2016 stated that they were unable to fulfill my request.

 

A letter today from Drysden attached a "copy of the credit agreement conditions".

It has none of my details on, nor my signature.

 

The letter says " our client considers the debt due and owing"

 

What do I do now?

[dx100uk]

regarding what type of account and when/OC/DCA

tell use the full story

we cant comment without more info

[ElizabethAnne]

This was a Barclaycard credit card account going back to about 2005. I have been paying a small monthly amount £1 - £6 since 2008

There is just over £400 owing

[Andyorch]

You have been given a reconstituted version of the agreement (common with BC section 77/78 requests) which is acceptable as per compliance to a section 77/78 request.

 

Whether they have a copy of the original....which would be required for enforcement purposes is another matter.

 

Regards

 

Andy

[ElizabethAnne]

Thanks Andy, the letter from Barclaycard says that the debt is not enforceable, but the letter from Drysdens says it is owing.

[Andyorch]

Thanks Andy, the letter from Barclaycard says that the debt is not enforceable, but the letter from Drysdens says it is owing.

 

Well they would

[ElizabethAnne]

Can you answer another question please - should I be corresponding with Barclaycard or Drysdens or both? Or neither!

[Andyorch]

Neither if the OC state its unenforceable...but its your choice.

[Sidewinder]

" our client considers the debt due and owing"[/Quote]

 

Careful use of words. The debt may well be due and owing but they omit to add "even if we cannot pursue this via court action"

 

They are 'asking' you to pay rather than threatening to 'make' you pay IMO. I would wait for more concrete threats and then refer to their client's letter acknowledging that the alleged debt is unenforceable, adding that in the light of that and until such time as a signed copy of the agreement is provided you will not be discussing payment nor engaging in further correspondence.

[slick132]

Hi EA,

 

There's not much detail here for us to help you properly.

 

1. The letter you rec'd in March 2016 saying they couldn't fulfil your request - was that from BC.

 

2. Have you checked old statements to see if there were penalty charges or PPI on the a/c that you could reclaim to reduce the balance.

 

3. Have you received annual statements showing how your payments have reduced the balance over the last 8 years.

 

4. I assume no interest or penalties are still being added but please confirm.