Cca to barclaycard

[jomi]

Hi

 

I am a new member here and this is my first post.

 

I don't wish to intrude on other posts already in this thread, but this seemed the right thread title under which to ask a question.

 

I had a credit card from Barclaycard on which I defaulted.

 

I would like to obtain the original agreement, but they have passed/sold the debt on and it has changed hands two or three times.

 

Should I make my request for the original agreement to Barclaycard or to the current debt collector Wescott Credit?

 

I also have a similar situation with Index catalogue who I believe are part of Littlewoods. The debt with them is now in the hands of Fredrickson International. Again should I contact Index or the debt collector with my request?

Many thanks in advance for your replies.

[chancer1]

I was under the impression you ask the DCA (debt collection agency) as they should have had all files and paperwork transfered to them when they purchased your debt.

 

It was a long time ago when I got WFS on non production of agreement, but it was not a defaulted account, so i dealt direct with them.

[jomi]

Many thanks for your reply chancer1. I shall ask the DCAs for the original credit agreement. It won't do them any harm anyway to do a little work for their money for a change

[chancer1]

A bit of searching and i knew i would find it.

 

you ask them very nicely for a copy of the original Consumer Credit Agreement, as detailed below:-

 

Dear Sirs,

 

Reference: Your Debtor

Your refs: xxxxxxxxx

 

Please be aware that I do not acknowledge this debt to your company, and therefore require you to supply the following documentation before I will correspond further.

 

Firstly, you must supply me with true copies of the agreements you refer to in these matters. This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974 - your obligation also extends to providing statements of account. I enclose a £1 postal order in payment of the statutory fee for each account.

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, under section 189 of the CCA 1974.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

 

Once done - send registered - allow for 12 working days plus a day or 2 for post if feeling generous, and then look up the 12 day rule on the above, they don actually breach the rule/act until 30 days have passed.

 

Good luck - but like most will say - do some reading up and some searching.

 

Ian

[jomi]

Thank you very much Ian. I was going to send the template letter from this site, but yours is ideal for a debt collection company that did not issue the original card. Very much appreciated, best wishes, Michael.