Barclaycard CCA - advice on next move please

[LB145]

Sent request for CCA originally - still no signed agreement sent, have sent 2nd and 3rd letter stating "a very clear dispute and as such etc." giving 14 days to respond, the letter below arrived on Saturday - any advice as to what the next move is please?

How do I attach pics?

[maroondevo52]

Hi, LB145.

You could try 'photobucket'............ ..

Image hosting, free photo sharing & video sharing at Photobucket

Or have a look here...........

http://www.consumeractiongroup.co.uk...i-dummies.html

Regards.

Scott.

[LB145]

Thanks for picture info - here is the letter received (I Hope!!!)

<a href="http://s713.photobucket.com/albums/w...ponsePage1.jpg" target="_blank"><img src="http://i713.photobucket.com/albums/w...ponsePage1.jpg" border="0" alt="Barclaycard CCA Response"></a>

[LB145]

Thanks for the picture advice - not sure if I got if right!

[slick132]

Hi LB,

This is a standard response from BC.

Have the sent you anything in reply to your CCA request, eg a set of their T&C's ?

[LB145]

Hi Slick 132 - thanks for your reply, yes they enclosed a leaflet of terms and conditions and telling me to view the website for further information - I sent a letter stating that this was not my signed credit agreement, they responded by sending a Printed (typed) Barclaycard Conditions Credit Agreement, under the heading is a typed sentence stating that this is an agreement with us (barclays) and my name and address, I think this is a cancellation form as there is a box to complete if I wish to cancel the agreement. - There is nothing with my signature on. I sent a letter stating that the account is in dispute as the information sent does not fulfill my request. Their response was the previous item.

What is the next move if any?

How do I do the scales thing?

[slick132]

If you've suffered penalty charges on the a/c, you should reclaim them, in full, now. If you need statements from BC for the last 6 years, send them a Subject access request

You could complain to the fos that BC have failed to respond with your credit agreement and are evading their responsibilities under CCA 1974.

Or read up on the CPR strategy - see Link No 2 in my signature below.

[LB145]

Still no CCA - no response to Subject access request - although they have sent a letter to apologise for the delay in dealing with my complaint!

[LB145]

Package arived today with the following letter - also another persons letters were included in my package!!!

http://i713.photobucket.com/albums/w...terBlanked.jpg
http://i713.photobucket.com/albums/w...er2Blanked.jpg

Any advice greatly apreciated and urgent - I am "juggling so many plates" at the moment that I do not want to lose track!

[slick132]

Hi LB,


You could send the other person's data to the Information Commissioners Office with a brief letter explaining that BC have sent it to you in error.

They'll forward it to the intended recipient and hopefully also approach BC about their failings.

Have you got enough data to do your SOC yet.

[LB145]

What is SOC?

[slick132]

SOC = Schedule of Charges.

List all the charges on a site spreadsheet to create your SOC - http://www.consumerforums.com/resour...n-spreadsheets

Use the CCard Prelim letter here - http://www.consumerforums.com/resour...s/121-bookworm

This letter can also be reused for your lba.

Read the Reclaiming Guide in my signature below - Link No1.

[vint1954]

Originally Posted by LB145

Thanks for picture info - here is the letter received (I Hope!!!)

<a href="Barclaycard CCA Response picture by Diamond40_photo - Photobucket" target="_blank"><img src="http://i713.photobucket.com/albums/w...ponsePage1.jpg" border="0" alt="Barclaycard CCA Response"></a>

What they fail to say is that the information that can be missed is a signature or security information.

[vint1954]

Hi LB,

If I read this one correctly, you have sent a CCA request and BC have not provided an agreement, just terms and conditions.

Please confirm.

Vint

[LB145]

Originally Posted by vint1954

Hi LB,

If I read this one correctly, you have sent a CCA request and BC have not provided an agreement, just terms and conditions.

Please confirm.

Vint

This is what they sent when I originally requested the CCA agreement - typed details with my name at the top (blanked out) etc, I wrote back etc, and there was no other documentation in the Subject access request other than mentined in previous thread, any views?

http://i713.photobucket.com/albums/w...sBlankedPa.jpg
http://i713.photobucket.com/albums/w...nsBlanke-1.jpg

[vint1954]

Originally Posted by LB145

This is what they sent when I originally requested the CCA agreement - typed details with my name at the top (blanked out) etc, I wrote back etc, and there was no other documentation in the Subject access request other than mentined in previous thread, any views?

http://i713.photobucket.com/albums/w...sBlankedPa.jpg
http://i713.photobucket.com/albums/w...nsBlanke-1.jpg

Total rubbish.

I will put something together as soon as I can.

Vint

[vint1954]

Hi LB,

I have sent you a PM, with a letter.

Vint

[slick132]

Hi LB and Vint,

This would be better dealt with on the open forum (obviously with name, address and amounts hidden) for 2 reasons. Other users can see any suggested letter which:-

1. Can be checked and, if necessary, corrected or discussed.

2. Can benefit all site users who may need similar guidance.

[LB145]

Here is the template letter response that I am to send.

Letter below for Barclays.

ACCOUNT IN SERIOUS DISPUTE

xxxxxxxxxxxxx 2009.

Dear xxxxxxx,

Re account no xxxxxxxxxxxxxxxxxxxxxxx

I am in receipt of your letter date xxxxxxxxxxxxxx and note its contents.


I note, that xxxxxxxx are still in breach of supplying the documentation that I have previously requested under s78 of the Consumer Credit Act 1974, in that xxxxxx have yet to supply a legible executed agreement. To date, all that you have supplied under this request, is a copy of the alleged terms and conditions. As you are aware, just supplying terms and conditions, does not satisfy the criteria laid down for an agreement.

In relation to what constitutes a true copy, please read the details below. In a recent letter from the enforcement department of the OFT, the text below was quoted, explaining what is required.

“The copy of the executed agreement need not be an exact copy but it must be a ‘true copy’ and not some reconstruction of what the original might have been and it must contain the same terms as the original. Where the terms have been varied as provided for within the agreement, the copy of the original agreement must be accompanied by a document setting out the current terms, as varied. Certain details may be omitted from the original agreement eg the signature but the debtor must be in no doubt as to the true nature of his obligations under the loan.

Should no original agreement be in existence it is very hard to say that the copy the creditor offers to the debtor is, in fact, a true copy as there would be no original with which to compare it. In our view the onus of proof would be on the creditor to show that the copy is a true one and where none existed he may have difficulty discharging this. Neither should creditors suggest that a consumer has signed a credit agreement where they are unable to provide evidence to support this — to do so is likely to be a misleading action under Regulation 5 of the Consumer Protection From Unfair Trading Regulations 2008 (the CPRs) and would also constitute an unfair or improper business practice.”



The relevant main points of the Law and OFT regulations while the account is in dispute and Barclaycard remain in default.

• Barclays may not ask for payment against this account.
• I am not obliged to offer any payment against this account.
• Barclays cannot register any data with a third party.
• Barclays cannot take any enforcement action, including registering Defaults.
• Barclays cannot pass the account on to a third party for collection.
• Barclays cannot sell the account.

I am now granting to you a further 7 days to produce a true copy of any executableagreement.After that I will consider that the above matter is closed and that you will no longer pursue the alleged debt.If you are insisting that the non enforceable reconstructed Application form with added terms and conditions that you have supplied, is the only alleged agreement in your possession, then I would suggest that the best course of action would be to immediately set the balance of the above account number to zero.

You must also consider this letter as notice under s10 of the Data Protection Act, to cease processing my data. All entries which refer to missed payments be removed from my credit file All collection activities cease with immediate effect until you comply with my request from xxxxxxxxx or such time as a court makes an enforcement order.

Yours sincerely

[vint1954]

Originally Posted by slick132

Hi LB and Vint,

This would be better dealt with on the open forum (obviously with name, address and amounts hidden) for 2 reasons. Other users can see any suggested letter which:-

1. Can be checked and, if necessary, corrected or discussed.

2. Can benefit all site users who may need similar guidance.

Hi Slick,

I have no problem with that, if LB is in agreement.

Just mindfull of guests.