iddles10 and Barclaycard CCA Request

[iddles10]

I have a Barclaycard with a balance of around £3000. After being contacted by a company offering to check each of my credit agreements for £150 per agreement, I decided to look on this site, and do it myself. (I can't afford to pay them to do it, simply)

Apparently, these companies have around 26 'checks' that they use, and I wonder what they are??? If a check list is on this site - does anyone know how a newbie can find it, please?

(To start with also reclaiming some charges, I've purchased the Patricia Pearl book, it's on it's way. )

I used the letter template from this site - which requests a copy of the credit agreement under the Consumer Credit Act, 1974.

The Barclaycard agreements - current and 'original' don't carry a signature, or a date of any kind.

Perhaps I need to request the information under a different Act, to get a complete response - with a copy of a signed document? Or does this mean that they don't have a copy of the signed agreement?

I'll send a letter clarifying that I need a copy of a signed agreement, using one of the other templates.

So far, they've only responded with a copy of some terms and conditions at the 'time of signing', but with no copy of a signed agreement - they've omitted the signature page completely.

[liamgee]

No Barclaycard are being arses they should send you a "true" copy of the executed agreement. Send the non compliance letter that is in the templates. It looks good so far if they had it I would of suspected they would of sent it on this request fingers crossed.

[slick132]

Hi Iddles,

Steven 4064 has written a useful tutorial on checking over credit agreements. Read it here - http://www.consumeractiongroup.co.uk...greements.html

A quick glance at the other BC threads here will show that the majority concern CAGgers attempts to get sight of their credit agreements.

Read about the CPR strategy at Link No2 in my signature below.

[iddles10]

liam, slick - thanks.

I've been reading around this site like crazy. It's really encouraging and informative. As usual, though, I need to ask some questions, that I can't find answers to, yet:

1) If the creditor is unable to provide a copy of a signed agreement/terms and conditions - can you argue for the credit file entry to be removed, completely?

2) This seems a cheeky question... If the creditor really can't produce a signed agreement, can you really argue for amounts paid to be refunded? I'm only asking this because some companies who offer to help you write off your debts are mentioning this as part of their sales patter. (I don't plan to push for this, by the way, but wanted to hear peoples' thoughts.)

Thanks for your help, again, guys.

[liamgee]

Hi iddles10

As from today I am no longer able to give any advice on these forums. I hope you all the best with your claim.

Liam

[slick132]

Hi Iddles,

In answer to your Q's:-

1. Yes you can although, in practice, getting this done takes time and effort. It also depends on how the question of a/c enforceability is resolved, ie by way of a court case, or by some other means of negotiation.

2. AFAIK, no you can't.

[iddles10]

Originally Posted by liamgee

Hi iddles10

As from today I am no longer able to give any advice on these forums. I hope you all the best with your claim.

Liam

Awwwwwwwwww, why????? Ave you been naughty? Thanks for your help tho dude.

[iddles10]

Hi! Update on this lot:

I sent this response to their last mail to me:

http://i719.photobucket.com/albums/w...oBarclays2.jpg

And, this is the response I've finally received from them. The first word that came to mind was, "Wat?" But it sounds like they've ignored my request under Civil Procedure Rules, too.

http://i719.photobucket.com/albums/w...eply3Page1.jpg

http://i719.photobucket.com/albums/w...eply3Page2.jpg

http://i719.photobucket.com/albums/w...eply3Page3.jpg

So, um, I'm lost on what to do at this point. I've asked for the agreement under CCA 1974 and Civil Procedure Rules. Also, they have refused the 'Dispute' status And, still no sight of a signature.

Subject access request? Just want to be sure, before I do. OR, should I send this with anything added>>>

Dear Sirs

Account number

I write with regards to the above account with your organisation.

I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as i have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.Additionally i require the underwriting sheet or other document showing any commissions paid to you by the broker or by you to the broker

(If you have any other reasons why you need the agreement such as misselling of PPI Add it here)

obviously if the agreement is improperly executed i would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

I do not view this as an unreasonable request given that by supplying the document which i have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

I look forward to your reply and wouyld ask for a response by 4pm on XXXX Date ( Give 21 days to respond)


Regards



xxxxxxxxxxx


Thanks peeps.

[slick132]

If you want to use the CPR strategy, you should send the CPR letter 1 and 2 from the CPR link in my signature.

If they fail to respond adequately to these, you can make an Application to the court as set out in the CPR thread.

[iddles10]

hehe. Wow! That was quick slick Thanks

I'm not the only one with insomnia, then!

I'll send that off, then.

[iddles10]

OK, here's my response: I'll send tomorrow.

http://i719.photobucket.com/albums/w...clay3Page1.jpg

http://i719.photobucket.com/albums/w...clay3Page2.jpg