Barclaycard Platinum Customer

[stefan_1980]

Hi all,

I have been dragged into the world of 'unenforceable credit agreements' which is really interesting but at the same time very frustrating.

So what stage am I at?

I have requested on two occasions the signed CCA. They have sent me the original and the ammended t&c's but no signed agreement. I am now assuming that they dont have it.

I have sent the standard letter that the account is now in dispute and they may not add interest etc... and I have had a reply that they have sent me the executable agreement.

They also go on to say..."A "copy" of an agreement will satisfy the requirements even if the signature box and/or the signature are not included as clarified by Regulation 3(2) of the Consumer Credit (Cancellation Notices and Copies of Docments) Regulations 1983."

Am I right in saying that yes they can send me this document, but this does not prove that I have actually signed an agreement therefore, this does not constitute as a signed credit agreement?

Thats where I am at. What should I do next.

1) Send a Subject access request?

2) Wait for them to chase me?

3)Begin court proceedings to ask for disclosure of my documents

4)Warn them that if they do not send me a true signed copy of my CCA then I shall begin litigation through the courts?

What do you think?

Thanks

Stefan (Not my real name)

[slick132]

Hi Stefan and welcome to CAG.

BC will not send your credit agreement in response to a CCA request but this does not mean they don't have one.

A Subject access request would be a good next move, particularly if you require your old statements to see how much you've been charged in penalties over the last six years.

Any penalties can be reclaimed and will be refunded in full with little trouble. If you claim interrest at their contractual rate, they will not refund and you'll have to file a claim at your local county court. Read the Reclaiming Guide at Link No1 in my signature below.

BC will maintain they HAVE complied with their obligations by sending you the T&C's. And they won't agree the a/c is in dispute. They will continue to press for payments and will default you if you fail to pay the minimum payments.

Read up on the CPR strategy at Link No2 in my signature. You don't have to read the whole thread and will find what you need on the first page.

Read other threads here in the BC forum and you'll learn loads.

[stefan_1980]

Hi,

Thanks for your advice and links.

Next step is to send the Subject access request. I will be doing this, this morning. So watch this space to see what comes.

If barclaycard still do not issue me with a copy of a signed credit agreement and I goto court to obtain the disclosure but they still dont send it, what do I do next.?



Stefan1980

[the_shadow]

Originally Posted by stefan_1980

If barclaycard still do not issue me with a copy of a signed credit agreement and I goto court to obtain the disclosure but they still dont send it, what do I do next.?

Stefan1980

If you go to court and the judge agrees with the dicslosure request... they HAVE to disclose it or admit they dont have it.

You could then either negotiate a lower repayment amount with the creditor IF YOU SO WISH..... or you could ask them to write the debt off, if they refuse you would need to seek an injunction against enforcement in the courts.

S.