AA99 v Barclaycard No1 a/c

[AA99]

Originally Posted by slick132

Hi AA,

Send them the appropriate rejection letter from here - http://www.consumeractiongroup.co.uk...ng-offers.html

Send the CCA Request (Letter N) as a separate letter. Use the same envelope to save on postage but don't combine your Penalty Charges Reclaim and a CCA Request in the same letter - it'll confuse poor BC.

Issued both letters today 06 January 2009

[AA99]

Received phone call today from Barclaycard, could be Acc.1 or 4. She was very pressing, and when I told her I didn't correspond over the phone and was waiting for written replies to my letters, she told me they had the right to phone me every day if they wanted to! As my calls are all recorded, I pleasantly said goodbye

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[slick132]

Hi AA,

Please keep recording in case needed by you or by the Site.

[AA99]

In response to my CCA request dated 06 Jan 09, today I received this:



1 plain sheet of T&C's attached

This account was opened with Monument in July 2004 !!!!!!!!!

[slick132]

Hii AA,

Maybe it's time to try the CPR approach on this a/c, as they've confirmed this is their final response to the CCA request.

why you shouldnt use section 77/78 CCA 1974 if you want the signed agreement

[macie]

Regulation 9 reads as follows

"9 Copies of old agreements and security instruments where the agreement or security instrument has been lost etc

Any copy of an executed agreement made before 19th May 1985 or of a security instrument relating to security provided before that date which is given to the debtor, hirer or surety under any provision of the Act on or after that date may comprise an easily legible statement of the current terms of the agreement or security as the case may be insofar as they
are known to the creditor or owner where, due to an accident or some other cause beyond his control, the creditor or owner does not have in his possession the executed agreement or security instrument or any copy thereof. "

Of course, a policy of destroying documents would, arguably, not be covered by "due to an accident or some other cause beyond his control, the creditor or owner does not have in his possession the executed agreement or security instrument or any copy thereof." I would be asking them what happened to the signed agreement. If their actions were premeditated destruction regulation 9 doesn't cover them?

[AA99]

Steven, thanks for that re the CPR. Spent the whole afternoon reading that thread

Macie, thanks for that input

However, it was the 1985 bit that bothered me. I absolutely do not recall this account in 1985 My own records show that this account was opened with Monument in July 2004 !!!!!!!!!

[AA99]

Have just spent half an hour on the CPR thread but would like to know if there is a final template letter to request CCA under this now? Got Mercers to admit on the phone yesterday that they only have records dating back to 2007 when BC took over from Monument

[slick132]

If you're looking for CCA follow-up letters see here at posts 2 and 4 - Barclaycard No CCA

[AA99]

Thanks Slick but I am getting nowhere with all my creditors with those letters. What I was referring to in fact was the CPR 31.16 route
why you shouldnt use section 77/78 CCA 1974 if you want the signed agreement

[slick132]

Hi AA,

Sorry, but I saw CCA in your post which is short for Consumer Credit Act.

Reading through again, I now think you meant Credit Agreement (CA) in your post #48 above.

From my understanding of Pt's thread, the 1st request for the CA is the letter in post #2 and the letter in post #3 is your LBA.

If they fail to produce the CA after 21 days, you go on to File at court as per Pt's post #4.

Hope this clarifies.

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[AA99]

Hi Slick, understandable mistake but feel we have still got crossed-wires here. I have been unable to obtain CCA's from these creditors, have sent default CCA letters, have sent LBA letters, have sent final LBA letters, they just keep coming back with different regs. I thought that I could now use the CPR Consumer Protection Regulations 31.16 to try and get a signed CCA or admittance of not having one, prior to going to court. That thread on the subject, http://www.consumeractiongroup.co.uk...ml#post2004072
has gone on forever, and I was wondering if there is a final template letter using this law

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[AA99]

CPR

or is it Civil Procedure Rules or is it Consumer Protection Regulations. I think both the Creditors and myself are getting them confused. This is the thread to which I was referring:
why you shouldnt use section 77/78 CCA 1974 if you want the signed agreement

[slick132]

Hi AA,

CPR 31.16 refers to part of the Civil Procedure Rules.

I have been through the 1st 2/3rds of the huge CPR thread and have found no amendments. I assume, therefore, that the 1st ltr and the LBA, referred to in my post #51 above, still stand.

So if you've not rec'd your CA (credit agreement) in response to your CCA request, try using the CPR route using the letters in the early posts of the CPR thread.

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[AA99]

Thanks Slick, that's what I wanted!

[AA99]

CPR31.16 typed up and ready to post tomorrow

[AA99]

Posted CPR letter on 12 March, recorded, with request to respond by 1 April, no reply yet

[slick132]

Time for the 2nd letter then.

[AA99]

CPR 31.14 as opposed to CPR 31.16, let's go to court then

[slick132]

Sorry AA,

Don't understand your post above.