Barclaycard (M.Stanley) no response to CCA request - what next?

[gavhot]

Hi

I have Barclaycard and sent a CCA request that their 12 days were up on 22/12/08, no answer.

My wife has Barclaycard and Sainsbury's card sent at sametime no answer.

thanks

[Josie8]

Get ready for a long wait...................:r oll:

[slick132]

Hi to Rubio and Gavhot.

We'll be pleased to help you with your own cases but please start your own thread for each case to avoid hijacking Major P's thread here.

Rubio, if the debt is written off due to there being no available Credit Agreement, you may not get back money paid unless the debt has been sold and you are reclaiming Penalty Charges from the new owner of the "debt". Let us know.

Thanks

[Muffintop]

absolutey marvelous wish I were you.. Im with this thread. and in same position as you guys barclaycardcca v muffintop safety in numbers.

[Desperate Daniella]

I'm here too. If we are now finding that they are admitting that they don't have the "agreements", we are all in the same position. It's interesting that Rubio refers to someone "acting for him", presumably Rubio this is a company? Are they more frightened of a company than individuals? Is that why they backed down? Anyway, the main thing is that if they have backed down once we can all go on with a degree of optimism!!!!!!!!!

DD

[Fangio of the nineties]

I'm waiting on a cca from this lot myself too....maybe they are just snowed under !....

I'll keep an eye on the thread, but keen to hear if anyone gets sent a cca....

FOTN

[rubio]

The debt had been passed onto Thames Credit who tried to get a copy of the agreement but were advised by Barclays that they haven't kept a copy of the agreement as the loan was taken out some time ago. (2005)

[slick132]

Rubio,

Thanks for that.

If you have any more to report, like if you get the charges back as well as the debt written off, please start your own thread here and let us know.

[Desperate Daniella]

Hi Rubio,

Just a bit confused, they referred to the "loan" being taken out in 2005. This was actually a credit card, wasn't it? Not a MS loan?

Thanks,

DD

[mann01]

Hi, Can this letter be sent if the creditor only sent T&C and an agreement with NO signature of the debtor or date in the sign & date box

Originally Posted by slick132

Hi MajorP,

Adapt and send this back to them:-

Dear Sirs,

Account Number: XXX

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

I note that you have replied to the above by sending a copy of your companies current Terms and conditions I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act.

To clarify, just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a "true copy" of the agreement.

This breach of the agreement can be demonstrated as follows;

As you will know section 180(1) (b) authorises, "the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form." This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557.

Before leaving section 180 there are two other sections that should be remembered these are:

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

And more importantly

Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations.

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

The regulations state:
(2) There may be omitted from any such copy-
(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;
(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancellable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations.

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions.
It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

I hope this explains why your reply was unacceptable. I await a True copy of my agreement and would remind you again that, whilst the request has not been complied with, the default continues.

Yours faithfully

[slick132]

Hi Mann,

No. This is for use when they've only sent back T&C's in response to the CCA request.

[AA99]

I'm in it too with 4xBC Accounts, press on !
AA99 v GEMoney/BHS Store Card - WON PPI 4 years + int.
AA99 v MBNA x3 - what can one say?
AA99 v Capital One x2 - Nonstop phone calls so awaiting Subject Access Request
AA99 v GEMoney Car Loan - solicitors threatening
AA99 v Barclaycard x4 - Rejected partial SOC refunds & issued LBA - WON Acc.3
NatWest - interest frozen, repayment accepted
Nationwide - interest frozen, repayment accepted
M & S More - interest frozen, repayment accepted
Donations are almost completely failing

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

[the_shadow]

Originally Posted by AA99

I'm in it too with 4xBC Accounts, press on !
AA99 v GEMoney/BHS Store Card - WON PPI 4 years + int.
AA99 v MBNA x3 - what can one say?
AA99 v Capital One x2 - Nonstop phone calls so awaiting Subject Access Request
AA99 v GEMoney Car Loan - solicitors threatening
AA99 v Barclaycard x4 - Rejected partial SOC refunds & issued LBA - WON Acc.3
NatWest - interest frozen, repayment accepted
Nationwide - interest frozen, repayment accepted
M & S More - interest frozen, repayment accepted
Donations are almost completely failing

AA99 Sorry to hijack the thread, its only a quickie

I notice on your taglines you managed to freeze interest on 3 cards/loans, can I be cheeky and ask if you used obtaining the credit agreement to negotiate these?

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[AA99]

Originally Posted by pmw1971

AA99 Sorry to hijack the thread, its only a quickie

I notice on your taglines you managed to freeze interest on 3 cards/loans, can I be cheeky and ask if you used obtaining the credit agreement to negotiate these?

No probs pmw, no, I didnt, just pure persistance In fact, they gave in quite easily lol

[slick132]

Hi PMW,

Take a look at letter A to G here - http://www.consumeractiongroup.co.uk...templates.html

For further advice, start a thread for each case as necessary in the appropriate forum.

[tommow]

I am also in the same position, wrote to BC back in Decemeber after recieving there t&c's when I was chasing the MS agreement I signed

Am I write in thinking that they are unable to add charges and give me a bad credit rating I am getting slightly worried now have never misssed a payment

I have started my own thread with all info on if someone could please help


Cheers

[slick132]

Hi Tommow,

I'll answer on your own thread.

[eastlondoner]

In the same boat...subscribing

[MajorPaine]

UPDATE

After almost 100 calls from Barclaycard in the last 2 months all went quiet a week ago.

Today I have received what pupports to be a credit agreement, sent from their "Court Orders & Disclosures Dept", it does contain my signature

It's so illegible they have had to blow it up to A3 size, even then you can barely read it....

Page 1

Page 2

Would appreciate opinion on validity of this document as a CCA

thanks

[lexis200]

Hi

From what I can see it's not legible - they need to sort that out before you can establish what's on it so that's a bit of a problem for them right from the off.

Also, the fold lines aren't consistent. The page 2 pic shows definite third/third marks, but page one shows a halfway crease. Is that how they actually look or is it just due to scanning etc?

Lexis