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

[MajorPaine]

Hello all, first post

I have recently CCA'd a number of credit cards as I'm sick of random interest rate increases and simply can no longer afford to pay them.

At this point in time I am up-to date with payments on all cards.

On 3rd Oct I did a CCA request to Barclaycard, who took over my Morgan Stanley card. The letter (with £1 payment) was signed for on 6th October.

To date I have had no response.

I am just seeking guidance on what the next step is. Presumably I write back stating they have failed to respond to my request and are in default

My questions are..

1. Is there anything specific I need to put in my letter to them
2. Should I continue making payments on this card

Thanks in advance for any responses

	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.

[reallymadwoman]

Once the 12 days are up they are in default and you could cease payment if you wanted to.

However, ceasing payment is likely to annoy them somewhat and regardless of the rules or the guidelines you could well end up with a default on your file which is liable to cause some problems.

I think that in your situation I would write a very straightforward 'I sent the request to you on xx/xx/xx, signed for in your offices on xx/xx/xx. You are now in default of my request so please comply immediately.' There are non-compliance letters around the site if you prefer but I actually think they're just as likely to take notice of something in your own words rather than something quoting a lot of legal jargon which they have to suspect has been copied off a site like this.

[MajorPaine]

thanks for that. This applies to all the CCA's I did, not a single company could be bothered to reply within the 12 days.

I'll try the softly softly approach...for now

[reallymadwoman]

It's not at all unusual for CCA requests to apparently be ignored, especially if they don't actually have a copy of the agreement ...

[MajorPaine]

would i be better waiting for another 30 days before replying. By which time they have reached criminal default ?

edit: yes I would

[reallymadwoman]

Actually the 30 day criminal default no longer applies, so I would write now in your circumstances.

[MajorPaine]

ok, thanks

I was halfway through one of those monster CCA threads when I gleaned this info, guess I should have read the other 100 pages as well!

[slick132]

Hi Major P and welcome to CAG.

You'll have to get used to late replies and being ignored - it goes with the territory.

Read here - 30 days no longer an offence under CPUTR?

[MajorPaine]

UPDATE

No response to my second letter, this is most frustrating.

I'll write to them explaining they are in default and stop payments, hopefully that will spur them into action....

[Josie8]

Originally Posted by MajorPaine

UPDATE

No response to my second letter, this is most frustrating.

I'll write to them explaining they are in default and stop payments, hopefully that will spur them into action....

Well they will certainly notice if you stop payments..........

[samcam]

Similar problem. I've CCA'd Barclaycad twice, both times I received a photocopy of their standard T&C's.

I wrote and told them that the account is now in dispute (template letter), etc. A month later the debt has been sold to RMA!

Is it not a criminal offence to sell the debt while it is in dispute?
The CCA states:-

A creditor is not permitted to take ANY action against an account whilst it remains in dispute.
The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass/sell the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.

Someone please tell me it's an offence! I want revenge for all the 8am phone calls!!!

	Record your calls Follow this link to read the review of the Truecall telephone recorder and call manager. This is the Rolls Royce of call recorders. It's a bit pricey but if you buy it with our special offer you will get it at cost: about 20% discount. How much do we make on the deal? - Nothing at all. You can also buy cheaper devices from Maplins. Truecall is the best - but the important thing is to record your calls.

	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.

[noomill060]

I CCA'd Barclaycard for my Morgan Stanley agreement and a few weeks later recieved a copy of Barclaycard terms!

I sent the usual letters and have ceased paying.

Now getting lots of the usual phone calls, skillfully taken by an answering machinew which ignores them for 5 seconds, then hangs up on them!

Theres a shed load of PPI and a few late payment charges on this account, which more than cover the account balance and for which I will be issuing a small claim for this week.

As they dont seem to have a copy of the Morgan Stanley agreement, maybe I will also ask the court to declare it unenforceable under CCA 142 as well...

	Record your calls Follow this link to read the review of the Truecall telephone recorder and call manager. This is the Rolls Royce of call recorders. It's a bit pricey but if you buy it with our special offer you will get it at cost: about 20% discount. How much do we make on the deal? - Nothing at all. You can also buy cheaper devices from Maplins. Truecall is the best - but the important thing is to record your calls.

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[MajorPaine]

I've not heard anything back since I informed them they are in dispute.

Next payment is due in a few weeks, so I'll expect the calls to start after that

[MajorPaine]

UPDATE

After sending them a default notice on 18th Nov. I get a copy of Barclaycard T&C's in the post this morning, they have dated the covering letter the 18th too

[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

[noomill060]

Heres the letter that came with the Barclaycard conditions I received in response to my CCA request. Did you get a similar letter major?

[MajorPaine]

No, that's not like mine at all.

The covering letter I received didn't refer to my Section 78 request at all and merely said..

Dear Mr Paine

Thank you for contacting us. Enclosed with this letter is a copy of your barclaycard Terms & Conditions. If you need any extra information or if you've got any questions then visit our website Credit Cards, Personal Loans and Insurance - Barclaycard or give us a call

Thank you for choosing Barcalycard. We Appreciate your custom.

Yours...

[noomill060]

Hmmmmmm....

[noomill060]

Was your letter signed by the same person, Major?

[MajorPaine]

no, mine was signed by a "Customer Service Director"

Also my letter has come from

Barclaycard house
PO Box 5592
Northampton
NN4 1ZY

That is the address I have been sending my letters to as given on the back of my bills