Barclays 'You have to pay £10 for a CCA request' ...?????

[maxibon]

I have sent off 2 CCA requests to Barclaycard for my account and my boyfriends as we dont believe they can provide the original copies.

We received a letter in reply for my boyfriends account stating they want £10 and this is the minimum fee for any Subject Access Request? Problem being I have not requested Subject Access Request I have asked for the Original Credit agreement copy.

I called them with my boyfriends authority and spoke to a chap there who said ' You have to pay £10 for this information ' I confirmed that I was not asking for Subject Access Request and that it states only a fee of £1 is payable for a CCA. He said ' tough you have to pay £10' I told him we dont and that they have received my letter and that I will class this as non compliance.
He said ' okay and we will just proceed with legal action at our end'. I didnt bother arguing with him to say he couldnt as the account is now in dispute as he wouldnt understand!!

Any one had simalar experience or thoughts on this? I understand they have to comply within 40 days and the debt then becomes unenforceable so shall I just leave it at that. The fact that I have tried should be enough or should I resend it to them( me thinks not but opinions appreciated)

Thanks all!!

[noomill060]

Did you send something like this?

your address

their address

date

Dear Sir/Madam

ACCOUNT NUMBER: **********
Under s77(1) and s78(1) of the Consumer Credit Act 1974, you are ordered to supply me with the following documents:

1) A true copy of the executed agreement relating to the above referenced account.


2) A true copy of the deed of assignment of the above referenced agreement.

I enclose a £1 postal order Serial Numberxxxxxxxx as payment of the maximum statutory fee.


Yours faithfully,

your name

Did you enclose a £1 postal order?

Did you send it by Recorded Delivery?

If so, forget about it. Its their problem if they dont supply this info!

[maxibon]

Hi..Yes I did send the below letter along with £1 postal order and sent recorded delivery.

They sent me the letter first saying they want £10 and returned my postal order.

I sent this:

Dear Sir/Madam

Re:− Account/Reference Number 4563210025897412

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

We understand a copy of our credit agreement should be supplied within 12 working days.

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

We look forward to hearing from you.

Yours faithfully

So best to leave it as I have at least tried to do this?, Plus I did say to the guy on the phone that he was wrong and that I will class this as non compliance with my request.
Oh well appears they have hung themselves then!

Thanks for the reply.

[noomill060]

Yup, looks like you gave them enough rope to hang themselves, but they werent satisfied with it, so they went out and bought themselves some more!

Nitwits. They must have 17 year old Youth Training Scheme baby lawyers working for them.

[noomill060]

Keep hold of the postal order and any letter that came with it.

please maxi can you edit out the account number please.

[maxibon]

Its not my account number its just the one showing in the 'template letter' already.