Thread: Pecky1 V Barclaycard

Sent CCA and S.A.R. request on the 28/08/07
Recived back withen a week Statements. All there going back to 2001,
Have not yet recieved CCA request although they have cashed the £11.00 sent for the requests.
I am not in debt with Barclaycard but over the years there are charges for latepayments and over the limit £20.00 each time. So have decided to claim these back thet total about £200 with out interest.
Also on my statements there is PPI which I cancelled about a year ago and also A seperate accident cover, Not sure when I took this out it seems to be from the beginning.
Should I wait to see if a CCA turns up, to see what I ticked on the boxes or shall I go now for the charges on this account, Also do I have to have the charges if refunded off the account as it is not in arrears or can I have it sent direct to me, reading the forums it seems they like to take it off the remaining balance.

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Recieved today usual letter from Barclaycard as a gesture of goodwill they will credit me £185, Which is fine with me I am quite happy to accept that What I would like to know is the account is not in arrears so can I request that they send me the amount owing and not take it of my account?
Also still waiting for my CCA request which is now well overdue if I accept this offer will this affect my CCA request pending as there is PPI added on over the years and I want to see if I ticked the box when taking out the account.

Thanks for the reply I will compose a letter and send to them and await thier reply.

Originally Posted by sallysas

Why is the cca agreement so important? I've obviously been dozing in other forums................... ..

Hi Sally,

In a nutshell a creditor has to have a legally binding valid agreement in place in order to enforce the debt, without one they have no right to enforce, ie collect payments etc. The benefit of a CCA request is that it effectively shows you the creditors hand, ie if they have no agreement they cannot enforce or if they have an agreement that lacks certain required terms or contravenes the consumer credit act and REgulations it puts you in a strong position to negotiate more favourable outcomes such a s significantly reduced Full and final settlement offer perhaps etc.

kind regards,
shane