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I've just won back my refund charges from Barclaycard which I'm immensely happy about but now looking at their CCA. I'm trying to scan it in but not had any luck so far but it's almost illegible. I have one sheet where I've written on it my name, address, dob, nationality, age, phone number, mothers maiden name, employment details, annual income, bank details. Then there's a section entitled 'Credit Agreement regulated by the Consumer Credit Act 1974 and just a big black box that I have no hope of reading, then my signature and the date (27/4/95)
Then they sent me a separate obviously newer piece of paper entitled 'Barclaycard Agreement A copy for your records' with all the definitions, repayment details etc and a box at the top for an opportunity to cancel, but this one has no personal details on it, not even my name, no signatures anyway.
Anyone any idea about these and how I now take it forward? I accept that I owe this money but I could really do without paying any more interest as it's crippling me.
Thanks
pinky x
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
NO PRESCRIBED TERMS, seen many of these applications for Barclays, in fact i wrote a defence for a use around 2 weeks ago and the application was exactly the same albeit a bit clearer than this
Given what you posted earlier (that you acknowledge the debt and want to repay but in a way that suits you without extra chgs and int't), have a think and let us know how you want to proceed. Then an appropriate letter can be suggested.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Here's a suitable letter (courtesy of the team). Go through it carefully to adapt to your case, leaving out anything not applicable. Eg, if they're NOT calling you about the debt, leave that stuff out.
You could add " Despite the apparent unenforceability of this alleged debt, I will endeavour to repay to you the sum of £xxx BUT at a rate which I can afford and without the addition of further interest and penalties. "
Send it off to BC and see what they come back with.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Sorry, here's the letter. Adapt it to reflect your case and take out anything that doesn't apply:-
Account In Dispute
Ref:
Dear Sir/Madam
Thank you for your letter of xx/xx/xx, the contents of which have been noted.
You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.
On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).
On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.
To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.
These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.
In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.
Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation.
If that request is not satisfied after a further 30 calendar days you commit a summary criminal offence.
These limits have expired.
As you are no doubt aware section 77(6) states:
If the creditor fails to comply with Subsection (1)
(a) He is not entitled , while the default continues, to enforce the agreement.
And
(b) If the default continues for one month he commits an offence.
Therefore this account has become unenforceable at law.
You have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested.
Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.
Furthermore I shall counterclaim that any such action constitutes unlawful harassment.
Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.
This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.
Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.
It is not sufficient to simply state that you have a ‘legal right’. You must outline your reasoning in this matter and state upon which legislation this reasoning depends.
Should you not respond within 14 days I expect that this means you agree to remove all such data.
Furthermore you should be aware that 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 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.
I reserve the right to report your actions to any such regulatory authorities as I see fit.
You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.
Despite my letter regarding ANY communication from your company, which stated that I require ALL communications in writing, your telephone calls continue.
This behaviour constitutes harassment; the letters stated quite clearly to you that I require ALL communications in writing for future use. Do not telephone me again - remove any telephone numbers you hold for me from your systems.
Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that ALL telephone calls are taped.
This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, has now been submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.
Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.
Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.
HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.
I would appreciate your due diligence in this matter.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Thanks, will get that off to them ASAP.
Interestingly on my other point about them 'moving' late payment indicators I've had a reply from the ICO saying;
"From all the information that is now available to me it appears that Barclaycard has failed to comply with the fourth principle in this case. This is because it appears that Barclaycard failed to update your credit file in light of the assurances contained in their letter dated 25 July 2007.
In light of this it is my assessment that it is unlikely that Barclaycard has complied with the DPA in this case"
They've apparently updated my credit file to show this, although wasn't showing yesterday so need to keep checking....
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
pinky v Barclaycard round 2
and the date (27/4/95)
x
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