Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Opened a credit card account with Barclaycard in October 05
I wrote to Barclaycard asking for my CCA on the 5th October 2007,
they then put in the hands of Mercers without acknowledging the letter at all.
I wrote again on the 6th February 08 asking again for my CCA.
They have replied with
QUOTE
"Please find the following information as follows,
A copy of your Barclaycard Executed Agreement regulated by the Consumer Credit Act. (This is one A4 sheet called Barlaycard Conditions)
The current outstanding balance on your account as of today day is £----
As you applied on the internet for your Barclaycard Account you agreed to the terms and conditions while applying on line." UN QUOTE"
I would have thought that they should have at least sent me something to sign to accept the Card. I am right in thinking this, and I just wondered as it is the first time Iv ever applied for anything on the internet how do you stand regarding legalities
All help appreciated please as up to my eyes in legal paperwork.
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.
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.
Hi all, hope you can read this one okay sorry its taken me so , only Im a bit of a novice. I received the second page of this in this mornings post.
I guess they had forgotten and sent it as an after thought.
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.
I've still not had a clear answer as to how you should proceed. There's differing opinion about what documents you might expect with this being and internet a/c.
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.
The doc'ts you linked in post #7 above are no longer viewable. Were they just terms and conditions.
I think BC have failed to provide you with the necessary Agreement setting out the prescribed Terms as required. It appears that they still have to comply with certain requirements even though this a/c was opened on the internet.
If this is so, you can tell Mercers to clear off and they must leave you alone. You can also decide how to repay BC and they cannot add further charges or interest to what you owe.
When you opened the a/c, do you recall getting anything confirmatory from BC such as an email or something in writing.
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.
Hi thanks for getting back to be really appreciate it have put the documents on again.
I did'nt get a single bit of correspondance from them, I have noting with any signitures on , have checked the info I received with my S.A.R - (Subject access request) and not showing any correspondance, only statments.
I would have thought that they would have at least checked to see if I was ligit. Can't beleive they would just send a card for £4000 I could have been anyone. And just another thought they would have needed a specimen of my signiture to start with, would,nt they?
As BC have failed to produce the documentation required to comply with your CCA request, we'll work on the basis that they DON'T have it and are therefore unable to enforce the debt.
You can now repay the debt at a rate which suits you and BC can't pass the debt on to Mercers or anyone to collect. Nor can they record a Default against you for late or non-payment.
As I said in my last post, you need to decide how YOU want to play this.
Ther's always the chance they'll come up with something but, until they do, we'll assume the debt in unenforceable.
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.
Now need help with Barclaycard please
while applying on line."
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