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Hi everyone. Firstly, many thanks to all of you. I have got some great advice from reading this forum!
After years of struggling to keep up with payments to Barclaycard at 2X% APR I can no longer afford to do so. In early June I finally decided to CCA them. They've had more than my outstanding balance from me in interest payments already and, anyway, continuing to pay them just isn't possible.
The story so far is that in late June they sent me a partially illegible application form with no prescribed terms, plus old Ts & Cs (not part of the application form) and current Ts & Cs.
I wrote back in early July explaining that their response wasn't adequate and asked for a true copy of my CA again. They replied with a 'final response' bizarrely referring to documents I had never requested, and stating that they believed they had satisfied my request.
A couple of weeks back I put the account in dispute and sent them a SAR asking for all statements plus original CA etc.
I've missed one payment so far (only a few days ago), and haven't heard from them as yet.
I'm waiting for the phone calls to start! I will post up details as soon as I have heard from them again.
By doing both SAR and CCA requests, you cover yourself nicely here. If they can produce a valid CCA response, you can at leats get the debt reduced by the amount of duff charges they've made to the a/c over the years.
Let us know what the penalty chgs add up to when you get the state's from them.
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 seriously doubt whether they can produce a valid CCA response, having read lots of threads here. The 'credit agreement' they produced was just a partially illegible application form with none of the prescribed terms. This account dates back to the mid-90s and I believe that they only manage to supply application forms for most (all?) accounts from this time.
It contains all statements back to July 2002. Barclaycard go on to say that this is all the information that they hold relating to my account.
Firstly, while they still have some time to comply, they have failed to send me application forms, copy of the Credit Agreement, details on manual intervention etc.
Also, can they legally only send statements for the last 6 years?
If anyone can advise me here, it would be greatly appreciated.
Uman v Barclaycard
payments already and, anyway, continuing to pay them just isn't possible.
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