Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Thumbs down Barclaycard ignoring CCA request

    Hi there,
    Is anyone having trouble getting CCA info from Barclaycard? (daft question, I know!)
    I've sent them THREE separate requests for the information and they simply credited the £1.00 cheques to my account, despite the fact that they were clearly marked 'For CCA use only'. The reason they got three was because they refused to sign or any of the recorded delivery letters (can you legally do this?) and I thought they had been lost in the post!
    I've just had the customary letter from Mercers asking to cough up money, but I have already placed the account in dispute and have no intention of complying with them unless they learn some manners. They recently paid back all of my charges (as a 'gesture of goodwillicon, pah!) at my request. I had fallen behind with payments and expected the refund to clear 2 months arrears and put my account back into credit, since the refund was substantially more than the arrears. They refused to do this and began harassing me for the arrears, which got me so angry I CCA'd them as I don't have a copy of an agreement, just a letter saying that my application had been approved. They are now ignoring ALL letters regarding this and have gone past the 30 day deadline for supplying the information I requested. Obviously I am going to report them but I was wondering if anyone else has the same problem and could give me some tips.
    Cheers!

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  2. #2
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    Default Re: Barclaycard ignoring CCA request

    Hi Tallulah,

    Not quite clear on this - what refund have BC made and what is the approx balance allegedly owing on the a/c.

    Are you saying the refund should have been accepted by BC/Mercers as monthly pay'ts and therefore wiped out arrears, but there's still a balance left owing overall.

    You should write to BC complaining that you have sent 3 CCA requests and, on each occassion, they have credited the £1 fee payments to your BC a/c which is totally unacceptable.

    They should refund you the extra £2 paid in fees and supply the Credit Agreement as required within 14 days. Failure to do so will force you to report BC's behaviour to the fosicon for investigation without further notice.

    Enclose copies of the 3 previous CCA requests.

    Out of interesticon, did you CCA BC or Mercers.

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    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.

    If I've been helpful, please click my scales.

  3. #3
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    Default Re: Barclaycard ignoring CCA request

    Hi there,
    My account was been credited with a total of £565.38, which I requested. The balance is just over £2000 and my credit limit was £2250. After they refused to acknowledge this as a payment to my account I wrote and asked them to send me a cheque, which they also refused to do. I then CCA'd BC, who ignored my request and sent statements claiming that the account was now being handled by Mercers. Since they are representatives of BC they should be aware that the account is in disputeicon but they have threatened the usual doorstep visit and BC are still adding charges and interesticon to the account. I won't CCA them again as they have had ample time to respond, have failed to do so and have now committed an offence. I will now report them to the relative authorities.
    PS: how do they get away with receiving signed for delivery letters without a signatureicon? nothing shows up on the Post Office website and I know they must be doing this to avoid letting me know the exact dates when they have received letters. (Pity they were stupid enough to cash the cheques inside though!)


  4. #4
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    Default Re: Barclaycard ignoring CCA request

    Mercers are BC's in-house collection arm so they know full well what BC are doing at any time.

    Recent changes in legislation meanthere is no longer an offence committed after 30 days of non-reply. You can still report them to the fosicon for continuing to harass when the a/c is in dispute.

    I'd still suggest you write to BC as per my previous post to force the issue of the CCA. If still no response, fire a complaint off to FOS and to local Trading Standards office.

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    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.

    If I've been helpful, please click my scales.

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    Default Re: Barclaycard ignoring CCA request

    "Recent changes in legislation meanthere is no longer an offence committed after 30 days of non-reply. You can still report them to the fosicon for continuing to harass when the a/c is in dispute."

    I thought this applied to credit agreements post which were entered into post April 2007. Am I mistaken in thinking that?


  6. #6
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    Default Re: Barclaycard ignoring CCA request

    Hi Wiz,

    My understanding now is as follows (per Steven 4064):-

    If a creditor fails to comply with a CCA request in the prescribed time (12 days), then they cannot take enforcement action until they do copmply. For Agree'ts signed before 2006, if they fail torespond witin a further calendar month, then they commit an offence But not a criminal one).

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    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.

    If I've been helpful, please click my scales.


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