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After reading a lot of posts on this site i decided to go after Barclaycard to see what they had on file for me and if the agreement was enforceable or not.
Wrongly, or rightly a SAR was sent to them at the back end of last year. They responded on the 12 JAN 09 with a pack that included all the statements for the account since opening (which was Feb 04).
The thing that got my attention was that there was no copy of agreement enclosed. There was also a paragraph on their letter that states "Enclosed is everything that we hold for this account". Later on in the letter there is a list of what was enclosed, which only reads : copy statements.
This got me thinking......
A) Do they have to provide a copy agreement under a SAR or do i need to make a seperate request for the copy agreement?
B) If they are admitting in writting that all they have on file for my account is the statements, does this mean they dont have a copy of the agreement? Meaning, no copy agreement, no enforceable agreement?
C) If they dont have a copy agreement and the debt is unenforceable, whats my next course of action?:-?
Even though BC should supply the Credit Agreement as part of an SAR reply along with other data, they don't. The SAR will get you the a/c statements (if they've sent them all, you're lucky) but nothing else.
Do the statements show penalty charges - BC are refunding these with minimum effort at the mo, as you'll see from many BC threads.
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 your response.
There are indeed charges on the statements which i intend to follow up.
I will have to send them a cca request to see if they do have a copy agreement. I thought i would have to, but was looking for a quick fix!
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.
Just a quick update. I sent a prelim claim into barclaycard for £900+ for charges and interest about a week ago with no response as yet.
Their 12+2 is also up with no response either so i have sent "in dispute" letter.
I also included a telephone harassment letter aswell as i have received upwards or 50 calls from the in the space of 8 days! To top that they have also been ringing my brother in law on his work number asking for me! He has a Barclaycard aswell and we have shared the same address in the past but surely this is illegal! They did it in the past and when we both confronted them about it they have just said that his number is on my account as a contact so i must have given it to them (even though i dont know his work number myself!) All they say is they have deleted the number and updated my details, but next month the same thing happens!
Any suggestions?
BTK
Cabot At Court Stage
Barclaycard Settled, Amount Written off 12/02/09
Cabot At Court Stage(2nd account)
Skycard Now with Capquest, Threatinging SD
Next No CCA received, in dispute sent. Nothing heard for over a year
HSBC No CCA received, in dispute sent
EGG S.A.R sent 04/02/09
All they say is they have deleted the number and updated my details, but next month the same thing happens!
Any suggestions?
BTK
I'm guessing your speaking to them to get the number removed... if so they'll never do it. Deal with them in writing only and ask for confirmation of telephone number removal in a letter. Send it recorded delivery also.
IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.
Re the calls to your BiL, confirm in writing that they must stop these calls immediately as they are in clear breach of the OFT debt collection Guidelines.
Tell them all calls to you and to your BiL will be recorded from now on to back up formal complaints to the fos, Trading Standards and Ofcom.
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 Guy's.
Just thought i'd update on the situation a little and get a feel for what other people have experience from Sharklycard.
To start with i have yet to receive any kind of response to my cca or my in dispute letter, which have both been received and signed for.
An up note is that they seem to have listened to my telephone harassment letter as the calls have stopped!
I also sent them a claim letter for charges etc, which again i received no response. Today i sent the lba. I was hoping for some insight into what other people have experienced at this level. Have anyone received positive responses to an LBA? Do they tend to listen at this point or are they likely to drag it out for court? Im prepared for that but could do without the hassle.
Thanks
BTK
Cabot At Court Stage
Barclaycard Settled, Amount Written off 12/02/09
Cabot At Court Stage(2nd account)
Skycard Now with Capquest, Threatinging SD
Next No CCA received, in dispute sent. Nothing heard for over a year
HSBC No CCA received, in dispute sent
EGG S.A.R sent 04/02/09
Cabot At Court Stage
Barclaycard Settled, Amount Written off 12/02/09
Cabot At Court Stage(2nd account)
Skycard Now with Capquest, Threatinging SD
Next No CCA received, in dispute sent. Nothing heard for over a year
HSBC No CCA received, in dispute sent
EGG S.A.R sent 04/02/09
I did answer this earlier but the site was having a hissy fit and my reply didn't get posted.
If you are just claiming back your charges, you should get them back quite quickly and easily.
They'll repay the charges plus a flat 8% bonus, without you having to file at court.
If they don't refund by the expiry of your lba, you can file at court and then you'll also get s.69 Statutory interest on top, plus any court fees incurred.
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 for that.
It will be interesting to see how this pans out as they have ignored everything else i have sent them so far.
BTK
Cabot At Court Stage
Barclaycard Settled, Amount Written off 12/02/09
Cabot At Court Stage(2nd account)
Skycard Now with Capquest, Threatinging SD
Next No CCA received, in dispute sent. Nothing heard for over a year
HSBC No CCA received, in dispute sent
EGG S.A.R sent 04/02/09
Good Day Fellow Caggers!
Good News! I received a letter today from one Mr Simon Wilkinson from Barclaycard, below. I have received a refund of my charges claimed which has cleared my balance and left me £25 in credit.
A victory me thinks
How can i get the tittle to read ** Won ** ?
Thanks to all who have inspired and helped my fight, it couldn't have been done without your guidence and Support.
BTK
Cabot At Court Stage
Barclaycard Settled, Amount Written off 12/02/09
Cabot At Court Stage(2nd account)
Skycard Now with Capquest, Threatinging SD
Next No CCA received, in dispute sent. Nothing heard for over a year
HSBC No CCA received, in dispute sent
EGG S.A.R sent 04/02/09
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.
BTK v Barclaycard ***WON***
was sent to them at the back end of last year. They responded on the 12 JAN 09 with a pack that included all the statements for the account since opening (which was Feb 04).
Reply With Quote
12/02/09
Originally Posted by bushtuckerkid
