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I am new to challenging credit card companies for the respective CCAs, but it has been 30 calendar days now since I posted my formal request to Barclaycard. Of course, I had no reply, not to my request or any other other written correspondence. I want to move on to the next stage now, following this forum's expamples.
Reading all your messages, I note that there might be a problem with the address supplied by BC. I sent the letter, recorded, to the address printed on the statements. The BC website also only gives that address. Are we supposed to guess that this address might not be correct? My letter was delivered according to the Royal Mail, although there was no signature showing when checking on line, which I since have requested from them. Could I be at fault for using the only address provided by BC?
The annoying thing is that I never wanted a BC in the first place, but BC bought this contract from Goldfish, who had bought it from Morgan Stanley years before. I suspect that there BC does not have the original CCA.
In another matter, I have also requested a true copy of the CCA from City Financial cards. They replied, although not within the time limit, saying that I was not entitled to a true copy under the revised CCA from 1983, but only to a replica, which allowed the omission of the signature and date boxes. They enclosed a printed copy of the CCA which shows no reference to my person at all. If I read your comments correctly I should now ask for a true copy under my right to disclosure, but not referring to the CCA 1974.
Re BC, it's fine to have used a Northampton address for letters. However, you need to use their correct title and address when you:-
1. File a court claim for the refund of penalty charges.
2. Make an Application on Form N244 seeking an order for BC to produce a Credit Agreement using the CPR route (as opposed to seeking the Agreement with a CCA request).
If you've suffered penalty charges in the last 6 years, you can reclaim them from BC. Read the Reclaiming Guide at Link No1 in my signature below.
BC will only send you T&C's in response to a CCA request. You should read about an alternative strategy at Link No2 in my sig're.
If you have a look at other BC threads, you'll soon see what is going on generally.
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 have no charges to reclaim, for the moment I just need to inform BC that they exceeded the time limit for supplying me with a true copy of the CCA and that they are now in default and that they should stop their relentless automated phone calls. I will use the letter template for this occasion from this site and just want to make sure that I can use the address stated on BC statements, considering that I have come across 6 differnt addressess for BC on this site.
Another issue is, that The Financial Ombudsman Service is in the process of recovering my PPI premiums plus interest for the BC account (they have already succeeded with three others, but take very long). I found that credit card companies, when ordered to repay PPI premiums, prefer to pay the amount into the credit card account, rather than by cheque to me personally. Am I correct in assuming that, when an account is disputed, they would not be allowed to pay such a refund into the account?
Thanks
Hog
(p.s.: will try to open new thread in Citi Cards for that issue)
Be warned that many copy templates incorrectly refer to s.77(6) of the CCA 1974, when it should correctly read s.78(6).
It'll likely not matter a jot as BC ignore our contentions anyway.
It's highly unlikely that any refund, for penalty charges or for PPI, will be made to you direct. It'll go to reduce any outstanding a/c balance, unless that has already been declared unenforceable in court.
Keep a log of all calls rec'd from BC or Mercers, in case you want to make a formal complaint. Also, refuse to answer any security Q's and tell them you are recording all your incoming calls because their behaviour will be reported to the fos and the OFT.
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.
Preparing the letter to BC now, and will post recorded to the address showing on statements, as before.
With regards to PPI refunds and compensation, I have successfully managed to get the three completed cases settled by cheque made out to my name, rather than by reduction of oustanding balances. My argument was, that at present, credit card companies seem to lower credit limits to the level of the outstanding balance every few month, thus, I would not benefit from any compensation, if the credit limit would immediately be reduced and the credit card company would get their refund straight back into their account. However, that was last year when I had no arrears with any of those accounts.
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.
with you too Hogg, think u may have posted originaly on my thread and Slick moved you into your own. subbed
muffintop Won Nationwide £900 and £1908 Bank Charges Lloyds personal account 1,861 Lloyds Bus Account 2k Abbey bank acc. Stayed 2008
CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP CCA Mbna Nov 08- n1 issued - GAVE UP Marks and Spencer Money Nov 08 -lost found 2b enforceable. Tomson Holiday - WON
if I help you tip my little scales it gives me a thrill. MT
Having just read elsewhere about this, INSIST on getting a cheque from them, on the basis that it was your money that they took from you and you require it back to do with as you will !!
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.
That's exactly how I felt: My money should come back to me, and so far I have put that point across successfully.
Back to BC: I have received a letter from BC today demanding payment of the arrears (2 months - they must have finally noticed that I am not answering their phone calls), and threatening to pass the matter on to Mercers. They obviously are not aware of my unsatisfied demand for a true copy of the CCA. This letter came from a different address, 1234 Pavillion Drive, NN4 1SG and not from the Barclaycard House address. Should I send a copy of my letter about BC being in default to that address as well, or any reply at all, referring to my previous, unanswered correspodence?
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 received a default notice from Mercers regarding my BC. It has been 40 days since I made the formal request for a true copy of the agreement and 8 days since I formally advised BC about their default and that the account is in dispute (no replies to either). If I understand the rules correctly BC had no right to pass my account on to Mercers whilst they are in default. Should I reply to Mercers and tell them?
ACCOUNT IN DISPUTE - Account number: XXXX XXXX XXXX XXXX
I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE.
Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998
My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be resolved on **DATE**. This obviously hasn’t happened.
As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines have breached and I consider this account to be in SERIOUS DISPUTE.
As you are aware, while my Consumer Credit Act request remains in default, enforcement action is NOT permitted and, under s127, this constitutes a complete defence at law.
I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.
If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.
I hope that this will not be necessary and an acceptable solution can be accomplished.
I would appreciate your due diligence in this matter and look forward to hearing from you 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.
this does not concern this thread, but I have posted a new message in the Hog v Citi Financial section last week, but nobody seems to have noticed. Do I need to do anyhting to get new posts noticed?
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.
Finally I have received something in writing from BC (after my original CCA copy request from Jnauary, my default complaint from February and my letter to Mercers from March). What they have sent now is a printout of non-personalised terms and conditions.
The advice Enron gave on your Citi thread applies equally here.
The documents they've sent are not your credit agreement.
You can either wait and see if they want to take you to court over the "debt", or you can be proactive and pursue the CPR route. Send the 2 letters and then you're ready to Apply to the court on N244, as per Pt2537's CPR thread.
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.
BC's Legal and Regulatory Compliance Dept has finally replied to my request from January, stating that the copy of T&Cs they sent last week meets their obligations under the CCA of 1974 and 1983. Shall I request again, this time under CPR rules?
BC's Legal and Regulatory Compliance Dept has finally replied to my request from January, stating that the copy of T&Cs they sent last week meets their obligations under the CCA of 1974 and 1983. Shall I request again, this time under CPR rules?
Thanks
Hog
I should get the first letter in, gives them 14 days, they WONT reply... give them a couple of days and then send the second letter for a further 14 days... by then we should know the outcome of smt vs barclaysharks.
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.
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.
Hog29 -v- BC (Morgan Stanley, Goldfish)
showing when checking on line, which I since have requested from them. Could I be at fault for using the only address provided by BC?
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Originally Posted by Hog29
