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.
I have spent a lot of time reading through the posts and am very confused on where to go from here.
Me and my partner have a barclaycard each, we have both had these cards for about 8-10 years. Finances are tight now and I have sent of a CCA request, taken from this site, on both of them. Nothing was received in the 14 day period given so I sent the account in dispute letter, again from this site. Still not received anything and from reading the posts this is not unusual.
I would like to know what to do next. I can't afford the next payment due in two weeks but we have just had a baby and I am not sure if I can deal with the stress of the constant phone calls and letters. Any advise would be very much appreciated. My ideal outcome would to have the dept written off but I am a realist and just the [FONT='Verdana','sans-serif']opportunity [/FONT]to dictate to barclaycard how much I want to pay would be a good outcome.
As an aside I have read about barclaycard and missold PPI which I have on my card. What is the situation with this.
You could try sending this, which includes a phonecall harassment bit.
ACCOUNT IN DISPUTE
Dear Sirs,
Account no xxxxxxxxxxxxxx
Re: my request under the Consumer Credit Act 1974
Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.
The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.
My request remains outstanding. The absence of any relevant paperwork confirms that I am not liable for any debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.
I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.
You had until xx/xx.2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.
To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.
The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office
The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation. If you continue to harrass me without complying with my original request your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.
To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.
Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.
Also please note I am of the view that your continued harassment of me by telephone puts you in breach of CPUTR 2008 and also in breach of the Protection from Harassment Act 1997.
If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.
Be advised that any further telephone calls from your company will be recorded.
You should be aware that BC will NOT provide the Agreement in response to your CCA request - they'll only supply a set of T&C's.
Have a read of Link No2 in my signature below about using the CPR route instead. As you're new to the site, you may find it a bit hard-going with the terminology, but it is worth reading now anyway.
Then you'll be better prepared for your next moves.
Also, read other threads here in the BC forum so you get to see what is happening in loads of similar cases.
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 am about to send of the account in dispute letter to Barclaycard. If I can pay the account this month will this weaken my position if it ever did get to court?
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 now received the standard terms and conditions at the time I took the card out (2000) and a copy of the terms and conditions now but nothing else. They advised that this is what is required under the consumer credit act. Is this correct?
I am also in the process of requesting the information under the Civil Procedures Rules, the second letter will be going off next week. Is it worth doing a Subject access request also?
Have you suffered penalty charges on the a/c. If so, you should set about reclaiming them as per Link No1 in my signature.
Send a SAR if you don't have all the nec'y statements for the last 6 years. If you do this, it puts a further obligation on BC to provide your credit agreement under the DPA reg'ns. Not that BC will give a hoot !
But, when they fal to provide the agreement, you can complain to the Info Commissioners Office - hence another angle of attack.
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 now sent of the second CPR letter along with a non-compliance letter on the CCA request and a Subject access request. Hopefully they will see that I can't be fobbed off.
I am know receiving numerous telephone calls to my home and mobile every day. What is the best way to deal with these? Should I just ignore them or answer them and tell them the account is in dispute? Will it make any difference?
The SAR should have been sent as a separate letter with the £10 fee to avoid confusing them and giving them the opportunity to overlook individual aspects of your case. But don't worry if it's already gone off.
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 now had a response from BC on the CCA request, this seems to be a standard letter but not sure how to upload this. Still nothing on the Civil Procedures request or the Subject access request.
Is the 40 days for the SAR working days or calander days?
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.
I have read on various threads that barclaycard need to keep records for 6 years. The copy statments I got only go back to May 2004. The card was opened in 2001 so they should at least provide info back to 2003. Is this correct? I seem to have the standard covering letter everyone else gets stating 'This information we have enclosed relating to this account is all that we hold'.
If they've failed to supply 6 years' of statement complain to the Information Commissioners Office.
Complain to BC as well and tell them what action you're taking - it may propmpt them to have another look and save you some time waiting for ICO intervention.
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.
On a seperate matter I have recently received my agreement and copies of statements on a loan.
I took out the loan in 2002 and have been paying PPI since it started. Prior to October 2008 it states on the copy statements next to PPI N/A. I have an original statement for 2006 that shows me paying PPI but in the copy statement received today it still says N/A. Does this mean they have gone through and changed all my statements up to October 2008 to prevent me claiming mis-sold PPI? What should I do about this? Is this providing false information.
If you have any evidence which shows that they are providing inaccurate or false info, you should complain to the ICO.
Check the statements carefully first, then complian to ICO sending copies of the relevant doc'ts.
If you're sure about this, write to the relevant bank confirming what you are doing and ask if they'd likme to consider a full refund of all PPI and interest at the banks Contactual rate.
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 also received the agreement below on the same account. It is not very readable but I would be grateful if someone can have a look and let me know what they think.
No CCA from Barclaycard
and letters. Any advise would be very much appreciated. My ideal outcome would to have the dept written off but I am a realist and just the [FONT='Verdana','sans-serif']opportunity [/FONT]to dictate to barclaycard how much I want to pay would be a good outcome.
Reply With Quote
