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.
HI All
I sent my Barclaycard CCA request last week and in my case were very quick as i received response this week.i was surprised as going by other peoples experiences with Barclaycard they normally have to wait several weeks to a few months! So i am honoured!However all they sent me was a bundle of ts and cs some of the pages are identical! Barclaycard has sent me two copies of some of the ts and cs.They say these were the terms which were applicable when i took my card out!There is nothing signed.So their usual latest trick of just sending ts and cs and no original signed document!
The it's the Account in Dispute letter for them - silly Barclaycard!
Hi Pinky!yes looks like i will be busy with trips to the post office again!sending out letters to Barclaycard this time and seeing if i can get an apointment to view their alleged agreement at their offices!
They have also so far ignored my telephone harrasement letter and still keep getting their silly robot to leave messages on our answer machine and i am still getting calls at work!
Get someone at work - your manager/ human resources - to inform them the next time they call that this is a place of business and personal calls are not accepted, with a warning that any further calls asking for employees will be regarded as nuisance calls affecting the business and will be reported to the police and the OFT. On your private line, I use the BT Choose to Refuse service. You just get their number when they call (if you have a display) and use a pin to put it into the refuse system then that number is blocked next time they call. You can block up to 10 numbers at a time. As it is computers that dial in the first instance, it nips DCAs calling in the bud immediately.
Hi Pinky
Thanks for advice! I ought to look at that BT choose to refuse service! as it is very annoying for my poor OH having these people call all the time and he also gets some DCA calls for his card as well.At least by getting an answer phone last week our lives have now been made a bit more bearable that we can now screen calls and people we want to communicate with can now get in touch with us when they reveal who they are on answer phone,If BC persist in work phonecalls i will do the same as what i did to get other banks my back and get my boss to write them a warning letter which seemed to do the trick at least in that i stopped getting harrasement at work.I am wondering when i send account in dispute letter to them to also mention that they seem to be ignoring my telephone harrasement letter and that they must remove my work number from their system and confirm it or i will report them?
Hi Pinky!
I tried to give you a rep point but apparently i have to spread some more reputation to other people before i can click on your scales! Thanks again for your help and support on my threads!
the t and c that you recieved is what everyone is recieving from barclaycard. i have yet to see a signed one from them yet. it might be an idea to send a cpr
Hi tosh!
Yes ive heard that you can use this cpr 31.16 thing and they have to send a copy of original signed agreement which they intend to use in any possible future court case in the exact form when it was signed.and i see some people are trying this now and i am looking at results with grear interest.I have found that a lot of the times the bank ignores request or fobs people off with feeble excuses saying they have not got good enough reasons to cpr them!Which to me speaks volumes that they have not got one! It sounds a brilliant way of trying to flush them out however there is always the danger that they might produce an enforceable one!and if they do you can get hit with charges!Barclaycard ive heard are being very strange lately and dont even send out signed original copies even in situations where they clearly very likely to have them!someone sent out a CCA request to a 2007 agreement out of interest knowing that in that year banks were comeing up with enforceable agreements as they were begginning to realise the imprtance of having proprely executed agrements! but even in that case the person was just presented with unsigned ts and cs.It is like BC is using this tactic of sending out just these unsigned ts and cs to everyone whether they have a signed agreement or not!i suppose they do this so no one now can be hundred percent sure whether BC hold a valid agreement or not!hopeing to cause more uncertaintity amongst their victims! |I suppose when you think a bout it it is quite a crafty tactic of BC to do this.
A CPR is irrelevant unles you're being faced with court action. At the moment, it's in your interests for them not to comply.... so why on earth would you want them to search the bowels of the building for your CCA ?
If you do decide that you want all data.... then the SAR is what you need and it costs £10. As it stands however, you've already made one legal request (CCA).... so my advice would be to let them get on with it.
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A CPR is irrelevant unles you're being faced with court action. At the moment, it's in your interests for them not to comply.... so why on earth would you want them to search the bowels of the building for your CCA ?
If you do decide that you want all data.... then the SAR is what you need and it costs £10. As it stands however, you've already made one legal request (CCA).... so my advice would be to let them get on with it.
Thanks for advice! priority one! Yes i think ive done enought asking for a CCA request at moment! as it is very early in game with Barclaycard!
Ive had the same rubbish from barclaycard hit em with this
Dear Sirs,
Account no
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 fulfill 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. An unsigned credit agreement with no personal details on it, like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. A blank agreement neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.[/font]
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 ??/??.2009 (12+2 working days after the request was made) 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.
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 information industry.[/font]
I expect you to write to me confirming that the account has been closed and no further action will be taken.
I look forward to your reply.
Yours faithfully
Halifax Bank Charges.....won full refund ........v's Clarity invalid CCA....returned to oc
.........v's Hillesden.......gone away unenforceable cca daf/yescar credit missold ppi
.........v's Cabot....8-) ....gone away unenforceable cca
.........v's Barclaycard....won full refund plusinterest
...........vs littlewoods....gone away no cca
moorcroft vs debt4get........gone away unenforceable cca lowells cap1 v debt4get...account closed returned to oc unenforceable cca
.......v's unreliable collections...full and final settlement of 10 pound on 120 pound alleged debt
I note that those T&Cs say 'reprinted 01/03', and the (possibly newly added) cover refers to this being an agreement under the CCA 1974. Have they just reworked the T&Cs to fit the crime? When was the card taken out?
Barclaycard Response To My CCA Request!
Reply With Quote
Originally Posted by Pinky69
sending out letters to Barclaycard this time and seeing if i can get an apointment to view their alleged agreement at their offices!
Barclaycard ive heard are being very strange lately and dont even send out signed original copies even in situations where they clearly very likely to have them!someone sent out a CCA request to a 2007 agreement out of interest knowing that in that year banks were comeing up with enforceable agreements as they were begginning to realise the imprtance of having proprely executed agrements! but even in that case the person was just presented with unsigned ts and cs.It is like BC is using this tactic of sending out just these unsigned ts and cs to everyone whether they have a signed agreement or not!i suppose they do this so no one now can be hundred percent sure whether BC hold a valid agreement or not!hopeing to cause more uncertaintity amongst their victims! |I suppose when you think a bout it it is quite a crafty tactic of BC to do this.
