Thread: LG29 -v- Barclaycard

Hi LG,

I've set this thread up to keep your BC a/c separate from the bank a/c's. So use this JUST for the BC a/c.

Be aware that BC will only send back a set of T&C's in response to your CCA request.

Read Link No2 in my signature below about using the CPR route as an alternative strategy to get sight of any Credit Agreement.

If you've had any penalty charges on this a/c, BC will repay them readily. Read the Reclaiming Guide at Link No1 in my sig're.

If you don't have your last 6 year's state's, send off a SAR.

If you do have the state's, fill in a Site spreadsheet and send to BC with this letter - http://www.consumeractiongroup.co.uk...RD-letter.html

Hi slick
I sent off cca request in Jan, SAR request 2 weeks ago, have heard nothing, in total we have 5 cards with barclaycard, not sure how we got so many but have had them all well over 15 years except 1 that was changed last year from morgan stanley. I very much doubt if they have any of the orginal paperwork on these. so if i do hear from them they would only send t&c, would i then wait till they pass debt over to a DCA, and then send them a cca request.

thanks for your help

have just read about CPR 31, it seems so complicated if i did that it would assume i would take it to court, if they havent got any agreements anyway what would be the benefit ,could they still sell the debt on, and if so I would still have to deal with a DCA. I'm confussed.

Hi LG,

The CPR route looks complicated but amounts really to 2 letters. However, if you start it, you have to be prepared to take the matter on to court.

The CCA requests will produce only T&C's but this doesn't mean BC have no agreements. If BC pass the debt on to Mercers, there's no point in CCA'ing them as they would refer it back to BC anyway.

There are several letters you can send BC and Mercers saying the a/c is in dispute and why, but both BC and M's will largely ignore your contentions and carrying on demanding. Mercers are BC in-house DCA and, if they fail to collect, the debt may be passed on to others.

Another way to deal with this is wait till the reply comes back from the SAR. Even though you asked for the Credit Agreement for each a/c, you'll not receive it. You can then complain to the Information Commissioners Office and ask them to make BC supply the Agreement.

Or you can file at court seeking an order for the doc'ts to be produced - this is different to the CPR route. See here:-

Data Protection Act - Non-Compliance - Template Letters
http://www.consumeractiongroup.c o.uk...n-act-non.html
Data Protection Act Non-Compliance - Particulars of claim
http://www.consumeractiongroup.co.uk...n-act-non.html

Basically there are 3 options but using the ICO is the only one that doesn't involve court proceedings. However, it will take months to see if you get a result.

If you reclaim penalty charges on the a/c's, will that help to bring the a/c's down to a manageable amount.

Go through what they've sent to identify all penalty charges, ie late pay't fees, over-limit fees.

Enter these on a site spreadsheet and send off with this reclaim letter - http://www.consumerforums.com/resour...-bookworm.html