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, this has been a tiresome and laborious task.
I naively thought that once the letter was sent, I would receive the cca. I requested my cca in january for my normal barclaycard. I owe approx 2.5k and had wanted to check its validity.
I was sent a copy of the current terms and conditions, so I then wrote a letter which I saw various people here send to barclaycard and sent it to the address given by barclaycard in northampton at the beginning of feb. This detailed the card number, and allowed for 12 days for them to send me my cca. I even added I want my original agreement, not a copy of the terms and conditions.
I waited and waited, called india 100 times, and then resorted to calling Barclays business- as this was the only number i had for them in the uk. They said it would be resolved, put me through to india, and again sent me a copy of my ts+cs.
Finally after 2 months I received a letter from barclaycard on april 1st. It had the headline "reference:section 78 of the consumer credit act 1974".
It was identical the letter noomil and a few others received, stating that it included:
a copy of your original barclaycard agreement at the time you opened your account, my current limit, current balance, the next minimum payment, and that "a copy of your current barclaycard credit agreement will be sent under separate cover"
It then said:
"The information we must provide to you under the terms of section 78 is prescribed by the consumer credit act 1974 and by the consumer credit (cancellation notices and copies of documents) regulations 1983.
You will be receiving your next statement shortly, which will provide you with full details of your account.
This completes our obligation to you under section 78 of the consumer credit act 1974".
Included was indeed a copy of the may 1995 barclaycard t/c.
What do I do to get my real document.
The account is on hold, they have refunded all my charges, and I am not being charged interest at the moment.
I don't want to go to court, is that what it boils down to?
Next step is a Subject access request to find out all of the information they hold on you... send it to Barclays marked for the attention of the Data Protection Compliance Officer and stop phoning... it will only drive you mad!
Basically the SAR should get you everything they hold on you
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.
Sorry to use your letter, but my scanner is on the blink. It is funny as all the letters I have received are also the same as samcams. I haven't yet requested a SAR, is that definitely the next step? I wrote my first letter at the beginning of feb, and have received various t+c and fob offs, the latest being the above mentioned letter received today.
Do the SAR letter next and dont forget to put the £10 PO in with it. Don't use your usual signature on the letter, type it, print it, initials etc., if you use your normal signature put crosses or lines through it (digital enhancement and all that.) You should get everything from them with that request, I know, you don't always, I didn't but they do mess up and it can all be in your favour.
DG
I have no legal training my knowledge comes from my personal life experiences
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The SAR should, in theory, produce the credit agreement - but it won't.
You would otherwise only need to SAR them if you've suffered any penalty charges since they last refunded AND you don't have statements detailing the charges.
If you want to get sight of the agreement, read up on the CPR startegy at Link No2 in my signature.
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.
As indebt asked, how did you manage to get them to put your account on hold and stop interest and charges?
BC are one of the tougher ones and one of the few I have who refuse to act outside of getting the payment made via a debt charity (so effectively a dmp)
subbing with interest, getting the T&C's nonsense here as well!