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Ive asked for your thread to be moved the barclaycard forum, you will get the help you need in there. This is the playground where all nutters hang out
If all else fails, kick them where it hurts and SOD'EM
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I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.
How long do creditcard companies have to reply to a request for a copy of the credit agreement under s78 cca1978 ?
It's 12 Working Days.
But allow 12+2 to cover Postage back to you. Their clock starts ticking from the Working Day after they receive your Statutory Request, i.e. don't include the day of delivery.
With all of the UK Public holidays we've had recently, do make sure you have not counted them.
If you have not already sent your s78(1) Request, make sure it goes via Special Delivery as you will need to prove when they signed for it. Recorded Delivery is pretty unreliable for that purpose, so pay a little extra and go for Special Delivery.
Don't forget the £1 fee, and pay that via, preferably, a Postal Order that you do not sign. Don't sign the s78(1) Letter either, just print your name. Keep the receipt when you bought the Postal Order.
If you have a Scanner, then Scan the Postal Order as well, just to give you a little extra back-up to show that you did send one.
Also, have a look at the CPR strategy thread at Link No2 in my signature below. It's a big thread but you really only need to read the first few posts on the first page for now.
You'll also learn loads by reading other threads here in the BC forum.
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.
Trying to get sight of your credit agreement from BC using a CCA request is a waste of time and paper.
Agreed...but I'd still say send a s78(1), because when Barclays fail to respond to that, they are then constrained via s78(6) from taking any enforcement action. That is still a very good issue to have on record from an early stage in the battle.
But, after that, I fully agree, press on to try and add further proof they don't have it via SAR and then via CPR 31.16.
Just wanting to stress that s78(1) does have a role to play, even if Barclays will ignore it. That's Barclays problem!
The problem is that BC will say they've complied with their obligations under s78(1) by sending the T&C's bumph. They will then contend they are free to continue to collection activity.
In reality, BC will continue collection attempts regardless.
But users may decide to send the CCA request as a first step. It'll do no harm and starts the paper trail off nicely.
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 do fully agree, my only reason for saying that people should always start with a s78(1) Request is to tick that box on the long road to Court and/or a solution.
Barclays will mess around, and will convince themselves they have complied. But I do think in time this nonsense will be shown up for what it is. If they blow one key aspect of the s78(1) Request, then they will fall down at s78(6).
Next step is SAR, to see what comes back from that.
Next step then is CPR 31.16 if before a Claim has been made, or CPR 31.14 if proceedings have started.
Then N244 if that stage has been reached and still no sign of an Agreement.
When in Court, the Consumer should then have the full set, i.e. to show they have tried every available avenue to get to the point with Barclays.
If nothing else, by following every step, I think this can all be used to argue a significant reduction in Costs should the bank win. IOW, it makes it clear that the bank was not being reasonable, and so should not reap any Cost benefits even if they do win.
If OTOH they lose, the same careful steps can show the bank was indeed unreasonable, and healthy Costs should go to the Consumer (assuming Costs are available).
Hi everyone
i sent 2 cca 1978 to barclaycard which arrived at the offices on 7th april
1) for a barclaycard that has always been a barclay card
for this i have only recieved back a copy of t&c
2) for a goldfish card which is now a barclaycard goldfish card
for this one i have still not had any reply
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.
barclay card
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Originally Posted by **Tilly**
