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.
Just being pedantic, but I would always send anything important to the officer of the bank/Company who is tasked with the service of documents.
Remember that Barclaycard is just a trading name for Barclays Bank Plc.
So, send anything important to their Company Secretary at their Registered Office, that way they cannot play games. Please be aware that Barclays will play games over addresses if you happen to send something to one of their many Office/Department addresses...if they think it will help them.
This is the primary address:
The Company Secretary
Barclays Bank plc
1 Churchill Place
London
E14 5HP
Always send via either Special Delivery or Carrier, because you need to be able to prove delivery. Recorded delivery at worst, but that can be unreliable in terms of proving if/when delivery was made.
Please start a second thread when necessary to deal with the Mastercard a/c, ot the 2 cases may get confused. I've changed the title on this thread to show it's for the BC a/c only.
Re your query about your SAR, if the Mastercard is a BC MC and the addresses are the same for both a/c's, send just one SAR and quote both a/c numbers in the heading. Send £10 with your letter.
If the a/c addresses are different or the companies which run each a/c are different, send a separate SAR and £10 fee for each.
I note what BRW says but for the SAR, I'd use the statement address.
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 write with regards to the above account with your organisation.
I respectfully request that you provide me by return a copy of the credit agreement which bears my signature, I require this as I have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.
Obviously if the agreement is improperly executed I would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.
I must stress this request is made pursuant to the Civil Procedure Rules( Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances.
Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.
I do not view this as an unreasonable request given that by supplying the document which i have asked for it will allow me to assess if my case has merit and will help to resolve matters. possibly without the need to involve the court and will undoubtedly save costs on both sides
I make the observation that any sensible filing system would surely be based on name and/or account number, it should therefore be a simple matter to locate and retrieve such a document.
I look forward to your reply and would ask for a response by 4pm 16th June 2009
So lets see them quote CCA 1974 and ....... whatever they try to fob me off with
took the advice and hit the company sec by special delivery
lets see what june brings......?????
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.
"when a person is drowning they will grab on to any life preserver"
My thinking is...Keep the CPR requests going in every month (as i havent made a payment in over 8 months now and see how it goes)
If they REALLY have a valid agreement they will want to produce it to get me paying again (6k owed)
Here's my letter today:-
Thank you for your letter dated XX July 2009.
I am somewhat at a loss as to why you have sent a 3 page letter titled:- “Reference: Section 78 of The Consumer Credit Act 1974”
On two previous occasions I have respectfully requested that you provide me by return a copy of the credit agreement which bears my signature, stressing in my letter that the request is made pursuant to the Civil Procedure Rules(Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances.
Your first reply was nothing more than a copy of your current terms and conditions.
Your second reply was nothing more than edited sections of the consumer credit act 1974.
I find your responses to date very unsatisfactory and obstructive, until such time as you send me a copy of the credit agreement which bears my signature I will:-
1, Deem this account to be in dispute.
2, Send you a monthly reminder of my request and all previous unanswered requests.
3, Reserve the right to make an application to XXXX county court for an order made under the provisions of CPR 31.16 ordering you to disclose the documents which I have requested.
they keep fobbing me off & I keep asking, giving extra chances....how would that look to the Judge when i ask for the sight of my agreement
It's Barclaycard / Mercers / Credit Solutions all in reverse
with me getting them to tip there hand (every request makes it less likely that they have one ) before i ask the court to make them comply
Beck "There are two ways to conquer and enslave a nation. one is by the Sword. The other is by Debt."
Barclaycard PPI Refund £4300
Barclaycard = Mexican Stand Off
If you don't want to take the CPR strategy further at this stage, that's your prerogative, as is your choice to send them a monthly reminder.
I don't think you should assume they have no agreement, or that any agreement held is invalid. All you can safely conclude is that they don't want to disclose any agreement held, either for you or generally.
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.
Beck1968 -v- Barclaycard
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