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I spoke with a (UK) person from Barclaycard over the weekend (sunday evening actually, don't these people ever sleep) who told me that BC send out only T&Cs in response to a CCA s78(1) request because this is the advice given them by the fos.
Has anyone else had this?
I challenged them to prove it and she said that BC would write to me. I have also written to the FOS seeking clarification from them - still waiting for replies from both.
Anyone had similar info or anything else to add.
I sent CCA requests to BC (visa) and BC (MC) - ex MS account - in March and now have 4 sets of T&Cs. In one response I was sent the T&Cs and a statement etc with a note that the CCA would follow (this is the old MS account) but the next letter contained more (different) T&Cs.
The fos may have provided this info, but then again the FOS looks after the banks interests as well as the consumer.
Trading Standards are the keepers of the CCA1974 but they are usually limp and not keen to get involved in anything that means making a decision in my humble experience... however, they have provided to a CAGGER a letter stating what they feel meets the requirements of the S77/S78 requests and I'd take that statement over something the FOS say anyday.
IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.
The fos may have provided this info, but then again the FOS looks after the banks interests as well as the consumer.
Trading Standards are the keepers of the CCA1974 but they are usually limp and not keen to get involved in anything that means making a decision in my humble experience... however, they have provided to a CAGGER a letter stating what they feel meets the requirements of the S77/S78 requests and I'd take that statement over something the FOS say anyday.
S.
Hi Shadow,
I agree with you on that.
Personally, I suspect it is BS put about by BC to try and throw the uninformed off track. Neither the FOS or TS have the power to vary the law and the law states a true copy of the executed agreement, with all the relevant definitions and regulations given due account.
At the end of the day, s61 states that the executed agreement must be signed by the debtor and no-one ever signs T&Cs when they are a referred document.
I'm sure you know all this but I wanted to dismantle another fairy story put about by the CCCs, on a public forum so anyone else, presented with the same arguement would not be put out of step by it.
Appreciate your views and thanks, Having read extensively on this and other sites, I don't get a good feeling about any of the so called regulators but i doubt that the FOS would have nailed their colours to a statement so flagrantly at odds with legislation and established case law.
I spoke with a (UK) person from Barclaycard over the weekend (sunday evening actually, don't these people ever sleep) who told me that BC send out only T&Cs in response to a CCA s78(1) request because this is the advice given them by the fos.
Has anyone else had this?
I challenged them to prove it and she said that BC would write to me. I have also written to the FOS seeking clarification from them - still waiting for replies from both.
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.
Will see what, if anything, I get back from my original email to the today but its encouraging that they do get results sometimes, and not just for the financial institutions.
As for BC, I'm an eternal optimist, I'm sure they will write (they had better be reading this). If they don't, I will get really p***** off. They called me 5 times in 8 minutes, they're gonna pay for that one way or another - almost got RSI from putting beer down, answer phone, pick beer up, put beer down............
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 understand Barclaysharks havent supplied a SAR response yet...
If the 40 days have been breached then get a complaint into the ICO NOW as they take a couple of weeks to crank up their own letter writing process and chase Barclaysharks
ICO complaint link here. If you complain by email it might speed the response up.
IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.
I understand Barclaysharks havent supplied a SAR response yet...
If the 40 days have been breached then get a complaint into the ICO NOW as they take a couple of weeks to crank up their own letter writing process and chase Barclaysharks
ICO complaint link here. If you complain by email it might speed the response up.
S.
Cheers Shadow,
They will not be delinquent on this request until the 28th June 09 so still time for them.
I will put your advice (good, as always) on one side for now and wait for a response or the relevant date to come around.
They have sent me a letter - it looks like a generic mailer, but I haven't seen one similar on this site so far - which I will scan and post for critique.
Perhaps we could have a competition to see how many errors anyone can pick out of it - personal circumstances notwithstanding, naturally.
Its good for a smile if nothing else. When are they going to recognise that we can read the laws and regs too and stop treating us like idiots .
Barclaycard send T&Cs on advice from FOS
) who told me that BC send out only T&Cs in response to a CCA s78(1) request because this is the advice given them by the fos
.
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Originally Posted by the_shadow
). If they don't, I will get really p***** off. They called me 5 times in 8 minutes, they're gonna pay for that one way or another - almost got RSI from putting beer down, answer phone, pick beer up, put beer down............
.