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Hi - All new to me so please bare with me..... Sent a CCA request to B/C with £1 on the 21/05. Today I have recieved a copy of the Barclaycard conditions dated July 2002 (which is when i took the card). I must stress that no were do I see my signature on this document its a mere photocopy. Alongside this was was a letter -
Dear *******
Ref - Sect 78 of the CCA 1974
I write further to your letter and the enclosed £1 fee requesting a copy of your exuctuted agreement for your account.
The informtion we must provide to you under the terms of section 78 is prescribed by the CCA 1974 and by the Consumer Credit regulations 1983.
Under section 78 we must supply you with a copy of your executed agreement and a statement of account which is practicable to refer.
Please find enclosed a copy of your latest executed agreement. This is a statement of the termsof your agreemtn with us and incorporates any variations to the terms made since you entered into the agreement. However the interest rates have been amitted and the fees and charges have been suspended and no longer applicable due to the current status of your account.
As your account is no in a recovery programme, further information relating to your account state can be obtained from your recovery team or debt management agency.
This completes our obligation to you under section 78 of the CCA 1974.
Regards
**
In my CCA request i asked for a signed copy of my agreement, a full statement of the account neither have been provided. My account is still with B/C as they keep mithering on the phone some days 3 or 4 times. Never an English speaking person, some ill spoken indian who dont seem to understand English law.
Can someone tell me were I stand, I have been paying an agreed £95 but this month I have withheld this payment on moral ground.
I've moved one of your posts into your own thread which you can use to discuss your case. The other copies which you posted have been taken off the other threads to avoid hijacking. Please don't do multiple posts as we have to tidy them up. Thanks.
If you read other threads here in the BC forum, you'll see the trouble all users are having getting sight of their credit agreement.
You have several options to pursue:-
1. Complain to the fos that BC have failed to comply.
2. Send an SAR and, when BC fail to produce the agreement, complain to the Info, Commissioners Office.
3. Use the CPR strategy - read up on this at Link No2 in my signature below.
If you've suffered any penalty charges on the a/c, these can reclaimed in full from BC. If you need your statements to see how much you've been charged over the last 6 years, send a SAR. This will tie in with option 2 above.
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.
1. Complain to the fos that BC have failed to comply.
2. Send an Subject access request and, when BC fail to produce the agreement, complain to the Info, Commissioners Office.
yes follow the guidelines slick has posted then let us know what you have done firstly do not worry too much beacause at this moment you are now in control,secondly do not respond to any phone calls they may wish to make to discuss the matters in question all comunications should now be in writing only if they fail to adhere to your request of all communication in writing the a letter of harrassment shall be your next stage so once you have sent your subject to access just sit tight ok
you will find the beginners guide at bottom of my quote here ok and remember all letters must be sent registered post and if you can afford it make sure any calls from this lot is recorded
good luck you are not alone and we will all help ok
patrickq1
Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional
gn2451 -v- Barclaycard
on this document its a mere photocopy. Alongside this was was a letter -
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Re: Barclaycard ignoring CCA request
