Thread: Barclaycard CCA received

Hi,
I recently received the following CCA from Barclaycard. It's not signed, as you can see.
Is this enforceable? If not, how do I respond?
Many thanks for any input! Very much appreciated! In the following posts are page 2 and the accompanying letter x

Here's page 2 of the CCA received. Thanks x

And here's the letter accompanying the CCA.

Also, I haven't been able to meet recent monthly payments to this account. I didn't write to them re my financial circumstances earlier as I didn't want to confuse the issue of the CCA, but now I realise that not paying my monthly amount would look bad for me if this goes to court! So should I send them my response to the CCA with a personal budget sheet and offer of a £1/mth token payment (the most I can afford at present)?

Many thanks for any help x

Originally Posted by the_shadow

Hi Jacky,

Barclays wont send out anything different to a s78 request and they dont normally include the agreements in a SAR either.

If you are having difficulties paying minimum then yes you need to advise them you will be making token payments and send recorded delivery, if you want to include a Breakdown of I&E thats up to you but I would suspect they will take it more favorably if they can see you are unable to make any extra payment. They did for me.

To get the agreement, either complain to the fos about the response you have had and set out how you have attempted to get the agreement or start with the CPR method. Link here... this will involve court though.

S.

Just my opinions as ever.

Many thanks for your advice here Shadow! Much appreciated.

I think the main thing right now is for me to sort out the situation re the missed payments (on all my cards). I'm considering talking to one of these free advisory boards for debt recovery for backing re the token payment letters (as I've heard that some of the credit card companies can be awkward!) and also to check whether I can get any benefits.

Have you dealt with any of these advisory people? There seem to be a few around (e.g. national debtline, citizen's advice bureau, and Payplan).

Once I've sorted out this immediate situation then I can think how to proceed with the agreements requests. Not sure what the best idea there is yet, as I'm new to all this!

Thanks x

Originally Posted by slick132

Hi Jacky,

If you've had any penalty charges on the a/c in the last 6 years, you can reclaim these, which would help reduce the debt.

Read the Reclaiming Guide at Link No1 in my signature below.

Thanks Slick, I haven't got round to checking for charges but I think they've always been low, £12 each. Isn't that the reasonable charge now? I can't remember. I did the reclaiming charges thing with my Lloyds credit card a while back now (possibly nearly 2 years ago) and that worked.

Thanks x

Originally Posted by the_shadow

TBH I havent and the feedback on this board is quite mixed...

Be aware that no matter which route you go down (doing it yourself or via a.nother) they will most likely default you and affect your credit rating.

Thanks so much again, Shadow. Your advice was extremely useful, though not what I wanted to hear LOL!

I've been umming and ahhing about what to do, and in the end decided to just send out the token payment request letters myself for now and see what happens next. At least then I've done something rather than just sat here waiting for the situation to get worse while I try and decide what's best!

I sent a token payment request letter to HSBC re an unauthorised overdraft I have there and they keep refusing to accept it. So I keep writing back saying how disappointed I am that they won't accept the payment request (but I've sent the payment online, so it's in my account there). Seems rather daft! I wonder how long this will go on. Could be heading for a default notice there too maybe?

Re them defaulting me and it affecting my credit rating, well I think my credit rating is shot to hell anyway Re defaulting me, I've just been defaulted by Nationwide, so I'm starting to learn what that's all about. Does this basically mean court action? I've not had this happen before, so don't know what to expect.

Thanks again x

Originally Posted by the_shadow

I wont lie... eventually it could do... but it depends on the veracity of whoever takes over the debt should they sell it. If they havent produced a CCA in response to a s78 request then that is an absolute defence. Unfortunately there is some debate on whether the t&c they send out as an agreement meets the s78 required response

Initially this will prob go to Mercers who if they are true to form will default you (probably incorrectly ) and chase you by phone (a lot) and post.

The guys and galls on this board will help in whatever way they can but its your decisions that count.


S.

Thanks Shadow, again Sounds rather scary but I do appreciate your honesty. No good pretending lol.

Barclaycard did send me an unsigned CCA. I can't decide what to do next on that though, and feel the most important thing to do is to sort out the problem of the missed payments at the moment. Unless I ought to be pursuing both angles at the moment - CCA and getting them to accept my token payments.

Would it actually help me in any way to do both at the same time? Or will it make no difference? It's just if this is going to end up in court because I can't meet the payments, then maybe it ought to also end up in court because I don't agree with their CCA? Or would it be frowned upon by the court because I'm then clearly trying to wipe my debt with Barclaycard because I don't have any money - so could end badly for me.

Re defaulting me incorrectly - Mercers... how would that be incorrect? I've had a default notice from Nationwide credit company, so would like to compare situations.

Oh yes... I'm very used to being chased by all these credit card companies at the moment, by phone and post! There's one - I think possibly Natwest that will phone about 10 times in one day!! And Barclaycard are constantly texting me - it's all because of missed payments so I guess they are in the right until they receive my token payment request letters.

The phonecalls are very annoying because they call and go through to my answerphone if I don't catch them first... then of course I have to pay to pick up my messages. I can't ditch my voicemail because I need it on for work. So I try to catch them calling and click 'On/receive call' and then hang up before they start talking LOL! They can't leave a message then and I don't have to talk them Doesn't work when I don't catch them tho - which is a lot!

Anyway, thanks again! x

Originally Posted by the_shadow

Just because the OFT set the bar @ £12 they still would have to show that it costs them £12 each charge.

I would include ALL charges £25,20,12 etc and hit them with it. If you want to include this little passage in any rebuttle you receive to the original....... I got this off another thread but can never remember who posted it (sorry original author)



S.

Ooooo now that's very interesting! Thanks so much for this info. I just assumed any £12 fines had to be accepted! This opens up a whole new door...

But ... should I do all this at once? the token payment request, CCA battle and bank charges? If it went to court wouldn't I just look bad for being a trouble maker and for trying to get money back because I obviously don't have money for my bills - which a number of people think is immoral? I don't want to shoot myself in the foot by taking action in all directions at once, unless that's not the case of course...

Originally Posted by the_shadow

At the end of the day they cant get blood out of a stone and if you can only afford £1 at present then £1 is all you can afford.

Exactly - and surely they must realise this, though I guess they have to try it on!!

Originally Posted by the_shadow

You havent said but if you are on benefits and have no equity in property its unlikely a DCA will proceed to court. If you have property then its likely they will chase you

Well, I don't have property - for which I'm very grateful now! My boyfriend owns the house we live in, but they don't have rights there do they? I pay him rent, so he can pay the mortgage and bills. The only thing I own of any real worth is my car (only worth about £600 max anyway).

I'm not on benefits, but I'm trying to find out if I could be given the change in circumstances. But as my boyfriend works more than 20hrs a week then I couldn't get income support (which is outrageous in my opinion! As it's his money, not mine!). But we *might* be able to get workers tax credit, but not sure, and you know how long these things take to organise...
Where does this leave me do you think? I seem to be somewhere in betwee - no house owned, but not on benefits.

Originally Posted by the_shadow

How old is the barclaycard roughly?.. you can ignore the "cca" they sent you, its a mock up but probably meets the s78 required response.

That's frustrating isn't it Hmm I'm not sure when I started the barclaycard - maybe 3 years ago? I think.

Thanks x

Originally Posted by the_shadow

I cant see anything wrong with reclaiming charges + interest and advising you can only make token payments.... as to the CCA (not sure you would want to go down the CPR route which may involve court) you could try a complaint to fos which wouldn't jeopardize the reclaim or token payments request in my opinion.

This seems like sensible advice. I'll look further into the FOS too.

Originally Posted by the_shadow

ALSO please bear in mind this is a long way from court yet so in my opinion concentrate on the reclaim and the reduced payment letters now rather than what COULD happen in the future

Lol I guess I have got caught up on the worry of court. I guess it's because I've got one credit card situation progressing fast (Nationwide) and that's leaving me thinking about consequences and my actions now across the board, and how it all might look later.

Thanks again x

Originally Posted by the_shadow

Debts are personal, he has no liability for your debts ALTHOUGH! and this is important to point out... if you have a joint account then its POSSIBLE that your defaults may affect his credit record.

Lol me and my boyfriend just discussed this... we're now equally grateful for his forward thinking and refusing to have a joint account with me (despite his mum's insistance) LOL!!

Originally Posted by the_shadow

If only 3 years ago you have to assume a) they have the agreement and b) its probably enforceable.

Damn...! But again, your honesty is appreciated!
x