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.
Sent request for CCA originally - still no signed agreement sent, have sent 2nd and 3rd letter stating "a very clear dispute and as such etc." giving 14 days to respond, the letter below arrived on Saturday - any advice as to what the next move is please?
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.
Hi Slick 132 - thanks for your reply, yes they enclosed a leaflet of terms and conditions and telling me to view the website for further information - I sent a letter stating that this was not my signed credit agreement, they responded by sending a Printed (typed) Barclaycard Conditions Credit Agreement, under the heading is a typed sentence stating that this is an agreement with us (Barclays) and my name and address, I think this is a cancellation form as there is a box to complete if I wish to cancel the agreement. - There is nothing with my signature on. I sent a letter stating that the account is in dispute as the information sent does not fulfill my request. Their response was the previous item.
If you've suffered penalty charges on the a/c, you should reclaim them, in full, now. If you need statements from BC for the last 6 years, send them a SAR
You could complain to the fos that BC have failed to respond with your credit agreement and are evading their responsibilities under CCA 1974.
Or read up on the CPR strategy - see Link No 2 in my signature below.
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.
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.
If I read this one correctly, you have sent a CCA request and BC have not provided an agreement, just terms and conditions.
Please confirm.
Vint
This is what they sent when I originally requested the CCA agreement - typed details with my name at the top (blanked out) etc, I wrote back etc, and there was no other documentation in the SAR other than mentined in previous thread, any views?
This is what they sent when I originally requested the CCA agreement - typed details with my name at the top (blanked out) etc, I wrote back etc, and there was no other documentation in the SAR other than mentined in previous thread, any views?
This would be better dealt with on the open forum (obviously with name, address and amounts hidden) for 2 reasons. Other users can see any suggested letter which:-
1. Can be checked and, if necessary, corrected or discussed.
2. Can benefit all site users who may need similar guidance.
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.
Here is the template letter response that I am to send.
Letter below for Barclays.
ACCOUNT IN SERIOUS DISPUTE
xxxxxxxxxxxxx 2009.
Dear xxxxxxx,
Re account no xxxxxxxxxxxxxxxxxxxxxxx
I am in receipt of your letter date xxxxxxxxxxxxxx and note its contents.
I note, that xxxxxxxx are still in breach of supplying the documentation that I have previously requested under s78 of the Consumer Credit Act 1974, in that xxxxxx have yet to supply a legible executed agreement. To date, all that you have supplied under this request, is a copy of the alleged terms and conditions. As you are aware, just supplying terms and conditions, does not satisfy the criteria laid down for an agreement.
In relation to what constitutes a true copy, please read the details below. In a recent letter from the enforcement department of the OFT, the text below was quoted, explaining what is required.
“The copy of the executed agreement need not be an exact copy but it must be a ‘true copy’ and not some reconstruction of what the original might have been and it must contain the same terms as the original. Where the terms have been varied as provided for within the agreement, the copy of the original agreement must be accompanied by a document setting out the current terms, as varied. Certain details may be omitted from the original agreement eg the signature but the debtor must be in no doubt as to the true nature of his obligations under the loan.
Should no original agreement be in existence it is very hard to say that the copy the creditor offers to the debtor is, in fact, a true copy as there would be no original with which to compare it. In our view the onus of proof would be on the creditor to show that the copy is a true one and where none existed he may have difficulty discharging this. Neither should creditors suggest that a consumer has signed a credit agreement where they are unable to provide evidence to support this — to do so is likely to be a misleading action under Regulation 5 of the Consumer Protection From Unfair Trading Regulations 2008 (the CPRs) and would also constitute an unfair or improper business practice.”
The relevant main points of the Law and OFT regulations while the account is in dispute and Barclaycard remain in default.
Barclays may not ask for payment against this account.
I am not obliged to offer any payment against this account.
Barclays cannot register any data with a third party.
Barclays cannot take any enforcement action, including registering Defaults.
Barclays cannot pass the account on to a third party for collection.
Barclays cannot sell the account.
I am now granting to you a further 7 days to produce a true copy of any executableagreement.After that I will consider that the above matter is closed and that you will no longer pursue the alleged debt.If you are insisting that the non enforceable reconstructed Application form with added terms and conditions that you have supplied, is the only alleged agreement in your possession, then I would suggest that the best course of action would be to immediately set the balance of the above account number to zero.
You must also consider this letter as notice under s10 of the Data Protection Act, to cease processing my data. All entries which refer to missed payments be removed from my credit file All collection activities cease with immediate effect until you comply with my request from xxxxxxxxx or such time as a court makes an enforcement order.
This would be better dealt with on the open forum (obviously with name, address and amounts hidden) for 2 reasons. Other users can see any suggested letter which:-
1. Can be checked and, if necessary, corrected or discussed.
2. Can benefit all site users who may need similar guidance.
Hi Slick,
I have no problem with that, if LB is in agreement.
Barclaycard CCA - advice on next move please
Reply With Quote
Originally Posted by LB145
