Thread: Barclaycard CCA vs helpingfriend

In June I sent a CCA request to Barclaycard. They responded with just the usual terms and conditions that I can see others here have received.

I sent them a letter stating terms & conditions don't fulfill their obligations and their letter today states that they have fulfilled their obligations and are under no legal obligation to supply further documentation.

Last week I spoke to the fos who have sent me the forms to complain and said they could look into the lack of agreement and make a decision. Although from reading here I'm not holding my breath that they will do much.

I need some help with my next step. I would be happy to make a Full and final offer to settle this.

So, do I make the offer now, wait until the FOS look into the complaint, go down the crp route or for now send the letter in this thread?

http://www.consumeractiongroup.co.uk...ml#post2364416

Thank you

Originally Posted by slick132

Have you looked into reclaiming any penalty charges and/or PPI for the a/c.

There is no PPI for this account and very unlikely there is penalty charges.


I’ve been reading a lot on here and an update of what I’ve done so far.


Sent account in dispute due to failing to supply copy of agreement

At end of July, they finally sent terms & conditions, which replied to saying not a “true copy” of the agreement

A number of letters sent re-iterating the above


In August, I contacted my MP for help who contacted the Directors Office and they replied by offering lower repayments. Replied to say nothing about financial difficulties, I’m waiting for a “true copy” of the agreement

Then in Nov they finally sent me a copy of my application form. Replied saying only an application form and still require “true copy” of the agreement

In the meantime they defaulted me on this account.


In Sep I also sent a SAR to see what information they held as I also have an old loan from Barclays. Its past 40 days now and all they have sent is some bank account statements. I sent them a letter 2 weeks ago reminding them of the info that is missing from the SAR.

I’ve now received a letter stating that the agreement is entirely enforceable and should I take further action they reserve rights to seek costs from me.

Now, I’m not sure what to do next.

Do I pursue the SAR non compliance and if they don’t supply an enforceable agreement, can I get the default removed?

I’ve read a number of threads where its mentioned to claim back interest on the account given that there is no enforceable agreement. This could be enough to cover the amount outstanding?

Take it up with the fos?

I’d really like some help with the next step.

Originally Posted by slick132

Hi HF,

Since my last post, there has been success for some CAGgers who have been sent their credit agreements after complaining to the fos. See here for a template letter, if you want to see if they have something other than the Application Form - http://www.consumeractiongroup.co.uk...231901-tony3x-

Can you post up a copy of the form for us to see, after hiding your personal data.

See items 18,19 and 20 in the Bank templates library, about SAR non-compliance.

Thanks

Here’s a copy of the form with all personal information removed:




I think I’ll complain to the FOS anyway. Do I just include an outline of the situation or do I need to include other paperwork to back up what I’m saying. i.e. previous cases or case law?

Looking at the template letters for non-compliance, I want to be sure that I will take it all the way before I send the letter before action. So, would non-compliance be the route to get this sorted and possibly the default removed?