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.
I was wondering if anyone else had any thoughts on this; I have already started, using a CP31.16 on Barclays to get my orginial Credit Agreement (Which was a former Morgan Stanley). As they are dragging their feet I decided to sent them a SAR as well.
I had a response from them including two accounts, one old closed account and the current account that was the former MS. My issue is that they have only sent copies of the statements, no Credit Agreement or any digital phone logs etc...
Now, they stated on the letter that this is all they hold?????
(See Attached)
Do you think this is enough to use as amunition to stop paying and remove the account from my Credit File. Account is currently being paid and is not with a DCA, but if I stop paying I expect barclays to hand it off as they do, all I'm interested in doing is making sure that I can keep them from processing data on my credit file...
Any thoughts? I'm still waiting for the response to eh CP31.16, I suspect their digging in the garden looking for my original CA from MS..
However, they WON'T accept the a/c is in dispute and WILL pursue collection on the a/c, including using Mercers who will send you a default notice (even though it's usually invalid).
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.
Re: Barclay Card SAR Response - No Credit Agreement
Hi Slick,
Thanks for the reply, the reason I haven't put the account in dispute is becuase of Barclays stance on the whole CCA repsonse thing, and in fact they are right that they don't have to produce the original. That's why I have used the CP31.16 route to actually get it, I am still awaiting their response on this, but I thought the SAR should produce all relevant documents that they have? I am going to to chase them on the CP31.16 route again and then follow through with a court order if neccessary to get it before I stop paying.
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.
Re: Barclay Card SAR Response - No Credit Agreement
Hi Slick,
Yes that was exactly my approach, but I am still interested on anyones thoughts around the SAR results, if BC state this is all they hold, and dont supply my Signed CA what is my best route, not pay and challenge that there is no agreement, or keep trying with the CP31.16?
One thing I have noticed them doing, is reducing my credit limit down evertime there is room for credit,,,, mmm are they concerned my account might not be enforceable??...
Re: Barclay Card SAR Response - No Credit Agreement
It's only logical that they're reducing the a/c balance when you are questioning it's enforceability.
Perhaps the CPR 31.16 route is the way to go. They'll refuse to show the agreement and you WILL have to make an N244 Application if you want this to succeed.
So don't bother with the CPR letters unless you're prepared to follow up with court action.
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.
Barclay Card SAR Response - No Credit Agreement
to get my orginial Credit Agreement (Which was a former Morgan Stanley). As they are dragging their feet I decided to sent them a SAR
Reply With Quote
