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.
Like many others in this forum, I decided to ask Barclaycard for a copy of my agreement - this has failed to materialise - merely a statement of terms and conditions just like everyone else and the letters which seem to be a carbon copy of many others on the forum. I have had serious harassment from them - account has been passed to Mercers, default notice issued etc but once again no copy of agreement (£1) paid has been received. I have made an official complaint and the telephone harassment has temporarilhy stopped. This is a very old account so I think they will be hard pushed to produce anything
However, I am wondering quite what happens next - what I should do . I hate to think how much interest I have paid on an account which might never have been legal and am not sure if there is anything I can do about it
Surely if they are going to demand money via court action then they are going to have to produce something?
Can anyone else give me the benefit of their experience with Barclaycard on these issues
If you've read other threads here, you'll have seen the majority relate to issues similar to your own.
Are there any penalty charge son this a/c, or mis-sold PPI. You can reclaim these.
You can't reclaim the money you've paid to BC but you can reclaim charges and interest on those charges. Same with PPI.
If they want to take you to court, they need the credit agreement and, without it, they're unlikely to win. But they tend to keep harassing through Mercers and other in-house collection Co's.
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.
I've already received the penalty charges back so I am assuming that I should leave the ball in their court as it were. I have requested the signed and executed agreement some months ago and given its age it would be surprising if they could turn it up. So presumably best to do absolutely nothing at this point? Is this what everyone else is doing unless and until they come forward with court action?
Many CAGgers have reached this impasse where BC won't provide the agreement but still insist on collection activity.
The only means of bringing the matter to a formal close is to demand the agreement using CPR31.16. See the CPR strategy thread at Link No2 in my signature below. Don't bother sending the initial letters, however, unless you're determined to see this through with an N244 Application to court.
Leaving it seems a good option apart from getting a Default Notice against you which is difficult to get removed.
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.
Me v Barclaycard - advice on next moves
just like everyone else and the letters which seem to be a carbon copy of many others on the forum. I have had serious harassment from them - account has been passed to Mercers, default notice issued etc but once again no copy of agreement (£1) paid has been received. I have made an official complaint and the telephone harassment has temporarilhy stopped. This is a very old account so I think they will be hard pushed to produce anything
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