Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Default Barclaycard a.k.a. Morgan Stanley

    I took out a credit card with morgan stanley, barclaycard took it over a couple of years ago.

    I have cca'd them and they have sent back a letter which acknowldges my request. Attached are the letter, the first two pages and the last page of the terms and conditionsicon they sent.

    They state in the letter that they are sending the credit agreement 'under separate cover', does this mean that the other document they sent is not my credit agreement or have they mistakenly put them in the same envelope?

    How long do I give them to come up with a proper credit agreement?

    Thanks in advance

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  2. #2
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    Default Re: Barclaycard a.k.a. Morgan Stanley

    Hi Estockroom,

    They won't normally send you the credit agreement, despite what they've said.

    Read other threads in this forum and you'll see just how many others are in a stalemate with BC about their credit agreements.

    If they are past the 14 working days to respond to your CCA request, send them an Account In Dispute letter (which they'll ignore or disagree with).



    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    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.

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  3. #3
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    Default Re: Barclaycard a.k.a. Morgan Stanley

    The jpegs you posted above are too small to read, but I doubt we need to see them just now.



    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    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've been helpful, please click my scales.

  4. #4
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    Default Re: Barclaycard a.k.a. Morgan Stanley

    Thanks for the reply. I'll make sure I put bigger images in next time.

    Also I didn't mention that I think I have royally f***ed up, I signed the cca requests and sent them cheques, which obviously had my signiture on.

    How likely is that a bank will forge this onto a credit agreement, seems unlikely to me even for a bank.


  5. #5
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    Default Re: Barclaycard a.k.a. Morgan Stanley

    Good News - BC are not famous for lifting signatures to put onto credit agreements.

    Bad News - BC are VERY famous for NOT sending out credit agreements, with or without dodgy lifted signatures.

    Seriously, I doubt your mistake will have any repercussions at all.

    Here's a general site guide which includes how to post up, or link to, documents - http://www.consumeractiongroup.co.uk...i-dummies.html

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    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.

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  6. #6
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    Default Re: Barclaycard a.k.a. Morgan Stanley

    I thought barclaycard not sending out credit agreements would be a good thing?


  7. #7
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    Default Re: Barclaycard a.k.a. Morgan Stanley

    Hi ESR,

    The whole point about making a CCA request is that you request sight of the credit agreement, so you can check if it is properly executed and enforceable.

    BC's tactic of NOT sending out the actual agreement, but only their T&C's, is their way of denying you the opportunity to challenge the enforceability of the account.



    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    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've been helpful, please click my scales.

  8. #8
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    Default Re: Barclaycard a.k.a. Morgan Stanley

    Any PPIicon on your Morgan Stanley card?

    I went through the CCA farce with Sharkleycard- they sent me someone else's application form!

    there was PPI on the account so I claimed it back as it was mis-sold for various reasons, and as they didnt have a credit agreement they couldnt prove otherwise. They wiped my balance.


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    Default Re: Barclaycard a.k.a. Morgan Stanley

    Yes recieved some documents with terms and conditionsicon on but it doesn't have a signiture on it anywhere.

    What do I do next?


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    Default Re: Barclaycard a.k.a. Morgan Stanley

    What is it that you want to achieve?

    If you want to make the account unenforceable, you have done that.


  11. #11
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    Default Re: Barclaycard a.k.a. Morgan Stanley

    Send them a letter from either post #2 or #4 from here. Adapt it to suit your own case as necessary - http://www.consumeractiongroup.co.uk...ml#post1805315



    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    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've been helpful, please click my scales.


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