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I this is my first post and thread to the forum. So i'll just get to it, I have been sending CCA requests to Barclaycard for 6 months or more and they sent me t&c each time. Last month however they sent me a copy of a form with a box in the bottom left corner that has a signature box and title cancellation form.
This seems to be all anyone is getting. They are being disingenous in their interpretation of the CCA.
This is not a properly executed agreement and they know it. If you read around the forum you will find m any people in the same boat. The conclusion I have drawn is that Barclaycard have had some sort of system failure and have lost copies of their original agreements.
They keep fobbing people off with this nonsense in the hopes you'll give up, carry on paying or just go away.
Take a look at the legal thread as they recommend using S31.16 of the pre court action protocols if you want a copy of the agreement. If they refuse you can then take out an injunction against them and they will have to produce it.
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.
Rhia, I guess I must have forgotten to add in my first post that I had already tried the cpr 31.16 letters from this forum, I sent 2 letters the first reply is below
The second reply didnt even mention cpr 31.16 and b/c said they had sent all documents they were required to!
Slick with regards to the account in dispute letter, I have not done that yet as it seems like a big step and I am worried about b/c finally producing my CCA and it being enforcable.
I have already written about my charges on the account and they sent a letter to me and informed me that £300 had been credited to my account.
It just seems I am going round in circles with them to try and get my CCA, but everyone must feel like this at the moment!
Have you also sent a Subject access request under the Data Protection Act 1988 for all your information? You can ask for your agreement along with everything else.
BTW the £300 refund will just be the difference between £12 and whatever they charged you - £20 (say) in which case they owe you a lot more plus the interest compounded on each charge.
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.
Rhia I checked the summary that was sent to Barclaycard regarding my charges and interest was claimed with the charges. I didnt do it myself so will need to look into it. I had one of those claims company do it, which has been the biggest waste of money ever!!
They are actually the reason I am more involved in getting my CCA as they have been no help. I have not been contacted by them once since Feb this year, unless I was the one emailing them first.
Slick if I send an account in dispute letter should I still pay the minimum amount each month still? It's getting a bit much now, I am constantly over my limit so they keep charging me. The miniumum payment is now £200 per month and I am finding it harder and harder to pay.
Also as I have sent both of my cpr 31.16 letters and received replies from barclaycard, I have read that I should complete the court form N224? I have read up a little on some of the other forum members going this route and having some success.
Hi I also think Barclaycard (and others) are saying 31.16 doesn't count and they are refusing to answer which gives you no alternative but to go for a court injunction. As long as you have a case to take them to court (and you have with charges) then you can apply for this.
Re paying them. My own feeling is, if you can pay them even if only the minimum. I know the interest will stack up but it's nonsense interest and you can claim it back as it will add onto your claim.
I think your best move to send a Subject access request to Barclaycard and they will sned you just six years of statements - if they do this go back for the rest.
I think they are trying to limit their liability to six years but there is no law or statute supporting this and under the Limitations Act you have six years to claim from the time of discovering the mistake.
Once you have all the statements under the SAR then download one of the spreadsheets from here and enter each and every amount along with the interest and calculate it using the interest rate they have applied to your account.
Each and every time you write to them send an updated copy of this.
Hi I also think Barclaycard (and others) are saying 31.16 doesn't count and they are refusing to answer which gives you no alternative but to go for a court injunction. As long as you have a case to take them to court (and you have with charges) then you can apply for this.
Hi Rhia, I think the point here is that BC are refusing to supply a credit agreement, which you're entitled to see, in order to check if the a/c is enforceable. This doen't concern penalty charges.
CPR 31.16 is a means by which you can ask the court to order BC to supply the doc't and, if they fail to, you can then seek an injunction preventing pursuit of the alleged debt.
I agree that a SAR is necessary to see if all older charges were repaid, and what more recent charges have been added.
The best way to get back the charges and their ridiculously high interest is to claim interest in restitution. Read the info box about restitution and also read the Interest Tutorial in my signature.
To claim this, you'll have to file a claim at court as BC will avoid paying this right up to the hearing date, but will then settle if you've done the necessary work.
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.
It's good to see another "credit agreement" from BC prompted by fos intervention.
The document is clearly an application form and does not have the Prescribed Terms which are needed. See Link No5 in my signature about checking your credit agreement.
This is not an enforceable credit agreement and you could send this in reply:-
Dear Sir or Madam,
Thank you for your response to my request under the Consumer Credit Act section 78.
I am pleased to see that you confirm this as a true copy of the original agreement executed by yourselves on the XXXXX.
As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any prescribed terms and my signature means that a court would be prevented from enforcing it under s127(3)"
You had until (date here) to provide me with the true copy I requested. After that date you entered into default of my request and I am therefore advising that the matter is now in dispute . Whilst the matter is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, make any further charges to the account or pass the account to anybody else.
Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies including any defaults. Should you refuse to comply, you must within 21 days provide me with a detailed Breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.
Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.
Yours faithfully
Adapt the letter to reflect your own case as necessary.
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.
Barclaycard CCA - Not what I expected!
box and title cancellation form.
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Originally Posted by Rhia
