Thread: hammered vs MSDW(barcalys)

ok 2nd thread, CCA sent off the Barclays, i have had a MSDW card since 2004. i have found the agreement, but no signiature. have requested signed form from barclays 5th oct 2009.
let see how this goes...!

Hi Hammered,

Let us know how this goes.

sending a SAR request tomorrow as well.

ok well received response from bcard - looks like standard letter.

response to cca page 1 picture by hammered1969 - Photobucket
response to cca page 2 picture by hammered1969 - Photobucket

ill wait and see what terms and cond. arrive

Originally Posted by hammered

ok 2nd thread, CCA sent off the Barclays, i have had a MSDW card since 2004. i have found the agreement, but no signiature. have requested signed form from barclays 5th oct 2009.
let see how this goes...!

At least if you've found the agreement you know if there are any prescribed terms on it

S.

ho hum - been a bit busy so have just got the 2nd letter sorted out. bcard have sent me a current t and c. and another letter with my credit limit on, current credit and next payment. so sending this tomorrow, its copy of one of the others on here, so thanks to whomever it was !

8th November 2009.

Dear sir/madam,

Re:− Card reference no xxxx

Your ref xxx

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter.
However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.
My request remains outstanding. An unsigned credit agreement with no personal details on it, like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. A blank agreement neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’
I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.
You had until 19th October 2009,(12+2 working days after the request was made) to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains 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, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.
To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.
The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office the time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation.
To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit information industry.



I expect you to write to me confirming that the account has been closed and no further action will be taken.
I look forward to your reply.



xxxx




should be enough to upset them ? btw i havent paid them this month either, so should be getting phone calls soon oh joy

Hi Hammered,

We've seen successes recently in users getting their credit agreement from BC and others, after complaining to the fos about the CCard Co's failure to supply the doc't in response to a CCA request.

So, when they write back saying they've fulfilled their obligations under CCA1974, complain to the FOS.

bcard 2nds response picture by hammered1969 - Photobucket

obviously i need to complain to the fos, should i ask bcard again, threatining the FOS, or just go straight to them ?
any answers appreciated !

Hi Hammered,

Just go straight to the fos now and see if they will intervene.

Read this short thread which includes a template which you can adapt and use - http://www.consumeractiongroup.co.uk...rclaycard.html

ok will do - thanks slick - i makes me so angry to be treated in this way by bcard , can they not be bothered?

Customer Experience Director,
Barclaycard,
PO Box 5592,
Northampton,
NN4 1ZY


Mr xxxx

19th November 2009.


Account ref : xxxx
Dear Sirs,
Recently I have requested a copy of my credit card agreement from you. The responses although quick, were not very forthcoming. The first letter actually says that you must supply a copy of my executed agreement, but then encloses a copy of the current terms and conditions and a statement of my credit limit. No original signed copy has been supplied with these. It is my legal right to have sight of my original signed agreement; this is needed by yourselves, being a financial institution -if ever you would need to take this case to court, as you know an unsigned/missing agreement is unenforceable in law. I have sent another letter stating this but have been brushed away by yourselves saying you have fulfilled your obligations under the consumer credit act section 78.
So I am writing to you one last time to ask for the original agreement , I already have the up to date terms and conditions, otherwise I will have no choice but to complain to the financial ombudsman service and invite them to investigate on my behalf.
Other companies are willing to send copies of agreements so I cannot understand why Barclaycard, being a UK bank and bound by terms and conditions, is not able to?
Please find enclosed copies of communications for your perusal.
I look forward to hearing from you

Yours faithfully,


xxxx








one last time before going to the fos, opinions?

Originally Posted by hammered

Customer Experience Director,
Barclaycard,
PO Box 5592,
Northampton,
NN4 1ZY



one last time before going to the fos, opinions?

Knowing Barclays they'll either a) Send a letter telling you your copy of the executed agreement is coming ... and then send you further t&c b) Tell you they have complied with s78 and there is NO requirement for them to send a copy of the actual agreement (even tho it is needed in court(in theory)) or c) Ignore you.

You cant really guess which one they'll go for but imo the letter isnt needed, you have a response from Barclay's, thats as much as you'll get from them.

Go to FOS

S.

Hi Hammered,

I'd always recommend making every possible effort to appeal to someone's better nature ......

...... but this is BC who will ignore your letter or send you a template blank refusal letter.

Complain to fos now, as the others have already said.

the fos letter is already typed, ill give bcard 7 days and then get the FOS letter sent out, thansk for the help chaps!
u never know the "customer experience director" may come up trumps ....

Originally Posted by middenmess

What is a ''"customer experience director''?

!

hahaha I'm glad I wasnt the only one thinking WTF

S.

im only doing it as on the t and c's they sent me, right at the end theres a bit about complaining to the fos. i wanted to exhaust all the avenues and then the FOS will take up the matter (hopefully) more seriously ...
we'll wait and see

Hi Hammered,

It's your prerogative to do what feels right for you.

Don't worry about us cynics. Complain to the fos when you are ready.

ok right a few things happening on the bcard front - i cant afford to pay them have stopped, obviosly this isnt going down too well ,and now mercers are calling on their private numbers. anyways, ive recived a SAR request and the cca request, got the statemants, but no CCA (no suprise), funny that Egg thought it was ok to send it tho, also had no respose of my letter. shall i go ahead and respond by writing to mercs ,stating that my acc is in dispute,etc, and ask them for the CCA or leave it ? have read some of the other posts but am unsure if i should ignore the letters or send off a template ? just gopta add up the charges now
any answers appreciated, thanks!