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I requested copies of CCA's for various Barclaycards (Morgan Stanley and Goldfish) some 5 months ago, and to date have only received T&Cs.
From reading other threads I see that this is quite normal.
My question is, why are they refusing to send out copies of CCA's?
Is it because they dont have them, or they know they are unenforceable, or they just want to keep them until their day in court?
It is wrong to assume that, just because they don't produce them, BC and others don't have agreements. In user Bones case they do, and produced it after fos intervention - http://www.consumeractiongroup.co.uk...ml#post2489727
We have seen many cases where the documents supplied do NOT constitute enforceable agreements.
But we've seen cases where the agreements ARE enforceable.
They are trying to keep their cards very close to their chests, and would rather not show them.
If you have the patience and are not satisfied with the T&C's sent to you, complain to the FOS - it costs you nowt.
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.
Thanks slick. I'm receiving letters and phone calls from Mercers now, so I'm going to fire off a ''reminder'' letter to Mercers stating that the accounts are in dispute, though I realise that this will achieve nothing. I will complain to the fos, though I also see that this will take a long time.
In the long run, I'm going to basically ignore them and let them take me to court, where they'll have to produce the agreements. In the meantime, I will send them fairly regular ''requests/reminders'' to produce the agreement, for the purpose of showing the judge that I tried hard to see them.
I'm not bothered about my credit record because I intend living the rest of my life without it, so I suppose the worst that can happen is that I get CCJ's and end up on a payment plan, though I'm a homeowner (joint), and that does worry me a bit.
If you have the time to wait and you're not so concerned about your credit record, I agree this is a good strategy.
Wait for the fos to help, wait for BC to take court action, whatever.
I think this is more sensible than running around like a headless chicken, firing off letters every day or so, trying every avenue available ............. but getting nowhere fast !!
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.
One question though. I presume they will still add interest and late fees as I stopped paying anything when I sent the Account in Dispute letter? As it will take some time before getting to the end, this could be a substantial sum of money added to these accounts. If they, in the end, produce an enforceable agreement, and I end up paying them, will this extra interest and late fees be allowed to stay on the account, considering that the Account in Dispute letter states that they shouldnt be adding interest or charges. (does this also apply if debt is sold on to DCA - can they keep adding interest indefinitely?)?
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. Why they dont send CCA's?
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