Thread: Yourturntopay -v- Barclaycard

Hi Yourturn,

If you have had threats of a visit, have you read this from the debt collector's Library - http://www.consumerforums.com/resour...doorstep-visit-

Hi YTTP,

I've moved your posts into your own thread to avoid hijacking so use this to discuss your BC case.

If you follow the advice in the Doorstep Vist thread, you'll not go far wrong. Any visitor will want you to speak to BC/Mercers/Calders on their mobile - just refuse to open the door or discuss anything, and walk away.

Also, don't answer the calls from BC's DCA's if you can avoid it. And consider recording your calls using TruCall - The Consumer Forums - telephone recorders reviews.

Can you please confirm:-

1. Have you requested sight of your credit agreement using a CCA request.

2. If you don't have all your statements, have you sent a SAR to get data to see if there are any penalty charges which you can reclaim, with interest.

3. Is there any mis-sold PPI on the a/c - the SAR should also give data about this.

Hi YTTP,

Looks like you've got this under control just fine.

Hi YTTP,

Shout any time you need !

BC and their Collection Monkeys threaten a great deal but a lot of it is hot air.

Hi yourturntopay

If this helps regarding the court threats?

THIS IS A REQUEST UNDER THE Civil Procedure RULES.
PLEASE DO NOT IGNORE.

I am in receipt of your letter dated xx October, this was received on xx October 2009.

You have indicated that
a) You are giving Formal Notice that your client has instructed you to commence court proceedings against me without delay and
b) Papers are now being prepared for commencement of action through my local court to seek a judgement against me.

I am sure that you are aware that I have long since requested from your client, under both the Consumer Credit Act 1974 (The Act) and the Data Protection Act 1998, a copy of the agreement to which both you and your client allege I am a signatory. To date this has not been provided to me and whilst I appreciate your client has endeavoured to persuade me that the provision of a copy of an application form is sufficient to discharge your client from further obligations under section 78 of the Act. Likewise I too have explained that the mere provision of a copy of an application form is not a legally permissable substitute for the provision of a true copy of the executed agreement as required under section 78 of the Act and as prescribed by Regulation 3 Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

I am sure you are also aware that under section 78(6) of the Act, whilst a creditor is in default of a request made under sub-section (1) they may not enforce the agreement.

Notwithstanding the foregoing and your client's persistent, unexplained and willful refusal to supply a copy of the executed agreement in accordance with its obligations (the permitted ommisions under Regulation 3(2) excepted), your client has made plain its intention to begin legal proceedings against me. In consequence this matter may now be treated as one which is subject to the control of the Civil Procedure Rules.

Take notice therefore that under CPR Practice Direction - Protocols paragraph 4.6(a) and (d), I request that you supply copies of the following documents:

[1] A true copy of the executed credit agreement incorporating prescribed notices, terms and conditions applicable at the time the agreement was executed and
[2] Any further or subsequent notices, terms and conditions relied upon.

Please note that my request under the Practice Direction is not a request for production within the confines of the Act and Regulations but rather, it is for a copy of the executed agreement, including signatures and all such other notices, terms and conditions as will be relied upon in the event that your client shall begin a claim.

A copy of the documents I have requested should be supplied to me within 14 days and you are urged not to begin proceedings for a period of not less than 14 days following the supply of those documents to me.

Should your client elect to ignore my request under the Practice Direction and commence proceedings, it is likely that I shall repeat my request for the provision of documents under CPR 31.14. In the event that your client should fail to comply with my CPR 31.14 request, I will not hesitate in making an application to the court for an order that further proceedings upon the claim be stayed pending provision of the requisite documents, in the course of which application I will of course refer to this and previous requests for the provision of copy documents.

I look forward to hearing from you within the time stated.

Yours faithfully,


GOOD LUCK
GARY