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After losing a very well paid job i found myself in some financial difficulty as regards meeting my repayments to several credit companies.Although i have found employment,at a very reduced wage,i was advise to contact cccs.This has been vey helpful in regards it has bought me some breathing space to adjust my finances.Anyway prevoius to this i decided to look into the cca route as an option aswell & has provided me with a bit of a laugh.The History.
Sept 4th 2009 sent cca letter + £1.00.Waited.No reply
Sept 18th 2009 sent a cccs guideline letter informing that them that i was having problems with repayments & offered the £1.00 per month payment.Response was that they were unable to accept as to low but still banked it.
20th Oct 2009 Decided(after a sh**y letter from another creditor)to send an account in dispute letter & told them i would not be making any repayments whatsoever.
Well that woke someone up.
Today 26th of october i recieved a ,well erm,some sort of ,well lets say it was a photocopy of someone or others ,erm dont know.(see paste)
What i am asking is if i ask for somthing relating to my account under the s.77/78 Consumer Credit Act they can just send me anything & they can then say they have fullfilled there obligation?Is there a response letter i can send to this?Can anyone help me with my next course of action as i am sure i will be getting this from a few other creditors in due course.
All help appreciated.Thanks
p.s these documents are as received minus only personal data(yes it wasnt me that sent it out upside down!
I would suggest you now write to the fos and complain that BC have failed to properly respond to your CCA request and will not send you the credit agreement to which you're entitled.
There have been some recent successes with the FOS getting BC to produce the agreement to CAGgers.
Have you suffered any penalty charges on the a/c. If so these can be reclaimed in full with interest.
If you don't have all a/c statements covering any period when you suffered penalty charges, get them using the SAR found in the Bank templates library.
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 for the reply Slick.Is there a letter template,add,contact info?Also do i just ride this out with barclatcard as they still keep ringing.They will be getting a telephone harrasment letter at w/end but dont this any of this will stop them or to produce any documentation.
Google fos and you'll get their address to write to. There's no template (I think I may have to do one though as this may be useful).
Simply write to confirm that BC have failed to supply your credit agreement in response to your CCA request. Ask the FOS to intervene to get BC to supply the document to which you're entitled.
You didn't answer my Q about penalty charges on the a/c.
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.
Cheers Slick.
Received today,recent t& c`s from Barclaycard.You have to laugh at the wording across the top.
`These are the terma & conditions of an agreement between us(b/c) and,you,the person who signed the agreement.
Yes great so why wont they send me it or even anything with my name on.I know Barclaycard have not sent me a copy of my agreement but have they covered what was outlined in the s.77/78 request.It seems to me that they are reading the law to mean they only need to send out 4 bits of information not an original document
1:The current credit limit.
2:The current balance
3:The advice on the next min payment.
4:Up to date t&cs.
Is there another letter that i can use as i seem to remember reading on this forum & posting saying why you shouldnt use the s77/78.
I will answer about charges as soon as i get round this as i see this as another issue.
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.
Me & Barclays
(yes it wasnt me that sent it out upside down!
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