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Sorry this is going to be a bit long winded but I want to give you as much info as possible.
I have been trying to get a signed copy of my credit agreement for about 9 months or so now but have so far failed. I originally CCA'd them and got back the standard terms and conditions. At this point I sent them an account in dispute letter and stopped paying. I then wrote a complaint and they sent back a letter saying that in order to get a copy of the original agreement I would need to submit an SAR request, which I did. They sent me a load of print outs but no agreement. I then sent another letter asking where the agreements were and was sent back the terms and conditions again. I then sent another letter saying this was not the original agreement and was not legally binding. Their response was quite a rude letter going through the legal requirements of the credit agreement act and stating that this would be there final response- this was despite the fact the request was a SAR and not a CCA. I then pointed this out to them and made a formal complaint.
I just received another letter stating that they have sent all my information under the SAR and they hope this clarifies the matter. I've had no response to the complaint. My question really is, does this mean they don't actually have the agreement?
During this time they have passed my account firstly onto mercers, then calder financial and now onto callserve who are threatening to take me to court. Any advice would be appreciated.
I would contact the Information Commissioner and complain as they told you to send a SAR to get a copy of your agreement and then failed to deliver.
I would also complain to the fos and Trading Standards as you also have their final response to your complaint.
It is highly likely that they don't have your agrement so they are trying to bluff their way out of it.
Callserve would be very silly to try the court route with no agreement although they do try and prey on the consumers ignorance of the law.
No CCA = unenforceable, period. If one turns up in the future, that's a different matter and if it does, help will be forthcoming if needed.
If you are asked to deal with any matter via private message, PLEASE report it.
Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor
Could you post up the letter from them saying you should make a SAR in order to get your credit agreement. This may be interesting.
If you've read other threads here, you'll see there have been recent successes in users getting their credit agreement, after complaining to the fos about BC's failure to supply it in response to a CCA request.
I think you should complain to the FOS now, as suggested by SilverFox.
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 your replies, I think I will go down the complaining to fos etc as you suggest as it appears that corresponding with Barclaycard is like hitting your head against a brick wall. I'll dig out the letter and post it up.
NOOOO I so wanted to see that letter but it's too small.
Have you tried photobucket
If you are asked to deal with any matter via private message, PLEASE report it.
Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor
I suggest you send off a letter to the Data Protection Team saying:-
Dear sir or madam,
Account No xxxx xxxx
I made a SAR on xxdate which you replied to on xxdate.
As you failed to supply my credit agreement I contacted Customer Relations and a CR Manager has now written to me confirming that a copy of my signed credit agreement should have been included as part of your SAR reply.
I enclose a copy of your collegue's letter for reference.
Accordingly, would you now please supply the required document which you failed to do earlier.
If you do not supply the credit agreement within 14 days, I will make a formal complain to the ICO that you failed to properly comply with my original SAR as required by the Data Protection Act.
A formal complaint will also be made to the fos about your refusal to supply the copy agreement.
Yours faithfully,
Send it off by Rec'd Del'y and, personally, I'd wait for their reply before contacting the FOS and ICO.
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 but I'd already sent the complaint off before I read your post . But to be honest I have given them plenty of opportunity to send it out, they just conveniently ignore what my letters actually say and send out any old rubbish they can get their hands on.
Understood Joolsie, but I wanted to see how they respond to the suggestion, confirmed in writing, that the agreement would be sent in response to a SAR.
You could still send this off to BC and, if they produce the agreement, you can write to the fos saying "Thanks but it has now been resolved."
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 SAR request
. At this point I sent them an account in dispute letter and stopped paying. I then wrote a complaint and they sent back a letter saying that in order to get a copy of the original agreement I would need to submit an SAR
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. But to be honest I have given them plenty of opportunity to send it out, they just conveniently ignore what my letters actually say and send out any old rubbish they can get their hands on.