Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
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.
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.
However, got a statement from BC this morning adding charges for late payments etc.
I wrote to them weeks ago advising I couldn't afford to pay at the moment and offered a token £1 per month if they would accept that and suspend any further charges.
As the account is in dispute as they wont send the signed credit agreement copy can they actually add these charges and what should I do?
Although YOU consider the a/c to be in dispute, BC do not agree and it's THEIR contention that they've fulfilled their obligations under CCA1974 by supplying the T&C's.
So they'll say they ARE still entitled to add charges and interest, and to continue with collection activity.
If you would be happy to continue to pay to the a/c but at a rate you can afford, you may do better by getting CCCS or CAB to mediate with BC with a view to them accepting lower payments, and reducing or stopping interest.
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.
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.
after getting the FSO involved Barclaycard have issued their final response which I have sent to the FSO as I believe they are trying to get out of their responsibilities.
What do the rest of you think? (I have never received any copies of any executed agreement from them)
Have they lost the original agreement?
Their reply:-
Dear Lisa,
You claim that Barclaycard has not provided you with the information you requested previously. You require a true, signed copy of any credit agreement that exists in relation to your Barclaycard account, in accordance with Section 78 of the Consumer Credit Act 1974.
Our previous letter dated xx October 2009 enclosed a copy of your Executed Agreement with the Barclaycard terms and conditions at the time you entered into your agreement. This is in the prescribed form which embodies the full terms and conditions of your Credit Agreement in accordance with the terms of Section 61 of the CCA1974.
A copy of the current Barclaycard Conditions was also sent to you under separate cover.
In requesting a signed copy of your Executed Agreement, we make reference to the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 which states that there is no requirement for the copy of an Executed Agreement to contain any signature box, any date or signature.
We believe that the information sent to you on XX October 2009 completes our obligation to supply the information and copy documents under Section 78 of the CCA 1974.
blah blah blah, we will pursue the debt, blah, blah, blah.
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.
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.
good morning, well this is a first that i too have been made aware of
im sure that this could end up being a good topic for the legal savvy to debate about
im subbed to your thread now and hence now bumped up hoping someone of an expert will come along soon and give us both a bit of an answer
i agree surely the card number is generated after not whilst so an online application would surely need to go through their credit checking processing first before an account number is generated
keep positive and lets see what we can do about this, well at least the cpr rules allow further insight for you if it ever gets to court stage
am interested what others now advise too
laters angel x
Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.
my new motto is,,,",Taking back control of your life and home - such peace is priceless"
This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel
oops id replied on your thread when the fos has replied to you perhaps one of the team can merge it again, and perhaps delete that other one or it will be confusing to follow
Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.
my new motto is,,,",Taking back control of your life and home - such peace is priceless"
This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel
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.
Threads merged again. Please use just one thread per topic.
Are you saying that BC have let the fos see the original credit agreement on the internet, by email, screenshot or whatever.
I take it this was not applied for on-line using a tick box.
The FOS seem to be all too easily persuaded by the banks but that's hardly surprising, given the set-up !!
The letter states that the FOS have been allowed to view a copy of the original agreement and that the boxes are ticked, the address matches and the account number matches.
I have not been sent a copy of what the FOS was allowed to see.
How can there be an account number on an application form for a start?
I cannot remember how the BC was applied for, if indeed I applied for one as I am sure it was my old Goldfish account that was transferred into BC when BC bought them out. If it is then it well pre-dates tick boxes.
What do people suggest I do now? I have written back to the FOS telling them that the legal obligations are still not fulfilled as I have not seen an executed copy of the original agreement. Am I still correct in this?
As you've already written back to the fos, see how they respond.
You could try calling them and say you require sight of the credit agreement or you will escalate your complaint. Ask that they get BC to supply you with a copy.
Be polite but firm.
How ridiculous that BC supply the doc't to the FOS but not to you.
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.
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.
Update time everyone. It is now November and I have just heard from Moorcroft who are now trying to recover this debt for Barclaycard. I have received the notification of intended litigation blah blah blah letter giving me 3 days to call them to agree a way to settle.
I have still not received a true copy of the CCA and only received print outs from a screen grab on a computer that BC claim is acceptable. The letter is full of 'we may do this, we may do that'.
Do I just ignore this lot until I receive Court papers or is it time to do something else?
Lochlisa -v- Barclaycard
The Consumer Forums
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Originally Posted by slick132
