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.
I recently sent a CCA letter to Barclaycard and received terms and conditions within the time frame and also a copy of a standard Credit Agreement (no signature).
My question is: if they had the original agreement would they have sent it, or have they just issued this standard document in hoping I would just give up?
Barclaycard DO normally have these agreements, they just choose not to send them... Read around some of the other MSDW/Barclays threads to get a feel for what they will do next.
IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.
After sending a letter stating account in dispute and demanding a true copy of the signed agreement, I have received a reply and dont know what to do next.
1. They state that they have fulfilled their obligations by providing their t&c's and a standard agreement (not personalised or signed).
2. Then they state because of the above, the account is not in dispute and therefore I should pay the debt due.
3. Furthermore, they will not enter into any further correspondence on this matter and they would require me to provide legal and documentary evidence to support my claim for any response, should they think it necessary. (Hmmm feels like shoe is on the other foot).
Funny though, they are probably paying what I owe to extra staff to deal with issues such as this! At least someone gets employed - unlike me, hmmmm looks at job vacancies in Barclaycard.
Anyway, I assume my next step is to complain to the FSA? And if I do, I write to Barclaycard again with a copy and point out that the account remains in dispute?
You need BC's "Final Response" before complaining to the fos.
See this thread for a letter to BC to get their FR. If BC have already said this is their FR, read Tony3x's thread for a letter to complain to the FOS.
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.
I was wondering what happens when it's stale mate - i.e they refuse to correspond and state account not in dispute and i say account in dispute and no agreement received. Has anyone been taken to court or does this just drag on for the next 6 years?
I'm at the stage where I need to complain to the fos (I have received their final response).
There are several ways it can go but, if BC know they have no proper agreement and realise you are not going to crumble, they may decide to accept a F&F Settlement to close the matter.
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.
Morgan Stanley / Barclaycard
within the time frame and also a copy of a standard Credit Agreement (no signature
Reply With Quote
