Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Barclaycard credit agreement

    Hi,

    I asked Barclaycard to send me a true copy of my credit agreement under section 78 and they sent a letter along with a photocopy of a credit agreement leaflet. They then waffled on about CPR not being applicable, even though I have never mentioned them in any letters.

    I know that there are some things which should appear on a true credit agreement (the prescribed terms) and they all appear in this leaflet.

    However, I wonder why they would send this leaflet (all 8 pages) and a full explanation of what they are obliged to send, rather than just photocopy the original agreement with my signatureicon and send that instead. Surely the latter would be the best approach as it removes any doubt as to the enforcability of the agreement.

    Has anyone else ever recieved just a copy of the leaflet?


  2. #2
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    Default Re: Barclaycard credit agreement

    Bump

    Advice is based on my personal opinion, and what I have learnt from this forum.
    If you need legal advice please consider consulting a lawyer.


  3. #3
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    Default Re: Barclaycard credit agreement

    Hi Cashdesk,

    Read other threads here and you'll see the majority are about peeps' attempts to get sight of their credit agreement.

    Have you sent them an A/c In Dispute letter yet. If not, see post 2 or 4 here and send your adapted version to BC - http://www.consumeractiongroup.co.uk...RD-no-cca.html

    When they write abck to say they've fulfilled their obligations, you could try a complaint to the fosicon. See here, but only do this when BC have said they'll not correspond about this anymore - http://www.consumeractiongroup.co.uk...rclaycard.html



    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    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.

    If I've been helpful, please click my scales.

  4. #4
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    Default Re: Barclaycard credit agreement

    I have already written to them asking why they didn't just send a photocopy of the signed agreement, like my other creditors did? I asked why they went to the trouble of photocopying 8 pages of a leaflet that doesn't bear any of my details and launching into a rant about what they are obliged to send under this and that law or regulation when they could simply have photocopied the 2 pages of the agreement and sent them to me.

    As far as I am concerned, they do not have the agreement (2003, was MSDW, then Goldfish, now BC) and they are trying to convince me that they have.

    We'll see.....


  5. #5
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    Default Re: Barclaycard credit agreement

    Hi CD,

    The reason I asked if you sent the A/c in Dispute letter is that you need them to say something along the lines of....

    We will not communicate with you further regarding this.
    We have fulfilled our obligations and need do no more.
    You may consider this to be our final response in the matter.

    Only then can you complain to the fosicon.

    If they haven't yet told you they won't respond further, send them the A/c in Dispute letter linked above, and then complain to the FOS to try and get the agreement.

    .... they do not have the agreement .... and they are trying to convince me that they have.
    What they are actually doing is trying to avoid sending out any credit agreements, whether they are enforceable or not.

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    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.

    If I've been helpful, please click my scales.


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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE