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)


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Thread: Barclaycard CCA

  1. #1
    baznew1
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    Default Barclaycard CCA

    Hi All
    I have received some statements from Barclaycard after a SARicon.
    But because they have sent out the standard BS letter regarding Microfiche, I was wondering if it would be worth my while asking for the original signed agreement.
    If it is does anyone know of a good template to use?
    Thanks in advance

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  2. #2
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    Default Re: Barclaycard CCA

    Be warned that Barclaycard will probably produce the agreement. Someone on this site got one that was signed in 1987. Wait until they sell the debt before CCA'ing.

    "Why CCJ when you can CCA!"

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    Default Re: Barclaycard CCA

    I CCA'd Barclaycard on 28th March, and on 2nd April I got a signed application form. The covering letter said " Please find enclosed a copy of the Original application as requested" They are now in criminal default, and I've had no other communication with them.


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    Default Re: Barclaycard CCA

    Forgot to add that I CCA'd Littlewoods/Barclaycard on 24th May and got by return, another signed application form. I will be sitting this one out until they default!


  5. #5
    baznew1
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    Default Re: Barclaycard CCA

    Windy. If they sent you the documents, surely they have done what they needed to do in the CCA. I'm obviously a little confused on this procedure, but I was originally going to offer a token payment to see how far it got.
    I've already done the SARicon. I want to get the whole debt" clear, but not sure which is the best track at this time.


  6. #6
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    Default Re: Barclaycard CCA

    Can anyone help. Barclaycard sold my debt to CSL, i sent them a letter and £1 requesting my CCA. Received a letter today from CSL telling me they were going to send out a debt collectoricon for full amount.

    I phoned them up and told them they couldn't do that and that i had requested mt cca on the 24th May. A really rude women pointed out that as i hadn't had any credit from their company i had to get in touch with Barclaycard for the cca, and that they were in their rights to send out a debt collector.

    After this so called lady who wouldn't let me get a word in edgeways, im afraid i used a few choice words and hung up.

    Can they actually send out a debt collector, and is it true that they dont have to send me a cca, but to get in touch with Barclaycard.


    Thanks

    Fran


  7. #7
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    Default Re: Barclaycard CCA

    Quote Originally Posted by franmc12 View Post
    Can anyone help. Barclaycard sold my debt to CSL, i sent them a letter and £1 requesting my CCA. Received a letter today from CSL telling me they were going to send out a debt collectoricon for full amount.

    Did you send the CCA request by rec. delivery ? If not, then you have no proof.

    I phoned them up and told them they couldn't do that and that i had requested mt cca on the 24th May. A really rude women pointed out that as i hadn't had any credit from their company i had to get in touch with Barclaycard for the cca, and that they were in their rights to send out a debt collector.

    This is why it's a bad idea to 'phone them.... you get told the usual brown stuff . They are not within their rights to send someone to your house uninvited.... there is an excellent bog off letter if you are stressing and would like to send it (rec. delivery).... let me know.

    After this so called lady who wouldn't let me get a word in edgeways, im afraid i used a few choice words and hung up.

    Can they actually send out a debt collector, and is it true that they dont have to send me a cca, but to get in touch with Barclaycard.

    They cannot legally pursue you for payment without complying with your request.... and since the lovely lady on the 'phone told you that as you had not had any credit from her company, that they were not obliged to comply with your request.... well, you are also not obliged to pay then, are you ?

    No CCA = no enforceable debt.

    Thanks

    Fran


    PLEASE NOTE:

    I AM NO LONGER AN ACTIVE MEMBER OF THIS FORUM AND WILL ONLY RESPOND TO POSTS ON SUBSCRIBED THREADS.

    Fighting back with CPUTR 2008:
    http://www.consumeractiongroup.co.uk...ith-CPUTR-2008....
    CPUTR 2008 template letter:
    http://www.consumeractiongroup.co.uk...98#post3531398
    Challenging Reconstituted Agreements:
    http://www.consumeractiongroup.co.uk...ted-Agreements...

  8. #8
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    Smile Re: Barclaycard CCA

    Hi priority1

    Yes i did send the letter asking for my cca by recorded delivery.
    And could you send me the bog off letter as these people are really nasty.


    Best wishes


    Fran


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    Default Re: Barclaycard CCA

    Dear xxxx

    Ref xxxxx

    I do not acknowledge any debt to your company.

    Please be advised that I am only prepared to communicate with you in writing and therefore, if it remains your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

    There is only an implied license under Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

    Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property, and if you do so, then you will be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Should it be necessary, I will obtain an injunction.

    Yours sincerely/faithfully,



    Remember to send by rec. delivery....

    PLEASE NOTE:

    I AM NO LONGER AN ACTIVE MEMBER OF THIS FORUM AND WILL ONLY RESPOND TO POSTS ON SUBSCRIBED THREADS.

    Fighting back with CPUTR 2008:
    http://www.consumeractiongroup.co.uk...ith-CPUTR-2008....
    CPUTR 2008 template letter:
    http://www.consumeractiongroup.co.uk...98#post3531398
    Challenging Reconstituted Agreements:
    http://www.consumeractiongroup.co.uk...ted-Agreements...

  10. #10
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    Smile Re: Barclaycard CCA

    Hi Many thanks for that.



    Fran



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