morgan & stanley /barclaycard

[bones01]

Hi i am new to all this and have a few things that need some help with ..... firstly i have a credit card that was with morgan & stanley and has moved to Barclay card recently and have changed my card etc ....... I have read some threads and have become a bit confused , should they have sent me a new cca out for me to sign for the debt to be enforcable still ??????? .

Sorry if is in the wrong place am a bit stuck as to weather i have got my head aropund this correctly or not :-|

thank :)you x x x x x

[eastlondoner]

Hi there...I have the same card. No, they don't have to send you a new CCA, but they do have to have the agreement you signed on record as stated by the Consumer Credit Act 1974. You can send them a CCA request enclosing a £1.00 postal order (do not use your signature anywhere!). Check my thread for template docs etc. I am still waiting for Morgan Stanley CCA and not holding my breath for it turning up anytime soon! Hope this helps a bit:)

[bones01]

thanks very much will send it in the next few days . how long do i have o give them ? and what happens if they dont reply , do i still pay or send a futher letter ? ...

thakns soooooo much for your help ....

oh yes where do i send it please x

[bones01]

how do i get on to check your thread please .... sorry if being stupid x

[eastlondoner]

still a bit shady with sending links...try this

 

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/167584-barclaycard-no-cca.html

 

Link works now eastlonder:D

Edited May 7, 2009 by citizenB
correct link for poster

[eastlondoner]

oops...or this

http://www.consumeractiongroup.co.uk/forum/barclaycard/167584-barclaycard-no-cca.html

Link works now

Edited May 7, 2009 by citizenB
corrected link for poster

[eastlondoner]

Given up with the links (lol)...just click on my profile and view my started threads in statistics...Barclaycard No CCA is in there!

 

Check the template library for a letter. Something along the lines of this:

 

 

(Your home address)

 

Date:

 

To:

 

Dear Sir/Madam

 

Account No:

 

With reference to the above agreement, I/we would be grateful if you would send me/us a copy of this credit agreement and a full breakdown of the account including any interest or charges applied. I/we understand that under the Consumer Credit Act 1974 [sections 77-79], I am/we are entitled to receive a copy of any credit agreement and a statement of account on request. I/we enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.

 

I/we understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

 

I/we understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

 

I/we look forward to hearing from you.

 

Yours faithfully

 

(Your signature)

 

 

Remember not to sign your letter, as the agreement has to have your signature to be enforceable and the creditor may try and use what you send them if they do not have it...initial it or use a different signature. And send a postal order for the £1.00 fee. Send request recorded mail!

 

 

I sent requests to the address on the back of my statements which is:

Barclaycard

Customer Services

Barclaycard House

PO BOx 5592

Northampton

NN4 1ZY

 

You can see how Slick has been helping me on my thread. They have 12+2 days to comply with the request, and you could stop paying after this if they have not complied, as they would be in default, although expect a lot of calls, threats and letters if you do this. Again see my thread for what happens after 12+2 days have expired, or post up your agreement if they send you something which you are not sure is enforceable.

 

Hope this helps!

[eastlondoner]

I have forgotten where I found the template, but I hope nobody minds me sticking it up here...I am hellbent on sorting out my very lame link posting skills!

[bones01]

thankyou thankyou thankyou , i am useless at using this , have just been on the dummies guide and still confused ...

I will send the letter and when get a respons ewill stick it on so can get some help if that would be ok . thanks again

[Desperate Daniella]

Hi Bones,

 

This is an excellent site, and is keeping me sane. There are loads of us waiting for the Morgan Stanley original agreements. Barclaycard will probably respond to you by sending you a copy of their own Terms and Conditions, and then argue at the next stage that they only have to supply details of the original agreement, not actually provide a true copy............. Thankfully there are loads of letters on this site to help you through it.

 

Good luck.

 

DD

[bones01]

thanks Daniella that great to hear that there are others in my boat ! , its nice when you can get advice of what to do because their bullying tactics are quite daunting and can make you think twice about weather they are really in the right or not . so hopefully with the excellent advice and support of this site then i will be able to follow through what i set out to do ...... let me know how you get on good luck so i know what to expect as the next stage of what they will try . Good luck again with yours

thanks bones x

[bones01]

hi all ,sorry it taken me so long to get round to this babies and all take up a lot of your time .... I have sent the cca request of today , So i ahve to wait 12 + 2 days ( working i presume ) . Then what do i do . ?

I have missed my last payment , just due to being a bit short this month and they said that they will give me 2 weeks before they contact me again . Will this matter , as i will catch up proba t the end of this month ??? .

Thanks so much for your help really apprecite it , and is great to hera stories of other , as you think it is just you in the situation ... thaks again

bones

 

 

 

any one there please ::)))

Edited February 16, 2009 by bones01
no response so just re asking for help please :)

[slick132]

Thread moved to BC forum.

 

[bones01]

hi all just wondering if some one could just clarify things for me .

I have got bc on the phone reg as they demanding payment and i am trying to bide my time waiting for their cca ........

Do i have to wait 12 +2 days from whaen i sent it or 12 + 2 days from when they signed for it ????

Am i right in thinking it is working days as that is what i am working on ?

 

They signed for it on the 10th feb but i sent it on the 7th (sat )

also is there a particular letter to send to bc about account in dispute or just a template from the library ???.

Just so have got it ready and can get them off my back ....

thanks again

[slick132]

Hi Bones,

 

It's 12 + 2 working days.

 

However, it won't matter a jot because they'll only send you T&C's in response, and say that fulfills their obligations under CCA 1974.

 

See link No2 in my signature below about using the CPR route instead.

 

[bones01]

hi slick thanks for your reply , i have had no respons of them yet and there dead line is thrsday.

So on thursday if i have not recieved anything i should put my account into dispute ???? just making token payments ???

if i do recieve t&c can i still dispute and pay token payments until they send a proper agreement ?

and then take it from there as to weather it is legible or not ?

thanks for your help again

[slick132]

Hi Bones,

 

Whether you pay nothing or make token pay'ts, Mercers will start contacting you demanding pay'ts.

 

If they've not replied at all after the 12+2 days, just stop paying them, or pay what you can afford if you want to.

 

Read up on the CPR route.

[bones01]

CPR route ??? i might be being daft here but am stuck ?

habe had rwad up on lots off different cases involving BC and they seem to dispute it after 12 +2 , some make token payments some dont .

Have saved a copy of a letter in dispute from one to send is this the best route for me to follow now , sending this letter next ?

 

Can you please explain where it is to have a read so know for future ( have had a look on library and active threads on home page )

thanks again

[slick132]

Hi Bones,

 

I mentioned in post #15 to read about the CPR route.

 

It's in my signature below - Link No2.

 

[bones01]

excellent thanks , have got the letter now is this the right one ?

Dear Sirs

 

Account number

 

I write with regards to the above account with your organisation.

 

I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as i have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.Additionally i require the underwriting sheet or other document showing any commissions paid to you by the broker or by you to the broker

 

(If you have any other reasons why you need the agreement such as misselling of PPI Add it here)

 

obviously if the agreement is improperly executed i would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

 

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances

 

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

 

I do not view this as an unreasonable request given that by supplying the document which i have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

 

I look forward to your reply and wouyld ask for a response by 4pm on XXXX Date ( Give 21 days to respond)

 

Regards

 

 

will amend accordingly adn send tomorrow as their 12+2 days is up tomorrow ...and have not recieved anything at all , so

 

 

am i right in taking it that my account will be in dispuite by sending this letter until they send CCA weather legit or not ?

so i will make no payment s?

 

thanks for the clarification , just a bit scary when you going in to the unknown for the first time just want to check am going on write track

thanks

[slick132]

Hi Bones,

 

If no reply to your CCA request after 12+2 wkng days, the a/c is in dispute, although that may not be as clear cut if they reply with copy of T&C's.

 

This new letter will place the a/c into dispute in a different way.

 

If you decide not to pay them, they'll start calling etc and threatening all sorts of horrors !! But we believe you are within your rights to consider the a/c in dispute and, therefore, not pay.

 

They'll continue to add charges and interest until hell freezes over, or the case is resolved, possibly by court proceedings.

 

In any event, you ARE on the right track, along with thousands of others who are learning how to stand up to theses banks.

[bones01]

hi again

 

right so let me just clarify what i do .....

as not recieved anything not even T&C , i do nothing ?

Should i not write to them formally telling them as they have not responded it is in dispute and to ad no charges /interest or pass on ?

as would rather have made someone aware than explain to the numerous callers from there ...

 

i have also printed off a harassment by phone letter to send to them to stop ringing , is that advisable as well?

 

so dont use the other letter at all .......

thanks

[slick132]

Hi Bones,

 

Send them this letter to confirm that you regard the a/c as In Dispute - http://www.consumeractiongroup.co.uk/forum/barclaycard/167584-barclaycard-no-cca.html#post1805429

 

They'll disagree with, or ignore. it but send anyway. Include the phone harassment ltr in the same envelope.

 

Whenever they call you, tell them your incoming calls are now being recorded and they should ONLY write to you, refuse to do their security checks and hang up.

 

Also, send the CPR letter by Rec'd Del'y to this address:-

 

Barclays Bank PLC t/a Barclaycard

1 Churchill Place

London

E14 5HP

 

It's really up to you about making payments. I suggest you stop now if you wish but review this if they say the a/c is NOT in dispute.

 

I assume you're keeping copies of all your letters.

[bones01]

oh your a star , thanks that what i wanted to do just for my peace of mind so , i know have told them

am giving them till tomorrow to send something if not in post am send ing both letters recorded delivery....

Dont thnik they will take a blind bit of notice but hey at least i know i done what i am supposed to .

Yeah am keeping a saved copy on my comp of all letters and all reciepts of proof of postage ...

Thanks for you help will keep you informed

[slick132]

Yeah am keeping a saved copy on my comp of all letters

Maybe print out a hard copy of each letter in case of Computer failure.

 

Belt and braces !!