Sorry to take a while in replying...... Others may say different but I would ask them in a letter, recorded delivery of course.......

Contractural interest AND 8% I like it!!!!!!!

I am expecting a phone call from Barclaycard this morning chasing last months payment........... I just wanted to post a 'script of the letter that they sent me a while back....... when I asked for a true copy of CCA, they sent me 2 printed A4 pages, stapled together of terms and conditions (nothing at all personal to me, no name, signatures at all) and a bad copy of my application (see above) I asked for another as the copy was so bad, and they sent one very slightly better, along with this letter. I don't think they have fulfilled their obligations, this is an application form and a copy of terms and conditions, that tbh could belong to anyone. Nowhere in what they have sent me does it mention my interest rate, my credit limit, terms of the PPI that I seem to have requested. Correct me if I am wrong, but all this does is prove that I applied???? NOt what final terms were imposed. 3rd May 2007 Mrs Standingupformyself adres....... Our ref: blahblah Reference SECITION (there spelling mistake, not mine!) of the Consumer Act 1974 Barclaycard Account Number ***** Further to your email dated 1 May 2007 regarding the copy credit agreement that was sent to you on 30 April 2007. I regret that you are unhappy with the illegiibility of the Agreement, therefore please accept my apologies. As requested, please find enclosed duplicate copies of your Credit Agreement. I have sent various copies to you in order to acheive the legibility that you require. Please note, the Consumer Credit (Cancellation Notices and copies of documents) regulations 1983 make clear that there is no requirement for the copy of an executed agreement to contain the original signature box; therefore we have in event, gone beyond our statutory duty in providing you with a copy of the signed application form. I trust that this will be suitable in order to complete your enquiry, however should you require any further assistance, please do not hesitate to contact me. Yours sincerely, Hleen Gould Court Orders and Disclosures Clerk

Thank you Noo... I have looked at that post now, I intend to write to Barclaycard on Monday giving them 14 days to produce the true copy of the CCA, (I am certain that the application form was the only form I ever signed) After that I will report them. Meanwhile should I pay the bill I wonder. I owe this months and last months, only £57................ advice needed from anyone>>> Thank you

Thank you OUt of Cash and Dave. What should I do? Should I contact them to tell them I received an application form and not the CCA I requested?

Has anyone heard anything about Chichester or Portsmouth courts?

I am probably asking a simple question here, so bear with me... I am hoping to file with the court next week with one of my claims. I live very near one court and not too far away from another, so presumably I have the choice of filing with either (I will phone them first though and check that all is still running smoothly with them) BUt if one of them is accepting "stays" it is probably not a good idea to file via MCOL just in case? Have I got this wrong? bear with me please!

Yes............. you definately need proof. When you sent off for your SAR did you receive a print out of charges or full information of your account, because if you received the latter surely the proof you needed would have been in there?

My original limit was £1000

Thanks Dave for your advice, anything to add yet on the POC?

Hiya Dave. I will, and am actually looking forward to it... I have been upstairs hoovering this afternoon, with the handset in my back pocket just in case I didnt hear it ring...

I know what you mean.... I only joined this site February/March this year, and have already won three claims, without having to go to court, in the mbna forum I am giving out advice left, right and centre! Its amazing what you pick up along the way! I am seriously un-stressed about this. I think that it helps that this debt is not actually mine, but my daughters, and I have got the strength to deal with it without letting them intimidate me. I will deal with my daughter shortly (but that's a different matter!) Again, thanks for your help. I will update you if they phone back, although they phoned at 9am ish this morning and havent tried again since. Annoyingly though I am going out for a couple hours this evening, must warn hubby and other kids not to answer the phone. Fortunately Marlins do not seem to do Call Witheld, so that's a start. xxx

thanks Delfi and Harry, Your advice is appreciated. bless u xxxxxxxx

Hiya Hopeful. Sounds like you are in control these days... excellent, proud of you xxxx I have had a similar phone call this morning from a very rude and arrogant collection agent. He wanted to speak to my daughter (who doesn't really live at home, and has previously told them to phone them on her mobile for that very reason) I answered and said she wasnt here, he asked me if i was sure, and who was I? I told him that he phoned my number and I wasn't going to answer any questions about myself....he then continued to ask me if I was sure she wasnt in, and who was I. I told him I was going to put the phone down now, he replied saying he would phone back later. I cant wait! I have a note by the phone, ready to give him every answer in the book. Stay strong Hopeful, you are doing brilliantly.

I'm actually looking forward to the next call............. I will re-iterate that they are not to phone this number, and that I consider it harrasment. I will ask the "agent" for their name. On the basis that they will not tell me why they are phoning (even though I already know why) I will not give them any details about my daughter, because they could be anyone. The beauty of these forums are that we are now so informed. I do wish I had known before about all this, the hell these companies led myself and my husband a couple of years ago. On a more serious note, I will get on the case with my daughter, she must deal with her debts. Does anyone know what Marlin are like as a company? Are they likely to send collection agents to the door?

Just had an interesting phone call this morning................... "Can I speak to ****** please?" Me: No, I'm sorry, she's not here at the moment, can I take a message?" "when we she be in?" Me: I'm not sure, she is rarely here" (My daughter pretty much lives with her boyfriend and has given them her mobile number, telling them not to call our home number, cos she is never at home" "Why not?" Me: "Who is this please?" It's Marlin ( debt company I presume) she knows who we are Me: Ok, I will tell her you called Who is this? Me: (by this point not liking the aggression in his voice) What do you mean who is this? Who are you? Look, you phoned me, you asked for ***** and I have told you she isn't here Who are you? (his voice was raised by this point) I am sorry, you phoned this number and I am not giving you any details about myself, ** has given you an alternative number Who are you? What is your name? I object to this phone call, you have asked for ** and I have told you she isn't here, why are you continuing to ask me questions Who are you? I am **'s mother, she isn't here, as I have already told you and I object to you phoning this number and asking me for details about myself. Are you sure that's who you are? I am going to put the phone down now. I will phone back later These people are so rude..... and I don't doubt they will phone again later on. I will get in touch with my daughter to make sure she contacts them, but I will also tell them in no uncertain terms that they are not to phone on my home number again.. How can they phone me and ask me questions?

I came across this link this evening........ Apparantly some judges/courts are allowing cases to be stayed whilst waiting for the "Test Case" can anyone that reads this post this onto their own thread, there are only 40 odd signatures on it at the moment, surely we can help this? Petition to: Ensure UK citizens have the right to recapture illegal bank charges up until the day a UK court find them legal.

signed it......41 now... That's not many, think we should place the link on our own threads,

I am utterly fascinated, it seems excellent, but categorically (?) I am no expert, and hope to see someone with more knowledge than myself cast a critical eye over your POC.... It seems brilliant, perfect................

subscribing xxxx

Lovely to see you again Jackster! Wednesday and I have been lapping up a lot of information with a lot of help from very knowledgable people on this forum............. keep in touch with us and jump on our bandwagon, there is more than enough room! xx

You are very welcome. I will subscribe to your thread.... I am not sure about them saying to you that they are only negotiating at court stage........... I think it is to do with circumstances, I beleive they negotiated with me because they did not have the CCA, and they were in a no-win situation.... I think others that are reclaiming charges who have the CCA are having to go through the court stage. Look forward to reading your postings.... keep in touch xxxx

keep trying please. we are lapping all this up....................

Glad you got your priorities right lol Yep, pretty sure it was Barclays, but maybe I will phone the number and see who answers I know what you mean, I started mine all off together too....... It seemed like a good idea at the time, Yeah! I'll take on yours for you............ I fancy the comission!

I can't add anything to it myself...but it seems impressive.... There is a chap on the CCA forums Peter Bard (something like that?) It would be a good idea maybe to PM him and ask for his input, he seems to really know his stuff... and MrFirewalker and Josie should be along soon, no doubt... My personal opinion is that you really seem to have got the legalities and examples/references sorted out nicely. xx