I'm only £35K in debt with no chance of ever paying it back and feel like topping myself on a regular basis ..... But this poor guy must have been ripped apart inside. It's disgusting what these scumbags do to people

Not sure if this is the right location for this thread, but please move if need be. After neearly two years of letters and complaints to Barclays and the FOS I finally have some good news. The missold PPI on my Barclayloan has been returned. The remaining amount removed from te outstanding loan and all the payments I made returned to me with 8% interest (total nearly £1.5K). ALSO, the missold PPI on my overdraft has been returned too! 15 years of little payments when ever I went overdrawn soon add up and with 8% on top Barclays have repaid me nearly £2K!! If anyone has overdraft protection (basically PPI under another name) that they didn't ask for I suggest you reclaim it. I was forced to take out as part of the overdraft agreement, so totally mis-sold. Now all I need to do is work out how I'm gonna pay the actual loan! Thank you CAG

Hi Redfish, No, I got it from a SARs request. My CCA requests (many of them) have only ever turned up unsigned T&Cs. This has been going on for a while. I have other threads on here too. Main one here:- http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162487-hello-newbie-need-lots.html

Can I have your opinions on what you would do here? I never signed an actual credit agreement, just the AF. But the FOS want a response and I don't know what to do for the best. http://www.consumeractiongroup.co.uk/forum/general-debt-issues/245250-cca-1974-2006-updates.html#post2841184 cheers, samcam

So, once a year all they have to do is send you a letter reminding you of the debt and the 6 year clock restarts? What's the point of that!?

OK. I wrote to the FOS again say that this wasn't a credit agreement and it wasn't enforceable, blah, blah. They just wrote back saying yes it is and also, even if it wasn't, they take the view that "you borrowed the money, now you have to pay it back". They're not interested in paperwork or little things like "the Law". They contacted Barclaycard and made an offer on my behalf even though I specifically told them I didn't want to make any offer of payment to them! BUT .... Barclaycard have agreed to let me pay £1 a month for 6 months with no interests added. Then if I go through a debt counselling service they may accept minimal payments. They will also pay back the PPI plus 8% on the card as they accept this was missold. The card debt is currently about £12K PPI payback will be about £1.5K They have no signed credit agreement (because I never signed one - only the application form) and my wife and I are on low income and have no way of paying this back..... SO WHAT WOULD YOU GUYS DO!? Would really appreciate some opinions. My biggest concern is that the courts suddenly start taking the moral high ground and start making people pay back debts/say they're enforceable, even without the correct paperwork. Hope to hear from you all soon, SamCam

I have a complaint about the FOS. They are not interested in anything we say!! They sent me a copy of an application form that Barclaycard had sent them. I wrote back saying "sorry, this is an application form, not a credit agreement". Their response was "it has Credit Agreement written on it, so it must be a Credit agreement". They also say they don't care if we have an agreement or not! Plus, they say it's for ME to prove the debt is unenforceable, not for Barclayshark to prove it IS enforceable. They suck! See my threads here. Any advice greatly appreciated:- http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162487-hello-newbie-need-lots-5.html http://www.consumeractiongroup.co.uk/forum/general-debt-issues/245250-cca-1974-2006-updates.html Cheers, SamCam

I sent a letter to FOS stating that this wasn't a credit agreement and was unenforceable. There response was that because it has "credit agreement" written on it that makes it a credit agreement! Also, the FOS don't care if there is a credit agreement or not! Here's there letter:- http://www.campbellphotographic.co.u...etoCCA0001.jpg

I sent a letter to FOS stating that this wasn't a credit agreement and was unenforceable. There response was that because it has "credit agreement" written on it that makes it a credit agreement! Also, the FOS don't care if there is a credit agreement or not! Here's there letter:- http://www.campbellphotographic.co.uk/images/FOSresponsetoCCA0001.jpg

Hi Everyone, I've done a lot of reading on here and I'm pretty sure the application form Barclaycard sent me as an "executable agreement" is totally unenforceable .... but would really appreciate your opinions. My thread is here Cheers

Hi supasnooper, This is what I was sent:- http://www.campbellphotographic.co.uk/images/application0001.jpg Yes, that's how clear it really is! At the bottom by my signature I think it says "This is a Credit Agreement regulated by the Consumer Credit Act 1974. Sign only if you want to be bound by its terms". Nothing else is really ledgable and there are certainly no Prescribed Terms or APRs, interest rates, etc. Just because it says "Credit Agreement" by my signature, does that mean they can enforce it?

Hi, Not sure if this is in the right place, but .... I complained to Barclaycard about Harassment, etc. brief details here They ignored me, so sent it on to the FOS. The FOS said sorry apart from the OFT and CCA breaches nothing else in the complaint (i.e. harassment, threats, etc) has anything to do with them. So ... who are we supposed to complain to about harassment and threats, etc?

Not sure if this is the right place to post this, but could do with a little clarification. ----------- I had a card with Barclaycard since 2000, which for various reasons I've been unable to pay. BUT .... I never signed a credit agreement with them - only an application form. At the time I took out the card, it would have been regulated by the Consumer Credit Act 1974, which we all know has section 127, sub section 3, which basically says "if you never signed a Credit Agreement, there's nothing the Banks can do about the debt and the courts can't help so **** off" .... or words the that effect HOWEVER .... the 2006 version the Consumer Credit Act appears to remove section 127(3), but also says:- The repeal by this Act of— (a) the words “(subject to subsections (3) and (4))” in subsection (1) of section 127 of the 1974 Act, (b) subsections (3) to (5) of that section, and © the words “or 127(3)” in subsection (3) of section 185 of that Act, has no effect in relation to improperly-executed agreements made before the commencement of section 15 of this Act. Does this mean that, because I took out the card BEFORE 2006, I'm still covered by the 1974 Act and Barclayshark can go jump? At this point someone please say "Yes, you're covered, BC can go jump, good luck in court" !! Cheers SamCam

Great, just got back from shopping and we've had a late post. FOS has sent through the sign "credit Agreement" ............ It's a copy of the original Application Form!! HAHA. Not only do I already have a copy of this ... it's completely worthless in terms of enforcement. Yipee!

Well, FOS finally responded to me about my complaint to Barclaycard I sent Barclaycard a complaint which they ignored, so sent it on to the FOS. FOS say, sorry apart from the OFT and CCA breaches nothing else in the complaint (i.e. harassment, threats, etc) has anything to do with them. More worrying is that the guy I spoke to at FOS says Barclaycard have provided him with a signed copy of my credit agreement:!: I don't remember ever signing one and for 2 years I've been trying to get one from Barclaycard simply because I was sure it didn't exist. now apparently it does. BUGGER The FOS are sending me a copy of it. If it's real I'm screwed. With charges and interest my balance is now around £12K. No way I can pay that back. Oh well, Bankruptcy here we come I'll keep you all posted as to what turns up.