no there are are not any charges of or ppi.

ok, i have been writing to barclaycard with help from here , i first asked for a copy of my cca and got the normal terms and conditions so i then sent them a sars request. I have had back statement copys and letters but no copy of my cca but the leter that came with the pack said this is all we hold on you. At the moment i am keeping up with payments on the card but do you think its time to challange them over the cca not being available. The card was a goldfish account that barcleycard took over so i wonder if they have the records as they have not even sent any goldfish statements but barclaycard. Is there a template i can you. will it put the account into default. Not sure where to go next

i want to also change because it sticks out so far that we struggle getting things up the stairs as that where it is and we have an old cottage so the stairs are tight anyway. if a digi one was fitted it would sit back better. is there a way of making the thing stop so i can get themto do because its not working, what do you need to do before they will change it. i told them i can read it very well because of my eye sight and they said thats not a reason to change it.

Hi , i had my old dial electric meter fitted jan 1990 and i am hoping to out how many years before the electric supplier has to replace the old meter, i want it changed because i now findit hard to read but they will not accept this as a reason to replace it to a digital one. I can not get any sence from sweb who are my local company who own the meter because they say i need to contact my supplier who is scotish power, scotish power say its not up to them and they dont have the details so i am being passed from one to the other. I hope someone can help

yes i sent letter 1, i did have the above letter but i think that must have been in response to my first cca request.

is that using the letter in link 2.

Hi, here is a copy of the letter recieved along with the BC standard terms. The say they have to give me a copy of my excuted agreement so how can a terms and conditions sheet be an excuted agreement concidering the original agreement would be a goldfish one anyway. should i now send the second letter on link 2 or is there something else i can do. I have sent them the standard with a £1 fee and also the first letter on link 1. It has a second page to the letter saying , This completes our obligation to you under section 78 of the consumer credit act 1974

i did get all my bank charges back from lloyds, natwest . i will keep banging away at them hopefully with the help of yourself and the forum

i will send the second letter off as you advised but from what you say i dont hold much luck, i think they know most of us dont have the money and know how to take them to court

cheers for that, i am also paying min payments and i think i will until i know i have a case, i do wonder if they even have the cca because when they took the goldfish accounts over there would have been a lot of data on accounts and i wonder if that why they do not reply, its like sending the BC terms, i never took or signed anything with BC so would that mean i have never agreed to BC terms. should they have writen to me stating they had taken on the goldfish accounts and asked me to agree to a new CCA with BC.

Hi, I have already sent a cca request which they replyed by sending me general terms but not a copy of my agreement, i then replyed but had nothing back, i then sent your template letter, all were sent recorded. How do i stand stopping payments. will it affect my credit.

well, time is up and not a word from them, this is so wrong. how can i make them sebd this. can i write to them and state that i believe the account isd now in dispute and i will not make any payments until i get a copy of my agreement. will i drop myself in it if i do this. I dont think they have it as it was a goldfish card taken out years ago and BC have taken over the account . help please

ok , will keep you informed, i have given them 21 days so it a be the end of the month before i know

Hi, Thanks for that, there is not any charges involved as i have paid the min amount every month , I have just sent a letter from your link 2 which ,like you said does not use the 1974 act, so i will see if that gets a response. Thanks for your help. PS i dont think i will use a lawyer . lol. do you think i should also start a cpr , i dont really know how to but if i did , what would they have to give me. Paul

hi, just an update, i have not had a reply to my last request to BC and i dont know what to do next, the only thing they have sent me is a copy of there standard T&C but they were Barclaycard ones and the original agreement would have been a goldfish one, can someone advise me what i can do next. i was thinking of getting a solicitor to write to them .

This is the one i sent Further to your letter dated 27 February 2009 In response to my request under the Consumer Credit Act 1974, the document provided is a standard copy of the current Terms and Conditions only. A copy of the executed agreement relating to the alleged account was not forthcoming. However, as I am sure you are aware, this does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, make any further charges to the account or pass the account to anybody else. I now request that the relevant documentation is provided in relation to the above account. I require a true copy of the executed agreement, the terms and conditions relevant at that time and additionally a statement of account providing a complete breakdown of how the alleged debt was calculated. Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies including any defaults. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data. I shall also be considering further action to recover unlawfully applied interest and charges that have been levied on the “Agreement Yours faithfully,

how do i take them to court, its not like a small claim as there is no money involved just a doc.

sent the letter off now so will let you know what happened , can i complain to the ombudsman and force them to give it to me.

Hi, I have posted else where on here but been advised to start my own thread so here it is, sorry about repeating myself but i thought i should outline what has happeded so far. I sent a cca request and only received the standard T&C back, the account was a Goldfish account going years back but seems to have changed to barclaycard so them sending a barclaycard T&C dose not make sense as i have never signed anything with barclaycard. The original CCA would be a goldfish one and i wonder if they would have it still, the amount of data that would have to be transfered from goldfish would be huge. what i have just done today is sent the following letter to them which i was told would do. Further to your letter dated 27 February 2009 In response to my request under the Consumer Credit Act 1974, the document provided is a standard copy of the current Terms and Conditions only. A copy of the executed agreement relating to the alleged account was not forthcoming. However, as I am sure you are aware, this does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, make any further charges to the account or pass the account to anybody else. I now request that the relevant documentation is provided in relation to the above account. I require a true copy of the executed agreement, the terms and conditions relevant at that time and additionally a statement of account providing a complete breakdown of how the alleged debt was calculated. Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies including any defaults. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data. I shall also be considering further action to recover unlawfully applied interest and charges that have been levied on the “Agreement Yours faithfully, I have also been told to apply for a sar , can someone explain what this is and why i should request it and how i go about doing this. Thanks and i hope someone can help.

Thanks vry much magda, i will be sending the on you posted and will let you know how i get on. thanks again

sorry but its all a mine field and i am sure they dont have them cca. maybe i shouldgo to one of these company's who know what they are doing. is there anyone on here who do it for a fee maybe

thats what i have been told to send, im not a legal man so i dont know

This is the letter i am sending them now: I wont stop makingpayments until i am sure they have not got the CCA, i will complain to the OFT which would mean they will have to gie me all they have. Thank you for your reply dated the 27th February 2009 but I refer to my letter dated 21st February 2009 which was delivered via Recorded Delivery . You have failed to acknowledge this request by not supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account. In my letter of the 21st February 2009. I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time Baclaycard purchased this account, along with any other documents mentioned in the credit agreement. You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974. The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. This time limit expired on 05th March 2009. As you are no doubt aware, Section 78(6) states: If the creditor under an agreement fails to comply with subsection (1) - (a) He is not entitled, while the default continues, to enforce the agreement; and (b) If the default continues for one month he commits an offence. Therefore on the 05th March 2009this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, I do not acknowledge any debt to Barclaycard . I require the following action from Barclaycard : 1. All payments made to date to Barclaycard for this account should be refunded in full, including interest at the rate of 8% per annum. 2. Removal of all defaults entered by Barclaycard. Note this is to be a complete deletion and not merely an amendment. 3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years. 4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group. If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force Barclaycard or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP. Data Protection Act (Data Protection Act 199 Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities. I look forward to your reply within 14 days to resolve the matter amicably. Yours faithfully

thank you magda for that, im a bit thick when it comes to all this sort of things, if what you say is the case , does that mean they will not be able to demand i pay the balance of the card, i struggle to make the min payment and have asked them to help out a bit by letting me have a payment holiday and they were not interested at all. should i stop paying or should i wait for a responce to the second letter i have sent telling them they have not sent the correct information. the letter i used is a template from here.

hi, i had a letter from barclaycards after sending off the template request and my postal order, all they sent back was a copy of there terms, one page and that was it. the credit card was with goldfish and barclays took over the account so i have never signed a barclayscard agreement. what do you think about them being able to enforce against me.