Hi Basa48, do you have a link to your thread so that I can take a look. I have a letter prepared to send to their debt collectors, Triton, saying that the account is in dispute, which I shall send Special Delivery. They have already defaulted me several times I think, because I stopped paying back in January this year. Roko20650

Hi all, Did a Subject Access Report on Tesco. I received loads from them but the only signed form which is the same application form that they sent me under the CCA request. This clearly states "Apply for" which Cerbrusalert felt was unenforeceable. I think therefore that they are not able to enforce the debt and therefore they and the Debt Collectors they have appointed are in breach of the Data Protection Act because they do not have a signed agreement, is that right? Where do I go from here?

Can someone take another look at this, although probably this is front and back of the same form, and all the prescribed terms appear to be there, this is a 2000 agreement and there is wording on it that says "By signing this agreement, you confirm you have read and accept the Egg Card Conditions a copy of which is enclosed. The Agreement will only be binding on us when we have completed our final checks and you have signed and returned the credit agreement to us". Is there any mileage in the fact that they imply that checks have not been completed? Just a thought as I can't understand how most of these agreements are unenforceable, but mine is? Roko20650

They were sent as two separate sheets, but that is probably splitting hairs as it could be an error in copying. Do you think there is any point in writing again to them and asking that question, would they tell the truth or should I make an offer of payment to them to avoid a CCJ? Roko20650

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Thanks, Stressed 150m Yes I will do what you suggest. Both my husband and I have Barclaycards independently and they have just sent the exact same stuff to him. Just statements. I will write again and send Recorded and post here what there response is. Do you know what happens whenthey exceed the 40 days and they have in my husband's case?

At last after having sent a Subject Access letter I have now received a pack from them. However, my letter was dated the 20th May and their reply was dated the 30th June, sent Special Delivery and I did not actually collect from the post office until today 3rd July, does that make them out of the 40 day time limit? Anyway attached is the letter they sent together with a copy of something which was signed by both myself and husband. Can you tell me if in your opinion this is enforceable? 90630 ltr and DSIR Egg.pdf

Hi Stressed150, The letter I sent is the very comprehensive one in the templates which clearly asks for everything they hold as you suggest above, and they have confirmed in their letter "this is all the information you hold" but that cannot be the case. I have had telephone conversations with them in the post requesting them to reduce the interest rate etc and they should be able to reproduce all that. So I'm suspicious. As I sent the request on the 20th May the 40 day period is now up. Do you know what happens now? Roko20650

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Hi All, Now received a reply from Barclaycard to my Subject Access Request. I sent it on the 26th May and received it yesterday. All they have sent me is copies of statements of my account back to Jan 2004. There is nothing signed, no forms, no T&C's although the latest versions of these has been received before. They confirm in their letter that this is all they hold! What now, can they enforce the debt if they confirm they have nothing signed and are they allowed under Data Protection to pursue me through debt collector? I have been receiving regular calls and letters from Mercers who are threatening by phone call and letter to instruct local debt collectors to call at my home! Help and advice please on next step. Roko20650

At last I have a reply from Barclaycard following my Subject Access Request lettersent on 26th May by Recorded Delivery. All they have sent me is copies of my statements from January 2004. They say in the letter "This information we have enclosed relating to this account is all that we hold." So they have never sent anything other than T&C's before. I have been getting serious hassle from Debt Collectors who say that no matter what I say the debt is enforceable! But if they have not got anything signed who can it be? Are they in breach of Data Protection for having passed it onto Debt collectors? What now? please help. Roko20650!

Hi all, Some more advice please. Have received loads of calls and letters from Mercers and have in the main ignored, however, sent them a Subject Access Request on the 27th May, I think recorded delivery. This letter has crossed with that. What now? Do they still have to reply as their letter attached says they will not enter into correspondence any more with us because they have supplied what they are required to do. 90528 Barclaycard DA.pdf

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Hi All, Just a quick with the latest letter about Barclaycard from Mercers, have not yet had time to read your link Sm37 will do later this evening, in the meantime what do you think of this, had anything similar, some advice as to what I should do next would be helpful. Roko

Hi All, Having sent a second tel harassment letter and a letter pointing out that the account was in dispute and therefore they should not be defaulting me, I have now received this. Should I now ask for a Subject Access Report? If so, how do I get this information. Help! Roko

Hi, thanks for the support and the info. I will take a good look at your link about not using CCA, my husband and I have a Barclaycard each so it might help to elicit more info from them. Roko

Hi Basa, yeh there was nothing on mine either, that I could see, but possibly there are indicators that prospective credit givers would know and you and I would not. Roko

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Trying to find my around the site, but how will I find other people with Sainsbury cards with similar problems. Roko

Evening all, just reading your threads in the hope of gaining info I can, but I may be able to pass on my experiences so far. My husband and I both have Barclaycards, we are a little ahead of you I think, sent CCA letters to both, response was only to send T & c's back nothing signed. Account in dispute letters sent and then Tel harrassment letter, because of the amount and frequency of calls. Take a look at my thread it may be of help.

Many thanks, I'm learning all the time, hey ho, just keep going. We certainly are up against it, but the tables are turning, the banks are receiving a "bloody nose" from all sides at the moment and not a moment too soon. But "being a dummy again" can you complain to trading standards as soon as you receive the first £12 penaltiy after the account is in dispute? Do you have to wait until you get a Default notice? What is the difference, is there any? Roko

Hi, I'm fairly new as well. The advice, help and encouragement I have received has been so welcome and has made me stronger. I am a little ahead of you I think, sent CCA requests, issued Account in Default letters and now telephone harrassment letters. Another thing that may help with any accounts you find are enforceable is to get a budget sheet available from CAB and write to those people offering a small payment, which is where I'm now at, that may keep them off my back. Best of luck. Roko

I have stopped paying all of them, so I can assume therefore my credit file is well and truly marked, I have had £12 penalties on a couple even though they have received Account in Dispute letters from me, and NWB CC are threatening to issue a default on one of my husband's can they do that when the account is in dispute and, how would you stop them, whilst its in dispute? I probably being a dummy here but things are only sinking in slowly!! Roko