My card isnt with goldfish its just with Barclaycard and surly the cfa will want to know why i feel the data is incorrect? also do the CFA have the power tell barclays to remove my data based on the fact they cannot find it ? also what if they do find it send it to the cfa and it is simply unenforceable? only a judge can do that i have been told?

hi citizenb is the CPR31.16 the initial letter sent off to request a copy of your agreement ?

ah yes i bet thats a tricky one ! my barclaycard is stand alone i bank with someone else thankfully. im sure someone on her could advise you on whats best to do though:)

uptoneck do you have a barclays bank accoun then?

Umm i see car so the FSA is a waste of time as is the information commision! oh well lets just wait and see what they come up with no doubt just the usual like everybody else!

No im not talking about asking them to make a ruling on enforceability but they can certainly demand that barclays fulfill there legan obligation to provide me a copy of my CCA and if they dont i can complain to them they are in breach of this and ask them to pursue it and then stop payment this would also show very completly that the account was in dispute so if they still passed it to a DCA this is a further breach is it not?

Thats what i mean Car so are you saying the only way to get this all resolved is to force them to take you to court? because how or why would they do that unless you stopped payments? which brings me back to continuing payments but when they fail to provide what they have to then taking this up with the FSA OR (AND) OMBUDSMEN so that there is more pressure on them then maybe stop paying if the ombudsmen say they have a case against them this i think would also make it less likely to go to court if i have further evidence from another authority body which may just make them give up at that point if i write a letter and say i will be making no further payments

So from your post car are you implying that stoping payments is just another neccisary step as this forces them to make more mistakes? i dont really mind going to court but like you say for me i have to be 100% sure i have a cast iron case !

Yeah it seems a funny point really because i understand you may need to stop paying to put the pressure on them, after alll if they ignore your requests and you keep paying i dont guess it will go much further! i was wondering though if maybe you could keep a record of the letters sent and the details of dates etc and any correspondence and after you have given them may be 2 months so 2 more payments you could go to the ombudsmen and pursue it that way and avoid all the chasing etc and maybe then once it was in there hand you would be in a better possition to stop paying once you receive word they are looking into it this may encourage them maybe not to pas it to a DCA and deal with it as they should ??????????? i dont know just an idea any thoughts????

Hi dave good to hear that! when did you take your agreements with barclaycard out? also how long did it take you with them and did you have to go all the way to court to get them declared unenforceable or did they give up before hand ? did you follow whet everyone has done here i.e requesting CCA then a follow up then stopping payment and being chased by a DCA etc any advice or things you did you would advise me to do? or things you did you would do different if you had to do it again? Thanks dave

Yep will do jeff ill need someone to have a look and give me advise on it so ill get it on as soon as they send me anything !

Yeah sent it off today so im hoping that they will get back to me but who knows ! i have a follow up letter ready though

hahahahah well ahead of me car

Hi jeff yeah started it not had many coments yet though

I think so iv read a few car so iv looked at the templates they used and tried to see if that will help so fingers crossed! i guess we will find out when they send me something back, if they do of course! id be happy with a deal out of court but just have to see what they come up with im sure ill have something to scan in and hopefully someone can take a look and see and give me some advice:confused:

Thanks for that Car and jeff and anyone else who told me there outcome. well im going to send Barclaycard a CCA letter today, iv heard a few people have managed to get them to just drop the debt quite quickly purly through letters but im sure this is very rare! :-| i have my first letter to send and i ahve the second one for when they dont reply in time as im sure they wont lol! i have read a few barclaycard threads but if anyone has delt with them in hear and has any helpful points please let me know guys and girls!

This is what i mean jeff "they withdrew there claim" lol what is that supposed to mean ? you no longer have to pay for the credit card? it has been reduced? you won some money back? and what do you mean with certain provisions? this is the problem i have it seems a very long process and no one seems to be able to say " yep at the end they walked away it was cancelled and i havent had to pay anything to them again" i certainly couldnt go through all this to find out that it cost me alot of time and effort for very little outcome

OOGreena credit card companies would have a hard time requesting full payment and demanding it within 14 days lol and on what grounds ???????? they still have to legaly give a reason for doing so. Also it makes absolutly no difference whatsoever to wheather they have to provide a legal document as requested. How would you expect that to work lol??? if there is no enforceable agreement in place how can they demand you stick to a condition on a basicaly flawed document? answer, they cant. The process people are describing now would be exactly the same in any case im sure credit card companies may try this as a scare tactic. But it would be just that if the agreement was unenforceable and didnt meet proper legal requirements. and if payment wasnt made and you went to court they would still have to produce said document. If these companies could produce enforceable contracts they would not waste time emplying a DCA to chase you and then wast time in court. They would send the agreement as requested and which would meet all requirements and credit card holders would simply continue paying as they should. do you by any chance have any affiliation to a credit card company lol

car I mean if i pursue the fact my barclaycard is uneforceable and they take me to court what would i have to pay ? i have been refered to various barclaycard threads now by helpful people where it states they won am i missing something though because i cant seem to see what they actualy won?????????? are they saying yes they were uneforceable and had no further payments to make ? did they just get charges back and class that as a win? did they just get a very small F&F I dont seem to be able to see on any of these threads what the final tangiable outcome was financialy or legaly ? I think this is probabily just me not understanding the terminology but can someone help me out what did these people actualy finaly achevie from there months of hassle?

thanks car points noted so if it did go to court i would have a fee to pay? and how much is that if they took me? Jeff read through your thread and im not sure really what the outcome was lol i am new to this so was it a case it was deemed unenforceable and you didnt have to pay the balance any longer? or did you just get charges and ppi refunded? Thankx

Car2043 have you had any dealings with Barclaycard or know anyone who has ? is it best to assume if i cannot get a true copy of my CCA from them that it would be unenforceadble? from the threads iv been reading it seems to of taken most people about 6 months to get through this whole dance would that be your experience? and am i to assume that if they take you to court which they would almost certainly threaten to do, how would the cost work ie do they have to pay any charges for that to take you? and do you know anyone who has gone to court and lost in this situation? kind regards:)

Hi car2403 if a court order is not obtained to declair the debt unenforceable then how do the situation end or are you just constantly chased or do the ccc do a f&F and leave it at that ?

Alisindebt do you have an equaly good letter that i could send in a first instance to request my cca ???? thanks

Yes sunray seems to be the same for most of the credit card companies they run you ragged over and over and drag it out as long as possible i have not read of one single person who has recevied there original document as it should be yet!

Yes i know the procedure for all this now but it dosent seem to matter really they wont send them in any of the cases iv seen on these threads and to be honest if by a miracle they did i wouldnt have a clue what i was looking at