hard time, not working cant afford to pay shall i justleave it for now and just ignore them

I have received a 3 page letter from barclaycard today, very complicated one I think. Am not sure what the next response should be. Please someone advice. The letter as follows : Dear Mr xxxxxxx BARCLAYCARD SERVICES ACCOUNT NUMBER XXXXXX Reference : Section 78 of the credit consumer act 1974 I write further to your letter whereby you note dissatisfaction to the documents you received in relation to a request made under section 77/78 of the consumer act 1974 Firstly, credit cards are regulated under section 78. Section 78(1) of the Acts states that the creditor shall give the debtor a copy of the executed agreement and a statement of account which is practicable to refer. Regarding a statement of account which is practicable to refer, the letters which we send in response to a section 78(1) request includes this information. To cover the issue of executed agreement. How does the Act define an “executed agreement”? “Executed agreement” is defined in section 189 of the Act as, “a document, signed by or on behalf of the parties, embodying the terms of a regulated agreement”. What do the rules say about providing a copy? The consumer credit (cancellation Notices and Copies of Documents) Regulations 1983 (“the regulations”) made under the Act deal with how we are to provide a “copy” of an agreement supplied to a debtor should be a ‘true’ copy. Regulation 3(2) provides that a copy may omit certain information, which allows you to be provided with a true copy, not a complete copy. What happens if the original agreement has be varies since it was originally signed? The regulations also set out what should happen where the agreement has been varied since it was signed. Regulation 7 provides creditors with a choice of including in the copy of the executed agreement either a copy of the latest notice of variation relating to each discrete term which has been varied, or an easily legible statement of the terms varied. Regulation 7 does not state that the copy of the agreement shall include a statement of the original terms as well as a statement of the varied terms. Regulation 7 allows us to provide you with a “true copy” which sets out the terms and conditions current at the time of provision of the copy. Conclusions in relation to the document we have to provide A “copy” of an agreement will satisfy the requirements even if the signature box and/or the signatures are not included as clarified by regulation 3(2) of the consumer credit (cancellation notices and copies of documents) regulations 1983. The definition of “executed agreement” refers to a document embodying the terms of the regulated agreement. When this is read with regulation 7 - for agreements that have been varied - a copy of the original agreement would not embody its terms. A copy of the agreement as varied would embody its terms. The issue of what is an executed agreement has been interpretated in High Court. It was held that an executed agreement begins as the credit agreement which is sent to the cardholder when they receive their credit card; therefore, establishing what is the original executed agreement. When the agreement has been varied, Regulation 7 mentioned above applies. To summarise, if the agreement has not been varied, we must send the original executed agreement; this would be the agreement which is currently regulated. If the credit agreement as this will contain the terms of the regulated agreement. We have sent you this and the original executed agreement for reference. To address any issue about our lack of compliance with section 60 of the consumer credit act 1974. Section 60 relates to the form and content agreements. All Barclaycard credit agreements are in compliance with this. You may state that the application form which we provided you, for reference, when you made the request under section 78 does not adhere to section 60. This is not a complete copy of your application form, but rather an excerpt to show you signed a contract with us. When you completed your application form, the document would have been presented to you in full, in a legible form, and would have adhered to the requirements under section 60 of the consumer credit act 1974. I hope this letter has helped with your concerns about the documents you have been supplied with under section 78 of the Consumer Credit Act 1974. As our response fulfils the obligation under section 78 of the consumer credit act 1974, you should carry on paying the debt you have accrued on your account. We do not class the account as in dispute, you have been supplied with the relevant documentation under section 78 of the consumer credit act 1974, and we will carry on with collection services. If you send us further correspondence questioning compliance with these areas of the law, we are not obliged to respond beyond the statutory response we have already given you. We would require you to provide comprehensive legal and documentary evidence to support your claim to ascertain whether response is necessary. Yours Sincerely Katy Bateman Barclaycard Customer services

i am not claiming in charges, i requested by cca, they sent me a blank agreement with terms and conditions. i then sent a letter of dispute and they replied with this letter. would like to know what should be next move

hl

I have received a 3 page letter from barclaycard today, very complicated one I think. Am not sure what the next response should be. Please someone advice. The letter as follows : Dear Mr xxxxxxx BARCLAYCARD SERVICES ACCOUNT NUMBER XXXXXX Reference : Section 78 of the credit consumer act 1974 I write further to your letter whereby you note dissatisfaction to the documents you received in relation to a request made under section 77/78 of the consumer act 1974 Firstly, credit cards are regulated under section 78. Section 78(1) of the Acts states that the creditor shall give the debtor a copy of the executed agreement and a statement of account which is practicable to refer. Regarding a statement of account which is practicable to refer, the letters which we send in response to a section 78(1) request includes this information. To cover the issue of executed agreement. How does the Act define an “executed agreement”? “Executed agreement” is defined in section 189 of the Act as, “a document, signed by or on behalf of the parties, embodying the terms of a regulated agreement”. What do the rules say about providing a copy? The consumer credit (cancellation Notices and Copies of Documents) Regulations 1983 (“the regulations”) made under the Act deal with how we are to provide a “copy” of an agreement supplied to a debtor should be a ‘true’ copy. Regulation 3(2) provides that a copy may omit certain information, which allows you to be provided with a true copy, not a complete copy. What happens if the original agreement has be varies since it was originally signed? The regulations also set out what should happen where the agreement has been varied since it was signed. Regulation 7 provides creditors with a choice of including in the copy of the executed agreement either a copy of the latest notice of variation relating to each discrete term which has been varied, or an easily legible statement of the terms varied. Regulation 7 does not state that the copy of the agreement shall include a statement of the original terms as well as a statement of the varied terms. Regulation 7 allows us to provide you with a “true copy” which sets out the terms and conditions current at the time of provision of the copy. Conclusions in relation to the document we have to provide A “copy” of an agreement will satisfy the requirements even if the signature box and/or the signatures are not included as clarified by regulation 3(2) of the consumer credit (cancellation notices and copies of documents) regulations 1983. The definition of “executed agreement” refers to a document embodying the terms of the regulated agreement. When this is read with regulation 7 - for agreements that have been varied - a copy of the original agreement would not embody its terms. A copy of the agreement as varied would embody its terms. The issue of what is an executed agreement has been interpretated in High Court. It was held that an executed agreement begins as the credit agreement which is sent to the cardholder when they receive their credit card; therefore, establishing what is the original executed agreement. When the agreement has been varied, Regulation 7 mentioned above applies. To summarise, if the agreement has not been varied, we must send the original executed agreement; this would be the agreement which is currently regulated. If the credit agreement as this will contain the terms of the regulated agreement. We have sent you this and the original executed agreement for reference. To address any issue about our lack of compliance with section 60 of the consumer credit act 1974. Section 60 relates to the form and content agreements. All Barclaycard credit agreements are in compliance with this. You may state that the application form which we provided you, for reference, when you made the request under section 78 does not adhere to section 60. This is not a complete copy of your application form, but rather an excerpt to show you signed a contract with us. When you completed your application form, the document would have been presented to you in full, in a legible form, and would have adhered to the requirements under section 60 of the consumer credit act 1974. I hope this letter has helped with your concerns about the documents you have been supplied with under section 78 of the Consumer Credit Act 1974. As our response fulfils the obligation under section 78 of the consumer credit act 1974, you should carry on paying the debt you have accrued on your account. We do not class the account as in dispute, you have been supplied with the relevant documentation under section 78 of the consumer credit act 1974, and we will carry on with collection services. If you send us further correspondence questioning compliance with these areas of the law, we are not obliged to respond beyond the statutory response we have already given you. We would require you to provide comprehensive legal and documentary evidence to support your claim to ascertain whether response is necessary. Yours Sincerely Katy Bateman Barclaycard Customer services

Another call from idiot mercers. telling me to make minimum payment or the account is going to be passed onto external debt agency now. also barclaycard has got an offer this month 50% of settlement. telling me its serious now. i told her its in dispute now, but she reckons that does not matter. so i said ok and cut her off

one call yesterday, another call today. they want to settle the debt for 35%. i wold him that is too high offer me lower. he states his manager wont budge, below 35%. They would get more from a debt agency. so i said i cant offer that amount as it is too high. still no contract copy, he said that is requested and will be in post very soon. as this account is now in dispute.

still no response ernest wilson. but i sent the set aside the judgement form off today recorded delivery. can someone explain to me whats happens next, obviously i will get a hearing at my local court...is that correct, who will be there, will i need representation etc. thanks

Should I Not Wait For Ernest Wilson To Come Back To Me First. They Said They Will Ring Me Tomorrow. If They Say, We Will Write To Court, What Shall I Do Then

Went To Ernest Wilson Today. Had A Look At The Paper Work They Have They Have Nothing, Just A Form With A Signiture,,,,not Mine. So We Matched It With My Driving Licence, No Match. Telephone Number Was Not Mine. And They Had Nothing Else. So I Asked Him To Get The Judgment Sorted. So He Took A Picture Of The Licence With His Mobile, And Said He Will Show The Picture To The Surveyor, If He Says This Was The Guy..me Then We Will Take It From Their. If Not, They Will Then Write To Court And Call It A Day. Ps I Did Not Let Him Take A Photcopy So He Used His Mobile Instead. Also If These Guys Try To Say The Picture They Took Of My License Is From Original Date When Shop Advertised, Over Year Ago...i Will Have Them Again, As My Licence Is New Only Received 2 Months Ago...before That I Had A Paper Licence..old Style. If These Boys Play A Clever One Say, We Are Still Claiming, Should I File For Set Aside The Ccj As They Have Nothing...these Jokers Have Known To Be Idiots.

i spoke to ernest wilson today, they told me about the debt in my name and my address i told him it was not me, he was being clever saying go through court to sort it, as the idiots have applied for a charging order...confirmed by court. after a bit of arguing, he asked me to send my driving licence copy and if the signiture matches...debt stands, if not they will think about. so i told him, never mind a copy i will bring it into the office with the licence and tae it from there. what do you think.

can you advice me, do i ring the court, if so do you have number or do i write to the court , is so any tips on what to say or a letter to hand thanks

Thanks For That Can You Please Just Advice Me Of Few Things. 1..does That Mean Ccj Has Been Already Registered, If So What Happens Next...bailiffs Or Soemthing Else. 2..when I Write Or Ring The Court, What Do I Ask For. 3..does That Mean I Have To Apply To Get The Ccj Off. 4..will Bailiffs Turn Up At The House, If So What Do I Do. The Main Problem I Have Now Is That I No Longer Live At That Address, I Moved Out About 8 Months Ago, I Just Sometime Go To Pick Up Mail.

I Have No Address's Or Reference Numbers, Nothing To Go By

i dont have anything, as i was told to send it back marked undelivered. for the court for exactly same sent back, undelivered to court did not fill anything in so as for now i have no paper work of any kind. any advice

help please

I GOT A BLUE COUNTY COURT FORMS TELLING ME I OWE SOME MONEY TO SOMEONE CALLED ERNEST WILSON, SO I RANG THEM AND ASKED THEM WHAT THIS IS ALL ABOUT. THEY SAID ITS FOR ADVERTISING A SHOP FOR SALE. I SAID THIS IS LOAD OF RUBBISH, I KNOW NOTHING ABOUT THIS, NEVER HAD A SHOP OF ADVERTISED THROUGH YOU. THEY THEN TOLD ME TO SEND THE FORM BACK TO RETURN ADDRESS, WHICH WAS SOME COURT IN BRADFORD. FEW DAYS AGO I RECEIVED ANOTHER LETTER OPENED IT UP, AGAIN REGARDING THE SAME MATTER, A WHITE LETTER LOOKS LIKE FROM COURT STAMPED WITH MORE CHARGES AND I THINK IT SAID ON TOP. COUNTY COURT JUDGEMENT...SOMETHING LIKE THAT. SO I SENT IT BACK AGAIN ..THE RETURN ADDRESS ON ENVELOPE. TODAY I GOT A YELLO ENVELOPE, FROM SOME AGENCY, HOW TO AVOID A CCJ ID XXXXX. I CAN RING THEM IF I NEED ANY HELP. AM NOT SURE WHAT ALL THIS IS, YET THE FORM IS ON MY NAME AND MY ADDRESS. COULD IT BE SOMEONE ADVERTISED SOME PROPERTY WITH THESE AGENTS AND JUST GAVE MY NAME AND ADDRESS??? I HAVE NO KNOWLEDGE OF THIS, SO THEY HAVE NO PAPER WORK..WELL NOT FROM ME THEY DONT. CAN SOMEONE PLEASE ADVICE ME WHAT IS THIS AND WHAT SHOULD I DO, OR DO I JUST KEEP SENDING THEM BACK?? WILL SOMEONE TURN UP AT MY DOOR STEP??? PLEASE HELP:mad:

Cheers for that, i did notice from the letter they have nothing but claim the don't need anything...cheek..thanks

WHAT HAPPENED ON 1st September I sent a request to egg for a cca, when i check with royal mail tracking it still states its at the post office. so what i did was on 16th i sent moorcroft a cca request too. The letter I received today was direct from egg and it was dated 11 september 2009, which means they are responding to the letter i sent to them. whall i send them the default letter and when moorcroft reply and if they ever do, send send them one too.???? what do you think

Hi Can Anyone Advice What I Should Do About The Above Letter Please Help

can someone please look at my thread about egg card too very similar arrived today, should i send them the same letter

Thanks for that, even though yesterday i sent them a standard letter stating they have not responded in time and the account is now in default. I like the above letter plus in more details, so tomorrow that one is going out too recorded ta

What Should I Do, Just Ignore The Letters And Phone Calls, What Should I Be Aiming For In This Situation???

STILL NO SETTLEMENT LETTER OF CCA FROM MBNA GOT ANOTHER LETTER FROM THEM TELLING ME AS FOLLOWS : Dera Mr xxxx Your credit card account is now seriously arrears and the time is running out. Your outstanding credit card balance is now xxxx. You must call your allocated account manager on 01244 629946 before 9pm. Please beware that a default is due to be registered on your credit file shortly. Should we seek a County court Judgment against you, this may result in the following actions attachement of earnings charging order We could still help with your debt, by a reduced payment programme. Alternatively I may still allow you to make a significantly reduced settlement of your balance. We can only help if you respond to this letter toady before 9pm. Yours sincerely. THEY HAVE STILL NOT SENT CCA.16 DAYS HAVE PASSED. DOES THIS LETTER REQUIRE ANY ACTION ?????

GOT AN ENVELOPE FROM HSBC TODAY, WITH THE FOLLOWING DOCUMENTS. 1..CREDIT CARD AGREEMENT....TOTALLY BLANK, SOMETHING THEY HAVE JUST PICKED UP FROM A FILING CABINET. NO SIGNITURE, NO NAME, NO ADDRESS NOTHING..TOTALLY BLANK. 2.. STATEMENTS STATING WHAT I OWE. 3...TERMS AND CONDITIONS. ALSO ATTACHED LETTER AS FOLLOWS: Dear Mr xxxxx Further to your letter dated 1/9/09, please find enclosed a copy documents as requested. Section 78(1) of the consumer Credit Act 1974 requires us to provide ''...a copy of the executed agreement(if any)...''. Regulation 3 (2) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 allows that certain items may be omitted from such copies, includingn the signiture box and signiture. Therefore, the copy of the executed agreement we must supply is a copy but need not be a photocopy of the signed agreement. Regulations also requires us to provide a a copy of the executed agreement, as varied, where there is power to vary the terms of the agreement, which there is with your card agreement and that power has been excercised to vary the agreement, which again is the case with your card agreement. We therefor enclose an upto date copy of the terms and conditions applicable to your account, (and)a copy of the latest variation notice issued in respect of your account and a blank copy of the agreement form. ***the agreement form contains the original terms and conditions that you accepted when you entered into the agreement. Clause...Gives the blank the right to vary the terms and conditions.*** The variation notice shows that the terms have been varied and therfore in accordance with this legislation the up to date terms and conditions are the appropriate information to produce. In addition to this, please find enclosed a signed statement of account validating any debt outstanding. Yours Sincerely NOW AFTER READING ALL THAT, I AM REALLY CONFUSED, ARE THEY SAYING THEY ARE IN RIGHT AND BLANK CONTRACT HAS THE SAME POWER. THEY DONT HAVE THE ORIGINAK CONTRACT AS I DONT REMEMBER SIGNING ONE, AS I TOOK THIS CARD NEARLY 20 YEARS AGO LATE EIGHTIES. PLEASE SOMEONE ADVICE WHAT I SHOULD DO NEXT, AS THESE DOCUMENTS ARRIVED AFTER 16 DAYS. YESTERDAY 16/9/09 I SENT THEM A LETTER STATING MY ACCOUNT IS IN DEFAULT AS THE REQUESTED DOCUMENTS HAVE NOT BEEN RECEIVED. PLEASE?????????/