Claire Marshall
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Thanks again citizenb. Could you please provide the Priority One thread link. Many thanks. I have made an appointment on Monday to visit the local rep at Barclays Bank in my town centre. They told me to take the reconstituted agreement that I was sent to see if it's legal. I can also ask them to fone Barclaycard whilst I am there to find out if they do have a CCA on file as I wasn't sent what I asked for. With regards to my other card MBNA, they failed within 12 days to provide the said agreement under section 78. I need to ask the CAB what to do with regards to MBNA failing to comply at all. Thanks for the help!!
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Thank you citizenb. I took the card as an internet application and was never sent a copy after application was made. If the fos is NOT the body to complain to, can you please tell me who. All Barclaycard have sent me is just a copy of their terms and conditions (no name, etc), and a reconstituted copy of my agreement (again my name and signature is not present on this copy). Its very stressful at the moment so every little helps.
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Because Barclaycard failed under section 78 to provide me with a true signed executed copy of my agreement, I decided to telephone and make a complaint to the Financial Ombudsman Service. They told me it was not good enough that all Barclaycard could send me was a reconstituted copy of my agreement which had no name, address, date of birth, etc etc. If the Financial Ombudsman Service cannot get Barclaycard to comply, where do I legally stand? This is very confusing time for me and stressing me out, and I am struggling to make repayments each month. Any help please thank you.
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I am going into the Citizens Advice Bureau on Monday to seek help on the matter. I was always told that no signed agreement debt is not valid, so will go there for help and advice. I currently have £3,700 on this card and pay £80 a month. No interest on it until February as it had a long interest free period. I have also asked [EDIT] to look at another credit card with the Halifax I took out in 2006, to see if this is unenforceable. I have £2000 on this card.
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I wrote to Barclaycard in October this year requesting under 78 for a true signed copy my credit agreement. What they provided was not what I asked for. They sent me a reconstituted agreement which failed to have my name address, signature, etc etc. Then they sent me a copy of terms and conditions, again with no name, address, signature, etc etc. Is this legal and does it mean the debt is invalid without a true signed executed agreement?? Any advice please on what to do next. Thanks!!
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Thank you but I don't think I had PPI I check my statements as and when they come in and cant see anything. My monthly payment gets taken via direct debit so is always paid on time. I did however get a cheeky letter from MBNA moaning about me paying the minimum payment each month!! What a bloody cheek!!
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I was told by Consumer Direct about the initial 12 day rule. I will be going into CAB if after I sent MBNA their nasty letter!! I have always been told that if no signed agreement how can the debt be enforced!!?? Also is the same with Barclaycard all they have given me is a reconstituted agreement which has no name or signature!!
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I wrote a letter to MBNA asking for a true signed copy of my CCA on the 24th October 2011. No response they ignored the request. Today, I sent them another letter this time putting the account in dispute under a section 10 , as they have failed to respond for the CCA. If MBNA still fail to respond within 30 days of giving me a CCA, what is the next step please? I have £1700 on the card, but I pay £40 minimum payment each month.
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I wrote to MBNA on the 24th October 2011 wanting a true signed executed copy of my agreement under section 78 of the consumer credit act. It has now been some 12 days since I requested this and MBNA have failed to comply. I have had no communication from them at all. I sent them today a letter saying that because they have failed to produce this valid agreement under section 78, I have placed the account under section 10 default notice, to dispute the agreement. I have £1700 on the card to date. If they still don't comply within 30 days to send me the agreement, what can I do then please?? Thanks!!
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