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About Cab139

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  1. I took out a loan with Barclays and there was an outstanding amount of £3,500+ approximately. I wrote to them and asked for a settlement figure. I got a letter back that quite clearly advised me that the settlement figure was £200. I replied to their letter and enclosed a cheque for £200 for full and final setlement. They have been telephoning me to say that I am in arrears with my loan and I maintain that I have settled it. They have cashed the cheque and as far as I am concerned the account is closed. I have now had a very soft and apologetic letter from Barclays that states that they have made many mistakes and apologise for them but they insist that I owe them more money. I say not. Any suggestions please? Where do you think I stand on this?
  2. Anyone guide me to the next part of this? I've seen CPR 31.16 mentioned. Can someone point me in the right direction to have a read on this. Should I not SAR them first?
  3. Evening All, This is a copy of the letter that I've just received from Barclaycrad concerning the CCA request. Like to hear any comments please........ Barclaycard Services Account Number 9999 9999 9999 9999 Reference: Section 78 of the Credit Consumer Act 1974 I write further to the letter whereby you note dissatisfaction to the documents you received in relation to a request made under section 77/78 of the Consumer Credit Act 1974. Firstly, credit cards are regulated under Section 78. Section 78(1) of the Act 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 de4al with how we are to provide a “copy” of an agreement. The regulations provide that any copy of the 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 been varied 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 relationg 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 documents 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 interpreted in the 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 credit agreement which is is currently regulated. If the credit agreement has been varied, we must send the current 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 comp-liance with Section 60 of the Consumer Credit Act 1974. Section 60 relates to the form and content agreements. All Barclaycard credit agreements are in comp-liance with this. You may state that the application form which we provided you, for reference, when you made a 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 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 Donna Farley Barclaycard Customer Services
  4. Hi All, I've got about 18 months left of a 5 year agreement which is a Fixed-Sum Agreement. When I bought the car from the garage, I specificcaly asked for HP. I feel that I was mis-sold the finance on behalf of the Bank. Anyway, since when have garages been able to sell personal loans on behalf of banks and then not inform the customer of the real facts? I want to change my car now and I'm having the same problem. Any comments anyone? Cab 139
  5. Thanks for all the replies. Glad to see that someone agrees with me. I'm just going to have to take a hit on this one as I just cannot afford to take the huge financial risk. The State Machine trundles on. See you all soon. Cab 139
  6. I went to the Magistrates Court on Friday to attend a PRE-TRIAL Meeting: yes, PRE-TRIAL. I pointed out the errors in the summons and was told it was a 'typo'. The prosceuting solicitor then told me that pleading not guilty was pointless and that the longer I left it the bigger my FINE would be. Now...could me Mr Thicky but I thought you were innocent until proven guilty. It seems not these days. It seems that only a great deal of money can buy you a great deal of justice. If you're like me, just a hard working prole, you're sunk even before you get to court. I now have no alternative but to plead guilty to an offence that I never committed. Luckily it should only be a fine and point...not the noose! God Save Our Country. Cab 139
  7. The whole thing is a mess from start to finish. The summons has turned up four and a half months after the event. The statement of the Police officer and the person I bumped into are very very similar. The person I bumped into has alredy contacted an injury lawyer who guarantees up to £33,500 for neck injuries in a no win - no fee basis. The vehicle I bumped into was not a van and that was not the index number. The witness statement that I have from the Police officer is a hurriedly lashed together cut-and-paste job in MS-WORD. The whole thing is a shambles. As a Council Tax payer I deserve better treatment han this. It's outrageous.
  8. I had an road accident in August 2008 whereby I hit a car from behind. The car I hit was stationary on a big roundabout. It was also obscured by trees etc and when I turned onto the roundabout having checked my entry, I hit the other car. On the day the Police officer attending said that it was an unfortunate bump and no more would be heard about it. Lo and behold, four and a half months later I get a Summons for driving without due care and attention. However, on the summons the Statement Of Facts descibes a van and I/N that is not mine. I was driving my taxi. Question: What's my opening gambit when attending court in a couple of weeks? I think it's the fact that their Statement Of Facts is wrong therefore everything must stand a good chance of being incorrect too. Any comments anyone?
  9. I am currently in the process of reclaiming my penalty charges from HSBC. I have directed my previous correspondence to one person. I now need to issue a claim in the small claimd court. Do I still direct my intentions to that indiviual or to the bank in general? Cab 139
  10. Hi All, Just found your excellent website. Phew! Glad I did too. I'm just about to embark on the refund trail so I will be reading lots more on here in due course. I'll keep you up to date of course and many thanks again for all the advice shown here. Cab139
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