Jump to content


Tonka 99 v BARCLAY CARD **WON**


Tonka99
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4981 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi have had CCA request returned from BC today , have looked at others

on this site and cant be sure , would some kind soul help as i am out of my depth here .

It clearly says BC Application ,the card was taken out 10 years ago and

they have sent me the original BC Conditions cca 1974

plus current BC Conditions 1974.

 

many thanks

M1

Link to post
Share on other sites

  • Replies 148
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Guest Old_andrew2018

hi

 

can you up load the agreement after removing personal information, I expect you will quickly recieve comments about its validity.

 

Regards

 

Andy

Link to post
Share on other sites

Hi and thanks for your reply im afraid i dont know how to do that ive just looked im dummies but cant figure it out , will have to wait until tomorrow

when i can get someone to do it for me

many thanks

M1

Link to post
Share on other sites

Guest Old_andrew2018

Hi you could try using PHOTOBUCKET, it took me a short time to master, its one of the best to use when up loading.

 

Regards

 

Andy

Link to post
Share on other sites

hiya M1 PLG. Well it looks like you are probably in the same boat as me. The agreement copy is VERY bad. Furthermore they have obstructed the CCA part of the 'application' with a barcode sticker. I would contest that this agreement is NOT enforceable. Of course they could always find the original 'if it exists' and use that, but I expect the chances of that are reduced.

Link to post
Share on other sites

Hi YHS4260 thanks for your reply , still dont know if the cca is enforcable

it does say application as does yours and is unreadable as you say , but need to know really so i can make my next move SAR i think ?

 

cheers M1

Link to post
Share on other sites

Hi M1,

 

I'll get this looked at for you and we'll be back asap.

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

This is unenforceable as it contains none of the prescribed terms. The prescribed terms are in the terms and conditions which is a seperate document. While before 2005 the prescribed terms did not have to be on the same page as the signature they still had to be part of the same document.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

Hi Rory , very many thanks for your time and advice what to do next ?

do i send a letter to BC saying this is unenforcable ?

shall i send a SAR for charges to help get the debt lowered .

what im looking for is for them to call the hounds off (mercers and Power2Contact)

 

feel really honoured to have yours and slicks help

 

thanks M1

Link to post
Share on other sites

Hi M1,

 

Are there unlawful penalties charged on the a/c. You can reclaim these to reduce the debt to BC so you can clear it in a manner and time that suits you.

 

They cannot add further chgs or interest to the debt until/unless they produce a proper CCA doc't.

 

Do you have state's for the a/c to check on the chgs. If not you can send them an SAR.

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Thanks Slick

 

I have moved five times in the last ten years and dont have all the statements , im getting the SAR ready now.

what do i do about the cca do i write to BC to say send the Real one

as this does not comply?

DO i write to the hounds say bog off !

 

many thanks

M1

Link to post
Share on other sites

Carefully adapt the following letter to reflect your own case. Send it to BC and copy to any DCA's that are hounding you.

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx.

 

You have failed to respond properly to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation.

 

If that request is not satisfied after a further 30 calendar days you commit a summary criminal offence.

 

These limits have expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

And

 

(b) If the default continues for one month he commits an offence.

 

Therefore this account has become unenforceable at law.

 

You have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’. You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

Despite my letter regarding ANY communication from your company, which stated that I require ALL communications in writing, your telephone calls continue.

 

This behaviour constitutes harassment; the letters stated quite clearly to you that I require ALL communications in writing for future use. Do not telephone me again - remove any telephone numbers you hold for me from your systems.

 

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that ALL telephone calls are taped.

 

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, has now been submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

 

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

 

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

 

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

BLAH

  • Haha 1

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Thanks Slick

not quite sure about which parts to put its late my heads in a spin!

do i have to put why it does not comply ?

or is it not a True signed copy do i have to spell it out to them

soz if im being thick here

cheers M1

Link to post
Share on other sites

M1,

 

I've edited the above ltr a bit.

 

You still need to adapt it to reflect your own case, ie:-

 

* Check the bit about dates and amend if they are still within the 12 or 12+30 days.

* Alter or omit bits about phone harassment.

 

The bottom line is they've failed, so far, to produce an enforceable copy of your Credit Agreement and should not be chasing you for pay't, nor should any DCA.

 

If you're going to send SAR for a/c state's, do so seperately and get the balance on the a/c reduced.

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Hi Slick

will get on this asap ,they have another three days to go for the 12day

am sending SAR today already done .

if i can will post letter up before sending tomorrow.

really appreciate your valued advice , should have six other CCA,s in

this week !!!!!

 

cheers for now M1

 

Hi Slick

 

have done the letter and amended where i think its nes hope to upload tomorrow .

will be sending asap , have sent SAR today SD added to it bank acc and

loan numbers so should get a large parcel in return !!!!!

Have had more than enough today me eyes have gone icon12.gif

 

thanks for your time and effort

 

cheers M1

 

http://i302.photobucket.com/albums/nn9http://i302.photobucket.com/albums/nn99/sexeysarms/LastScan2.jpg9/sexeysarms/LastScan2.jpg

 

http://i302.photobucket.com/albums/nn99/sexeysarms/LastScan2.jpg

Link to post
Share on other sites

Hi M1,

 

The 1st page is not linked.

 

The 2nd page seems ok.

 

If you've adapted it as suggested, I'm sure it'll be fine.

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Hello M1!

 

Just a general question, that others may be able to answer, but has anyone had any grief from BC via their normal bank accounts?

 

Reason for asking is, you may guess who many of our regular current accounts are with (begins with a B, funnily enough), and I was wondering if BC can hoover out current accounts via the old Cross-Referral issue I keep hearing about. That being when "B" elects to debit any Account it feels like if another one is overdrawn or in arrears.

 

They tried that on me once, and removed our Mortgage Payment from one account to top up another. I went Ape and straight to FOS and they put it back same day. But I can never forget nor forgive them for doing that, i.e. risking a primary Secured Debt Payment all for the sake of an Account that was slightly over limit.

 

I have yet to take on BC, but intend to do so at some stage. However, have held off as I suspect they could apply pressure to our normal banking affairs, as they are all part of the same band of bankers.

 

Intention is to get some Parachute accounts open ASAP, and just in case. It would be major hassle to move everything, business and private, but as we also have bank charges to reclaim at some stage, a fight with this whole group is likely to be inevitable.

 

Not trying to hijack this Thread. I think it could be relevent, depending on who you bank with, or who other people bank with when considering taking BC to task over a Card Agreement (or lack of one)!

 

Good luck with it M1!

 

Cheers,

BRW

Link to post
Share on other sites

Hi BRW,

 

Any of the banks have the right to off-set and they use it quite regularly.

 

So, if you were to reclaim chgs from BC, they can use the refund to reduce your BC debt or, if you had no balance owing to BC, any other a/c Barclays a/c which has an unauthorised o/d.

 

I am not aware, however, of Barclays being particularly retaliatory. Any a/c in credit is always at risk of off-set to another a/c with an unauth'd o/d, but no more so because of a chgs reclaim.

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Hello Slick132 (and M1)!

 

Many thanks, about what I thought so will need to plan that one carefully.

 

My main concern was finding they had no Enforceable Agreement on the Card, and then finding they know that is the case, but then later proceed to hoover up what they feel is owed on the Unenforceable Card Debt from any/all Accounts that have any spare Cash in.

 

One related question that should also apply to M1, if they have made unfair Charges, can they not be forced to refund those as a Cheque?

 

i.e. just assuming for the purposes of this that all other Accounts are within Authorised Limits, and the remaing Card Debt is the same as it was before Claim and within Agreed Credit Limit.

 

I can see that if any other Accounts are over Limit/Authorisation, the chances of a Cheque are somewhat reduced!

 

This is just a general question, so I'm sure M1 won't mind it on this Thread.

 

Thanks in advance.

 

Cheers,

BRW

Link to post
Share on other sites

BRW,

 

If they have no enforceable agree't, you could argue against them drawing funds from other a/c's. I've not heard of this happening.

 

You can ask for a refund by cheque but whether you get it depends your circumstances. They'll use a refund 1st to reduce your card balance, then to reduce other unauthorised BC or Barclays debts.

 

If, as you suggest, your borrowing is all authorised and within agreed terms, you can ask for a refund to be made by cheque, or into another Barclays a/c of your choice.

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Hello Slick132!

 

Many thanks, all clear.

 

My main concern remains that having seen them plunder one our Accounts before, I cannot now trust them.

 

I suspect that if I had a bun fight with BC as M1 is now doing, other things would start happening to our other banking facilities, such as removal of Overdrafts, more rigid bouncing of Cheques when only slightly over a Limit.

 

I think I've probably answered my own questions/doubts there, and must plan to set-up a fall-back set of Parachute Accounts in any event. Be fully prepared to switch over if there is any signs of them playing any games...and hold off on BC until I have those fall-back Accounts ready.

 

OK, M1, you can have your Thread back now!!

 

Cheers,

BRW

Link to post
Share on other sites

Final response to BRW,

 

I think you have a valid concern.

 

Barclays may well be less accomodating as regards paying items which take you o/d, reducing or removing o/d facilities.

 

Hijack over M1 - any more on this'll go own BRW's own thread.;)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...