smt37 vs Morgan Stanley/Goldfish/Barclaycard ** ORDER TO PRODUCE CCA CPR31.16 WIN ***

[smt37]

I sent the DSAR today (guessed it would come up today, so prepared it last night).

 

I guess Barclays may say that they took the accounts from Morgan Stanley/Goldfish in good faith, but could blame them for the state of the paperwork prior to the acquisition in 2007. In any case, the credit report states that the account started in 2005, so there's definitely a gap there because the agreement they sent me following the CO was dated by me in the signature block and then by them by an inked date stamp and both were in September 1999!

 

The funny thing is that they said in their letter "Barclaycard has conducted searches for the documents listed in the Order dated xx April 2009 in relation to your credit agreement under account number xxxx xxxx xxxx xxxx and has provided you with all the documents required under the Order that have been stored by Morgan Stanley under that account number"... So why did they send me a card carrier followed by two other people's agreements before sending this one, which was settled in 2003 anyway?

 

Their argument is weak. Should I call the court and ask them what to do now that they have not complied? What's the process for not complying with the Court Order? Surely they know that the account was opened in 2005, so they have deliberately tried to mislead me (and the court) by trying it on?

[patrickq1]

i do not really know the court processes yet smt but i would be inclined to send a recorded leter to barclays advising them that any fraudulent atempt to pass data as being the origional contract shall be without question brought to the attention of the presiding judge to ask for an action to be taken against for non compliance and atempted fraud since you have catogoricly pointed out to them their deliberate attempt to pass data that is not in compliance with the judges directions...ie the origional copy of the said contracts two contract dated etc etc ?

patrickq1

see what car an pt have to say good luck mate

[diddydicky]

i think i would replace the reference to "fraud" to "mislead"

 

dont think you will win the judge as a friend with accusations of fraud

[patrickq1]

yes probs right just me n my temper when if we did something like that we would be hauled over coals but when they do it it is classed different huh ggggrrrrr ,but i suppose if you do give them notice of any attempt to pass off x numbered agreement as the origional shall be classed as an attempt to mislead the courts

patrickq1 ggggrrr hate saying that mis lead chokes me sticks in my throat gggrr

[diddydicky]

i understand patrick but in the court softlee softlee cathcee monkee

[angel_1]

I have no idea if they are required to attend the hearing, but I can't see how it will be in their interests to not show up.

 

Can I ask one thing - did you name them as:-

 

Barclays Bank PLC t/a Barclaycard

1 Churchill Place

London

E14 5HP

 

?

 

 

hiya smt37

 

may i ask pls did you actually also send your cpr requests to the above address and i want to do my second letter now,,,first one sent to bcard at northampton and no responce but today got a reply to my dissatisfaction to the documents i received, (this im guessing is in responce to my complaint about 6 months ago!) and not my cpr,,,,but they do add right at the end they would require me to provide comprehensive legal and documentary evidence to support my claim to ascertain whether further responce is necessary,,,,hmee,,,,trying to fool me into thinking something else? or an sly responce to my cpr request ?

 

ive been more than reasonable in my time frame and i want to now send the second letter but should it go to london or still northampton,,,

 

im trying to stick to pt's thread too with the actuall letter

 

huge thanks to anyone else that can also help me

 

cheers angel x

Edited May 23, 2009 by angel_1

[Fingers60]

hiya smt37

 

may i ask pls did you actually also send your cpr requests to the above address and i want to do my second letter now,,,first one sent to bcard at northampton and no responce but today got a reply to my dissatisfaction to the documents i received, (this im guessing is in responce to my complaint about 6 months ago!) and not my cpr,,,,but they do add right at the end they would require me to provide comprehensive legal and documentary evidence to support my claim to ascertain whether further responce is necessary,,,,hmee,,,,trying to fool me into thinking something else? or an sly responce to my cpr request ?

 

ive been more than reasonable in my time frame and i want to now send the second letter but should it go to london or still northampton,,,

 

im trying to stick to pt's thread too with the actuall letter

 

huge thanks to anyone else that can also help me

 

cheers angel x

 

Hi Angel

 

Both my CPR letters went to Northampton and yes my N244 referenced:

 

Barclays Bank PLC t/a Barclaycard

1 Churchill Place

London

E14 5HP

 

And yes i followed PTs thread and both letters give the reasoning behind your request...save the "legal and documentary evidence" for crown court !

 

Fingers

Edited May 23, 2009 by Fingers60

[smt37]

Mine was exactly as Fingers.

 

Fingers - when is your hearing? Do you have a thread?

[Fingers60]

Mine was exactly as Fingers.

 

Fingers - when is your hearing? Do you have a thread?

 

Hey SMT

 

Thread below:

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/195090-fingers-barclaycard.html

 

I havent got my hearing date yet should have shortly.

 

If you wouldnt mind subscribing to my thread and following developments I would be very grateful.

 

Cheers

 

Fingers

[the_shadow]

Hey SMT

 

Thread below:

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/195090-fingers-barclaycard.html

 

I havent got my hearing date yet should have shortly.

 

If you wouldnt mind subscribing to my thread and following developments I would be very grateful.

 

Cheers

 

Fingers

 

Also subscribing, my "bundle" goes into court this week

 

S.

[angel_1]

many thanks for your responces both smt and fingers

 

guessed as such but wanted to be sure

 

well time to get my next letter off smartish then, good luck on your cases on the next level

 

have a sunny weekend laters angel x:)

[Blood Money]

Good luck with this SMT - You deserve to win. I hope the DSAR give you the ammo you need to get the Judge to throw the book at them for their 'attempted deception'. How big a fine can the Judge impose? Big I hope.

 

Just sending off my 2nd CPR letter. 21 days & I'll be following you into court. Once again well done for getting this far.

[freethemice]

Would have thought - given the way this soap opera started - another cpr request would be more in order. They could just send you any old typed rubbish with a dsar request and you would need full disclosure if this is going back to court.

[patrickq1]

when is it up in court sm

patrickq1

[diddydicky]

DSAR is important- when it comes to disscloure in court he wil then have them by the short and curlies if they try to make the evidence fit the crime!!!

[the_shadow]

DSAR is important- when it comes to disscloure in court he wil then have them by the short and curlies if they try to make the evidence fit the crime!!!

 

Unfortunately this may rumble on for a bit longer as in my experience Sharkleys have two kinds of SAR response... just statements and statements plus everything else.. doesnt appear to matter what you send in the request, they'll just send whichever of the one they want.

 

S.

[diddydicky]

Unfortunately this may rumble on for a bit longer as in my experience Sharkleys have two kinds of SAR response... just statements and statements plus everything else.. doesnt appear to matter what you send in the request, they'll just send whichever of the one they want.

 

S.

 

ye s i know - i've just receive a load of manure this morning- still the more info the better- makes altering things at the court stage i tad difficult!

[the_shadow]

ye s i know - i've just receive a load of manure this morning- still the more info the better- makes altering things at the court stage i tad difficult!

 

I love the letter they send alongside ANY sar response though...

 

"This is all the information we hold on you"

 

Version 1 of all the info or version 2?... something I will use in any court case with them I can tell you!

 

S.

[diddydicky]

I love the letter they send alongside ANY sar response though...

 

 

 

Version 1 of all the info or version 2?... something I will use in any court case with them I can tell you!

 

S.

 

yes very useful!

[diddydicky]

I love the letter they send alongside ANY sar response though...

 

 

 

Version 1 of all the info or version 2?... something I will use in any court case with them I can tell you!

 

S.

 

and not an agreement or term or condition in sight!

[angel_1]

hiya all

 

im dont believe we got any terms or cca in our DSAR responce will relook at the letter they also sent but i seem to recall the same, this is ALL we hold,,,,,

 

very good, didnt think of that neither until i read these posts

 

 

have a fun eve laters angel x and keep on going

[AA99]

Phew! Aren't they just b***ars:mad: I received a very negative reply to my 2nd CPR31.16 letter from them today:mad: so am about to N244. I haven't ever had a response to a CCA £1 request back in January. I am also 2005 ex-Monument I had better SAR them tomorrow, me thinks or is it too late:confused:

[izzitme101]

hmm im at with my bc theyve sent a 'stern' letter spouting all sorts of rubbish about how they complied with my request.

havent decided wether to cpr 2 or sar them tommorow yet.

[patrickq1]

why do you not include within the CPR31.16 A FULL AND COMPLETE AUDIT TRAIL ?

[AA99]

why do you not include within the CPR31.16 A FULL AND COMPLETE AUDIT TRAIL ?

 

I used templates CPR31.16, 1st and 2nd letters:???: