Barclaycard (M.Stanley) no response to CCA request - what next?

[MajorPaine]

no, never been one for PPI

[MajorPaine]

UPDATE

 

Received numerous text messages this week + a demand for payment in the post.

 

Just had a chat with a girl at B'Card and explained they are in default until such time as they provide the CCA. Asked her to put a note on the account accordingly...

[noomill060]

DONT talk to them. Just refuseto confirm your ID and say you dont discuss personal matters over the phone. Tell them to write to you.

[MajorPaine]

will do

[MajorPaine]

Getting daily calls from them now, every time I ask that they write to me and for them to make a note on the account to that effect

[samcam]

MajorPaine,

 

send them this:-

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

 

If they continue to call after that, if you have caller ID, make a note of the number and tell them you've sent the letter and if they continue to call you WILL take further action.

Next time they do not answer the phone, but keep a detailed log of the time and date of all the calls (we used to get 3 or 4 every day starting at 8am through to about 8:30pm).

 

It's all ammo to use in any complaint to the FOS

[Big Naughty]

Hi Major - great thread. I am in exactly the same position as you with 3 Barclaycards. I sent the CCAs out. 12+2 came and went. Nothing arrived in the post. Its nearly 30 days now so I too have stopped paying them. Phone is going mad!

 

I will keep an eye on this thread for further updates.

[samcam]

Big Naughty,

 

When you CCA'd them, did you include a paragraph stating that all communication must now be in writing only?

 

If so, make sure you log every single call (time and date) for later complaint about harassment.

 

Have a great New Year

[Big Naughty]

Hi samcam - yes I did. Got the template for that and the harrassment by phone from BRW thread some time ago.

 

Barclaycard call every morning on the house phone at 8.30am. Then immediately on my mobile when I don't answer. Then throughout the day up until 9.00pm and even on Sundays! They always leave automated voicemail messages so I know exactly who it is and how often they have rang.

 

Happy New Year to you as well, and everyone on CAG.

[Desperate Daniella]

Hi Guys,

 

I'm in the same position as you. Three BCs - one original, one MS and and one Goldfish. Sent CCAs on 11th November and told Mercers, etc., that I wasn't going to do anything until I got them. One of the Mercer's people admitted at the end of November that they had received the BC one and said he would chase it up and come back to me within 24 hours. Never did. On 18th December I received two replies from BC customer services - one for BC and one for MS. They just sent the current BC Terms & Conditions so I'm going to write back telling they have obviously not read the letter and I am still awaiting the original signed agreements. Goldfish (BC No. 3) - no response at all.

 

Happy New Year to you all too.

 

DD

[noomill060]

Pull the phone cable out of the wall before going to bed.

 

Plug it back in when you feel like it.

 

If you have charges on any card account, start the reclaim process. Once you get your claim served, the calls will stop.

[patrickq1]

He said "they would have to ask MS for it."

 

So, it would appear they (Bcard) DONT HAVE THEM!!

you will find noo that most agreements that MORGAN STANLEY have are APPLICATIONS ONLY and not a single agreement contract was issued for these type ,well that is befor 2003....

if thats of any use they are making demands on applications only and not on legal agreements

patrickq1

[noomill060]

indeed patrick

[rubio]

The company acting on behalf of myself with regards to my CCA's wrote to Thames Credit (as Barclays sold my debt onto them) asking for my agreement, they could not provide this and nor could Barclays, they wrote back saying they would wipe the debt off. I am now waiting for a letter saying how much I will be reimbursed for payments made and interest accrued.

[samcam]

OOOOOOOOhh I wish BC would wipe my debt - £12K!!

[gavhot]

Hi

 

I have Barclaycard and sent a CCA request that their 12 days were up on 22/12/08, no answer.

 

My wife has Barclaycard and Sainsbury's card sent at sametime no answer.

 

thanks

[Josie8]

Get ready for a long wait...................

[slick132]

Hi to Rubio and Gavhot.

 

We'll be pleased to help you with your own cases but please start your own thread for each case to avoid hijacking Major P's thread here.

 

Rubio, if the debt is written off due to there being no available Credit Agreement, you may not get back money paid unless the debt has been sold and you are reclaiming Penalty Charges from the new owner of the "debt". Let us know.

 

Thanks

Edited January 4, 2009 by slick132

[Muffintop]

absolutey marvelous wish I were you.. Im with this thread. and in same position as you guys barclaycardcca v muffintop safety in numbers.

[Desperate Daniella]

I'm here too. If we are now finding that they are admitting that they don't have the "agreements", we are all in the same position. It's interesting that Rubio refers to someone "acting for him", presumably Rubio this is a company? Are they more frightened of a company than individuals? Is that why they backed down? Anyway, the main thing is that if they have backed down once we can all go on with a degree of optimism!!!!!!!!!

 

DD

[Fangio of the nineties]

I'm waiting on a cca from this lot myself too....maybe they are just snowed under !....

 

I'll keep an eye on the thread, but keen to hear if anyone gets sent a cca....

 

FOTN

[rubio]

The debt had been passed onto Thames Credit who tried to get a copy of the agreement but were advised by Barclays that they haven't kept a copy of the agreement as the loan was taken out some time ago. (2005)

[slick132]

Rubio,

 

Thanks for that.

 

If you have any more to report, like if you get the charges back as well as the debt written off, please start your own thread here and let us know.

[Desperate Daniella]

Hi Rubio,

 

Just a bit confused, they referred to the "loan" being taken out in 2005. This was actually a credit card, wasn't it? Not a MS loan?

 

Thanks,

 

DD

[mann01]

Hi, Can this letter be sent if the creditor only sent T&C and an agreement with NO signature of the debtor or date in the sign & date box

 

 

Hi MajorP,

 

Adapt and send this back to them:-

 

Dear Sirs,

 

Account Number: XXX

 

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

 

I note that you have replied to the above by sending a copy of your companies current Terms and conditions I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act.

 

To clarify, just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a "true copy" of the agreement.

 

This breach of the agreement can be demonstrated as follows;

 

As you will know section 180(1) (b) authorises, "the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form." This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557.

 

Before leaving section 180 there are two other sections that should be remembered these are:

 

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

 

And more importantly

 

Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

 

You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations.

 

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

 

The regulations state:

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancellable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

 

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations.

 

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

 

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions.

It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

 

I hope this explains why your reply was unacceptable. I await a True copy of my agreement and would remind you again that, whilst the request has not been complied with, the default continues.

 

Yours faithfully