Barclaycard No CCA

[Desperate Daniella]

Hi, EL,

 

I couldn't get those to open properly, BUT I have seen that MS Confirmation Form on another thread today, and will get back to you. It's a different one to mine.

 

DD

[eastlondoner]

Here's link a bit better:

 

CCA Page 1 part a

 

CCA Page 1 part b

 

CCA Page 2

[eastlondoner]

Im still looking around to find anyone else that has received one of these MS card confirmation forms? Anyone? In the meantime I received a reply to my SAR on my other Barclaycard, first CCA'd back in September. They have just sent Data sheets detailing transactions and charges and have also stated that 'This is the only information we hold on the account' despite me asking for my CCA too. Could this be an admission that they do not have the agreement? Am thinking of a s31.16 request to try and push it further, but in the meantime will write another complaint. Has anybody ever suspected a signature on an agreement has been copied/falsified from another agreement on a different account with the same creditor?

[slick132]

Do the data sheets have dates for each transaction - if so, you can work with them.

 

Don't fret about them not sending the Credit Agree't as part of their reply to your SAR request. If you have the nec'y charges data for the past 6 years, you've got as much as everyone else.

 

Only a CCA request will get the Credit Agreement, or the alternative strategy which I linked for you above.

[eastlondoner]

Thanks Slick, yes, I can work with the data sheets to get a charges claim in. Just wanted to go down every route available to try and get the agreement. Have just fired off a s31.16 request for both the accounts. I should probably split this into individual threads for each card pretty soon anyway. On research i am still puzzled by the MS agreement which is missing a credit limit and looks cobbled together so that will be further fuel to the fire if it turns out to be unenforceable.

[slick132]

Sounds good so far.

 

Yes, start a new thread when nec'y to discuss each case individually.

 

[eastlondoner]

Update: Received response to CCA request for Bcard Visa account this morning. It appears to be T and C's again, and the address at the top is my current address and not the one I was at then. The card was taken out in 2006, so post regs for internet; I am wondering if this could be enforceable anyway? I had already sent Barclays a 31.16 request and I gave them until next week to respond.

 

Here is what they sent:

 

 

Any thoughts welcome! Pressing ahead with charges claim and will await 31.16 outcome. Will split threads when I receive an update on Morgan Stanley/Goldfish/Bcard account. Hope everyone is well!

[slick132]

HI EL,

 

This certainly looks like their current reply to a CCA request.

 

Lets see how/if they reply to the CPR request.

 

[eastlondoner]

Update: CPR request deadline has now passed for both Bcards. SAR information has been received for Morgan Stanley/Barclaycard account. Totting up the charges for a prelim letter. Not sure how to proceed with the CPRs; whether to remind them sweetly by letter or not. It has gone very quiet on the phone, which makes me very suspicious...

[eastlondoner]

Firing off the second letter from PT's excellent thread, for both accounts, giving them another two weeks to respond!

[Desperate Daniella]

Good luck, EL,

 

I sent off my second request for the CCA asking if they were reluctant to send it because they knew it didn't comply with CCA 1974 regs. Their response was to pass it on to RMA for collection. I told RMA it was in dispute and told them to send it straight back!

 

They clearly don't want to provide these agreements.

 

DD

[eastlondoner]

Thanks DD,

 

Good luck to you too. So far I have been given T and Cs in various formats and an MS card confirmation form that looks like it could be a cut and paste job. Thanks Barclaycard! I fully expect to be hearing from DCA/s again at any given second. The thought of the incessant phone calls and threatograms again is a bit scary, but hey ho! I have already subscribed to your thread and will keep watching; got my fingers crossed for all of us to get some kind of positive resolution.

 

EL

[Desperate Daniella]

Hi EL,

 

If I decide to talk to bcard/Mercers/Calders, I have a new tactic. I say I have written to ask for a copy of my agreement, that bcard haven't sent it, and I have heard that there are loads of discrepancies in their agreements, and for all I know I could have paid them three times as much as I should have, and how can I check that without seeing the agreement. Then I say, "Well, would YOU pay any more without seeing the agreement? What do YOU think? Can YOU understand why they aren't sending the agreement? I just don't understand it. :confused:" This generally results in them saying they will put the account on hold for 7/14 days so you do get a bit of peace. I know some people advise not talking to them, but if you don't they call, and call, and call. I'd rather have a few days off.

 

DD

[eastlondoner]

Thats a great tactic, thanks DD! In agreement that not speaking to them can result in phone haemorrhage; will give it a go!

[eastlondoner]

Update: CPR second letters were sent at the end of last week for both Bcards. Not a word from Bcard so far about this. On statement for visa it says the card has been cancelled. Mastercard account is still with Mercers despite complaints over CCA, but no real surprises there. Have put in two prelim claims for charges plus contractual interest. The second CPR deadline I gave expires in just over a week...fully expecting to have to go down the court route and a little bit scared!

[slick132]

Hi EL,

 

As this is a new strategy, don't go straight to court.

 

We can maybe get some input from Pt2537 who started this particular ball rolling.

 

But see if BC respond by the deadline first. Did you send by Rec'd Del'y and to what address please.

 

[eastlondoner]

I send everything recorded. When I got the Morgan Stanley response to CCA request it was from a lady at the Court Orders and Disclosures/Legal and Regulatory Compliance department, so I sent CPR for this account to her personally at the 1234 Pavilion Drive address in Northampton. For the visa I sent it to the address I have been dealing with all along for that account which is the other Northampton address for customer services.

[slick132]

It's good that you have the Rec'd Del'y receipts.

 

If it comes to filing at court on this, see here - http://www.consumeractiongroup.co.uk/forum/barclaycard/173450-use-right-name-when.html

[eastlondoner]

Thanks Slick...still another week and a bit before the second deadline expires. Although I doubt very much I will receive anything from them by then. Will await and see. If I have to get them to disclose through court I will run everything by on here first!

[bones01]

hi subscribing , as in the same boat , just trailing a bit behind you , good luck

[eastlondoner]

Good luck to you too Bones, I've got my eye on your thread too! Barclays are an absolute pain in the backside to deal with, but sharing everybody else's experiences on here is a great help

[slick132]

Just to confirm EL,

 

When I said "Filing at court", I should say "Apply" which you'd do on Form N244.

 

[eastlondoner]

Yes, thanks slick, I presumed you meant 'file' at court! Anxious as it does seem risky; think my Morgan Stanley form is improperly executed rather than unenforceable, but I do want to find out where these missing conditions are

[LampLighter]

Subbing.

 

I've started jogging after you - I am seriously concerned with the quality of their documentation. Until such time as I fail to receive same for inspection, that is. After that I don't care about their problems, at all.

[eastlondoner]

Also, just wondering what the general consensus was on making charges claims in the middle of a CCA dispute; I have read elsewhere on the site that it is a bad idea? I do not want to complicate the CCA issue if making the charges claims will do this, especially as I am in the thick of it now with the CCA...? Thanks Slick and everyone for answering my inane and prob quite stupid panicky questions. It must be the thrill of it all!