Barclaycard Cca Received! - Claim now issued ***SETTLED***

[tosh1]

Thanks Payback

 

You mention the 30 days. That legislation is no longer current is it?

 

Tosh1

[fedup74]

Hi tosh- you're right the 30 days was repealed (earlier this year I think) So it is just the 12 +2 that count.

[tosh1]

Hi

 

Received this from Barclaycard -

 

Could someone please advise

 

BARCLAYCARD001.jpg - Image - Photobucket - Video and Image Hosting

 

Thank you

[banker_rhymes_with]

Hello Tosh1!

 

Well, that's Barclaycardshark asking you for the full Balance, i.e. I assume that is Arrears they say you have not paid from the Default Notice, plus the main Balance that was not otherwise due.

 

This means the Agreement is now over, IOW, it is Terminated. I don't think they should be adding Interest in that case, but we'll come back to that.

 

So, they clearly regard the alleged Agreement has now ended, as they are asking you to Pay everything, which I'm sure wasn't covered by the Agreement or they'd have asked for everything whenever they felt like it.

 

Likewise, the fact that they are asking you for the whole lot now, suggests they think they have both of the following:

 

(a) An Enforceable Agreement (i.e. the Original Copy of a properly executed Regulated Credit Card Agreement).

 

(b) A Valid Default Notice issued under s87(1) and compliant with s88. That being a Notice that you failed to remedy within the Statutory timescale allowed, thus bestowing upon them the benefits of s87 (i.e. the Right to ask you for the whole Balance including sums that were not otherwise due until Lawful Termination).

 

Unless they have (a), then (b) is wholly irrelevent...there is no Debt.

 

Assuming for a moment that they have (a), but cock-up (b), then they lose any Rights to s87 and are then effectively limited to claiming just the Arrears that were due before Termination.

 

However Part One: did they send you a Default Notice? It would be useful to see if it was valid or not. Without that they are up poo creek without a Paddle.

 

However Part Two: the document you presented up at Post #01 above is just a blank Application Form and a bunch of Terms & Conditions in another Document. That does not make an Enforceable Agreement (although I can't see that you have mentioned when the alleged Agreement was made, I'm assuming it was pre-2004 and not an on-line application). Without an Enforceable Agreement, they are up poo creek with a useless Paddle and no Canoe.

 

Cheers,

BRW

[tosh1]

Hi

 

The b/c was taken before 2004.

 

I cannot find any default notices that they have sent as I normally file these in the b/c folder, all i can see is the normal mercers rubbish that was sent and there reason of a 'true copy' of the cca.

[banker_rhymes_with]

Hello Tosh1!

 

The b/c was taken before 2004.

 

Good, I was mainly worried in case it was recent and you may've completed it on-line.

 

...all i can see is the normal mercers rubbish that was sent and there reason of a 'true copy' of the cca...

 

Have a good look through the Mercers rubbish, as one of them may be the Default Notice. It won't stand out, so you will need to look for any that say s87(1), or Notice and s87(1).

 

Cheers,

BRW

[tosh1]

ok

 

I have gone through all the papaerwork received from Mercers, Scotcall, Calder Financial and Barclaycard. Nothing in those letters mentions s87(1), or Notice and s87(1).

[tosh1]

would it help if i sent a sar request to them or it that too late?

Edited January 14, 2009 by tosh1

[tosh1]

CAN I SEND SOMETHING LIKE THIS

 

Barclaycard

1234 PAVILLION DRIVE

NORTHAMPTON

NN4 7SG

 

13/01/09

 

Reference: **** **** **** ****

 

 

Dear Zara Woods

 

I write with regards to your response dated the 07/01/09 and enclose a copy of a request I made to your organization on the 22/12/08.

 

I respectfully requested that you provided me by return a copy of the credit agreement which bears my signature. I require this as I have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.

 

In view of the circumstances I do not feel it unreasonable to ask for this document to be disclosed, it is not commercially sensitive nor is it a restricted document and should be easily accessible for an organization such as yours. Therefore I would ask that you provide me with a copy of the contract which bears my signature; I require the complete document with all its parts.

 

Obviously if the agreement is improperly executed I would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

 

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances

 

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

 

I do not view this as an unreasonable request given that by supplying the document which I have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

 

Since this matter is likely to be subject to proceedings and given that your organization is likely to be a defendant in any action which would be brought by me, I must draw your attention to Civil Procedure Rules part 31.16(3)©&(D) which gives the court the power to order you to disclose this document to me.

 

 

 

The disclosure of these documents will allow me to consider any claim I may have against your organization and will allow for the matter to be dealt with possibly without the need for costly litigation. Therefore I again ask that you provide me with the documents which I have previously requested. I don't not consider this request unreasonable and therefore if you fail to comply with my request I will be left no option but to make an application to Leicester County Court for an order made under the provisions of CPR 31.16 ordering you to disclose the documents which I have requested.

 

Additionally I will ask the court to make an order for my costs in bringing this application and reserve the right to disclose all communications in this matter before the court should such an application become necessary

 

Please confirm by no later then **/**/09 that you will comply with my request or if you will not comply, please provide your reasons in writing

 

Regards

 

[Desperate Daniella]

Hi Tosh,

 

This morning I received my "copy of your original Barclaycard Credit Agreement at the time you opened your account."

 

Except I didnt. I received one sheet of photcopied "Barclaycard Conditions of Use (copy for you to retain)". There is nothing about me at all, no name, address, signature, nothing.

 

They tell me they have completed their obligation to me under Section 78 of the CCA 1974. I don't think so.

 

Will start my own thread.

 

DD

[banker_rhymes_with]

Hello Tosh1!

 

I would indeed send them a Subject Access Request and the £10 fee. You are never too late to send that Request, it can be sent at any time. Do send it via Special Delivery, and send everything to:

 

The Company Secretary

Barclays Bank plc

1 Churchill Place

London

E14 5HP

 

The above is their Primary point of contact for the Service of Documents, and it is the Registered Office for the bank. The buck stops there, and they cannot claim the letter was not served to the correct address.

 

Be aware that Barclays recently slid out of a Court Claim because they claimed a Letter was not received by them, as it went to a Barclaycard Address instead of their Registered Office Address!

 

So, if they want to play games, don't risk sending anything important to a sub-address.

 

Remember, Barclaycard is Barclays Bank plc Trading As, so Barclaycard is Barclays Bank plc.

 

The letter you propose to send looks fine, but I'd edit the Address and target employee in view of the above, i.e.:

 

The Company Secretary

Barclays Bank plc

1 Churchill Place

London

E14 5HP

 

XX/01/2009

 

Reference: **** **** **** ****

 

Dear Sir or Madam,

 

I write with regards to your response dated the 07/01/2009 and enclose a copy of a request I made to your organisation on the 22/12/2008.

 

I respectfully requested that you provided me, by return, a copy of the alleged Credit Card Agreement which bears my signature. I require this as I have reason to believe that there may be discrepancies within the alleged Agreement which may leave it improperly executed.

 

In view of the circumstances, I do not feel it unreasonable to ask for this document to be disclosed, it is not commercially sensitive nor is it a restricted document and should be easily accessible for an organisation such as yours. Therefore I would ask that you provide me with a copy of the alleged Contract which bears my signature; I require the complete document with all its parts.

 

Obviously, if the alleged Agreement is improperly executed I would be entitled to ask the Court to consider the alleged Agreement and make a declaration of the rights of parties to the alleged Agreement.

 

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules (Pre action protocols and Part 31.16) and, therefore, an unsigned copy will not suffice. Only a copy of the original Contract in its unaltered form will suffice in these circumstances

 

Please confirm if you still hold a copy of the signed alleged Agreement and that you will provide me with this document.

 

I do not view this as an unreasonable request given that by supplying the document which I have asked for, it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the Court and will undoubtedly save costs on both sides

 

Since this matter is likely to be subject to proceedings and given that your organisation is likely to be a Defendant in any action which would be brought by me, I must draw your attention to Civil Procedure Rules part 31.16(3)©&(D) which gives the Court the power to order you to disclose this document to me.

 

The disclosure of these documents will allow me to consider any Claim I may have against your organisation and will allow for the matter to be dealt with, possibly without the need for costly litigation. Therefore, I again ask that you provide me with the documents which I have previously requested. I do not consider this request unreasonable and therefore if you fail to comply with my request I will be left no option but to make an application to Leicester County Court for an order made under the provisions of CPR 31.16 ordering you to disclose the documents which I have requested.

 

Additionally I will ask the Court to make an order for my costs in bringing this application and reserve the right to disclose all communications in this matter before the Court should such an application become necessary

 

Please confirm by no later then **/**/2009 that you will comply with my request or, if you will not comply, please provide your reasons in writing.

 

Yours faithfully,

Tosh1

 

I've tweaked the letter a little, mainly to break any link between you and the alleged Agreement. It's minor, but I feel that until they prove there is a binding Agreement, it is an alleged Agreement until they do.

 

I hope this helps.

 

Cheers,

BRW

Edited January 14, 2009 by banker_rhymes_with
Clarity.

[bazaar]

Hi Just my two bobs worth.

Wouldnt sending the letter, alert them to the fact that youre going to contest the agreement and give them time to manufacture one?

If they havent sent you a CCA, then they are the ones in default.

As such no payment is made after you point out that they are in default, up to the point they produce the signed agreement, or unless they take you to court. At which point you request the agreement via CPR.

B/Card and Mercers will give you the run around, far better to keep them guessing about what you know and let em walk on that patch of leaves and sticks, to inpale themselves on the bamboo spears in that large hole.

[banker_rhymes_with]

Hello Bazaar!

 

Wouldn't sending the letter, alert them to the fact that you're going to contest the agreement and give them time to manufacture one?

 

Good point. It wasn't my letter, all I did was tweak the format a bit.

 

It did make me think when tweaking it that maybe those areas should be left out...but I was too lost in the text tweaking to stand back far enough to really give it the thought it deserved.

 

There's nothing wrong with the letter, I stress that many letters do need to be hacked around until they fit what you want them to say. The letter may be ideal for one case, and less ideal for another. Like all letters copied from CAG, make sure they say what you want them to say...and adjust as needed!

 

Cheers,

BRW

Edited January 14, 2009 by banker_rhymes_with
Further advice was needed!

[bazaar]

Hello Bazaar!

 

 

 

Good point. It wasn't my letter, all I did was tweak the format a bit.

 

It did make me think when tweaking it that maybe those areas should be left out...but I was too lost in the text tweaking to stand back far enough to really give it the thought it deserved.

 

There's nothing wrong with the letter, I stress that many letters do need to be hacked around until they fit what you want them to say. The letter may be ideal for one case, and less ideal for another. Like all letters copied from CAG, make sure they say what you want them to say...and adjust as needed!

 

Cheers,

BRW

 

 

Agreed, we need to stress more that the templates need to be adjusted to suit peoples needs. Maybe post up the draft before sending even.

[tosh1]

OK

 

I received a letter this morning from Lewis Debt recovery saying that are acting for CL Finance Ltd and fromal notice of assignment is set below and the amount must be paid to them immediately.

 

They are also autherorised to take further action to recover the debt if not paid with in a certain date.

 

are there any suggestions about this.

[tosh1]

Can I send something like this -

 

THIS IS A REQUEST UNDER THE CIVIL PROCEDURE RULES.

PLEASE DO NOT IGNORE.

 

I am in receipt of your letter dated 20th February; this was received on 26th February 2009.

 

I am sure that you are aware that I have long since requested from your client, under both the Consumer Credit Act 1974 (The Act) and the Data Protection Act 1998, a copy of the agreement to which both you and your client allege I am a signatory. To date this has not been provided to me and whilst I appreciate your client has endeavored to persuade me that the provision of a copy of the Terms and Conditions is sufficient to discharge your client from further obligations under section 78 of the Act. Likewise I too have explained that the mere provision of a copy of Terms and Conditions is not a legally permissible substitute for the provision of a true copy of the executed agreement as required under section 78 of the Act and as prescribed by Regulation 3 Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

 

I am sure you are also aware that under section 78(6) of the Act, whilst a creditor is in default of a request made under sub-section (1) they may not enforce the agreement.

 

Notwithstanding the foregoing and your client's persistent, unexplained and willful refusal to supply a copy of the executed agreement in accordance with its obligations (the permitted omissions under Regulation 3(2) accepted), your client has made plain its intention to begin legal proceedings against me. In consequence this matter may now be treated as one which is subject to the control of the Civil Procedure Rules.

 

Take notice therefore that under CPR Practice Direction - Protocols paragraph 4.6(a) and (d), I request that you supply copies of the following documents:

 

[1] a true copy of the executed credit agreement incorporating prescribed notices, terms and conditions applicable at the time the agreement was executed and

[2] Any further or subsequent notices, terms and conditions relied upon.

 

Please note that my request under the Practice Direction is not a request for production within the confines of the Act and Regulations but rather, it is for a copy of the executed agreement, including signatures and all such other notices, terms and conditions as will be relied upon in the event that your client shall begin a claim.

 

A copy of the documents I have requested should be supplied to me within 14 days and you are urged not to begin proceedings for a period of not less than 14 days following the supply of those documents to me.

 

Should your client elect to ignore my request under the Practice Direction and commence proceedings, it is likely that I shall repeat my request for the provision of documents under CPR 31.14. In the event that your client should fail to comply with my CPR 31.14 request, I will not hesitate in making an application to the court for an order that further proceedings upon the claim be stayed pending provision of the requisite documents, in the course of which application I will of course refer to this and previous requests for the provision of copy documents.

 

I look forward to hearing from you within the time stated.

 

Yours faithfully,

Edited February 26, 2009 by tosh1

[IdaInFife]

you can send the dca

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007. Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be resolved on **DATE**, this obviously hasn’t happened. As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

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

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter. I look forward to hearing from you in writing.

Yours faithfully,

 

 

Ida x

[tosh1]

bump

[tosh1]

Thanks Ida. I'll get it in the post today.

[24138963]

Sorry to go off topic slightly,can someone explain about cards taken out after 2004,this was an online application?

[tosh1]

Hi

 

I received a letter from Howard Lohen & Co solicitors today. Going to try and download it.

 

Tosh1

[tosh1]

heres the link -

 

Edited March 5, 2009 by tosh1

[tosh1]

Hi

 

I have recieved the normal t and c from my request of a cca from barclaycard and this has been passed on to howard cohen solicoters. should i cca them and I have just been reading some other posts and have noticed that i could cpr them, whatever that means.

 

could someone please advise.

 

Thank you

[tosh1]

bump

[Wilma Shoozfit]

Hi Tosh

I would re-vamp Ida's letter and send it off to Howard Cohen - Tell them to pass the alledged debt back to the original creditor to resolve the dispute or provide a true copy of the signed credit agreement on which they base their claim.

I'd also hi-light the bit about the unlawful and vexatious. (they are after all solicitors and may need reminding of this:))

 

Did you ever get round to sending off the SAR?-

 

Wils