credit card agrement barcleycard

[bolton69]

hi . i got a barclaycard on the internet, and did not sighn a cca, can they take me to court ccj without it. i o £1300 on the card, i am on jobseekers allowance, and can not pay ,

[42man]

Hi Bolton...and welcome to the CAG forums....a quick question when did you sign up for this ?

 

This link might help too - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/152384-help-dca-chasing-me.html

[bolton69]

i opened the acount with barclaycard 2005 but have not signed a credit agrement i read in national debtline that acounts opened on the internet after 2005 dont need a credit agrement sighed,

[adamski]

Send of a CCA request and see what they come up with.

 

I think it is December 2004 that online CCAs became law after that they need no signiture.

[bolton69]

hi i have just recived a sd from 1st credit, the debt is £3500 credit card marbals, i am on jobseekers allowance and live in a rented flat with no asits , what is the chance of them going to court.

[mr.ton]

These things are usually just used as scare tactics by DCA's to frighten people into paying up.

If you rent your own place, have no assets & live on JSA - then i cannot see the logic of 1st Crud issueing you with 1 of these & i cannot see what a court could possibly do under these circumstances either other than dismiss the whole thing or just order you to pay £1 per month once all essential outgoings are taken into account ;-)

[mr.ton]

Or if you really tweak your outgoings a bit & show that you have nothing left over at all...the court could order a suspended judgement? .

.....this is all hypothetical anyway for if it did get to court, my guess is it wont as 1st Crud will have to spend money to get you there & is it worthwhile for them to do that for someone in your situation?

[fiftypence]

They are definitely scare tactics. I have received a couple of Sd's this year and ignored them, they threatened me with bankruptcy but one of the template letters off this forum stopped all their nonsense and they have closed their files.

 

You will probably get a lot of advice telling you to get the SD set aside, its certainly the safest option just in case they do try and follow up with a bankruptcy petition. If you do try and get it set aside it is a bit of a rigmarole but you should be able to get some costs back if you do it correctly, and there will be plenty of help on here for you. If you are a bit strapped for cash maybe the idea of some tax free money from the people trying to get money out of you appeals to you.

[mr.ton]

If i was in the OP's situation..i would not spend a penny & would let 1st Crud do all the running etc...if it ever got to court - then there is not much the court could do given the OP's personal situation

[fiftypence]

There are certainly 2 ways of handling it mr.t can't argue with that, either sit back and do sweet FA (I did and it cost me the price of a couple of stamps) and leave it to them to make the running or do a bit of running around yourself and put a bit of effort in but get rewarded for it (although being awarded costs is not a given, some judges have not given them so bear that in mind too).

 

You takes your choice...

[ScabHunter]

If you are in a rented flat, on benefits, and in debt for £3500 I would have thought you would have welcomed the idea of these morons paying for your bankruptcy petition.

 

The only problem is, they won't do it. They are all bluff and lies.

 

As it is free to apply for a set aside, I would do that in your situation. You may be awarded costs.

 

The courts do not like the abuse of the Insolvency process by debt collectors, and this is as blatant a case of abuse as it is possible to get. There is not one chance in a million that they are serious about paying £1,000 to bankrupt someone who will give them no return on "investment".

 

Also, the fact that they have issued a Statutory Demand to someone on benefits shows that they don't know their head from their arse.

 

They could have made a legitimate claim in the county court instead, which could lead to them getting a CCJ.

 

I strongly recommend sending off a CCA request if you have not done so already. You need to find out what they hold in the way of an agreement.

 

SH

Edited November 18, 2008 by ScabHunter

[42man]

Be advised that 1st Credit and their sidekick company Connaught do follow through with BR proceedings.... - They did with me and with this cagger here - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/154693-1st-credit-connaught.html

 

Although they tend to use a no win no fee solicitors to present the BR....

 

I would always recommend a set aside - As far as I know, I haven't seen one that has been lost on here, and a significant number win their costs -

 

This is a good thread for help - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/164580-capquest-sd-please-help.html?highlight=chezza

 

If you need any help do shout !!!

 

Some good ones here too.... - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/

[42man]

First thing to do is send an agreement request off....

 

And you've got 18 days from receipt of hte demand to submit forms 6.4 and 6.5 to your local county court (or the nearest one to you that handles bankruptcies) ring your local county court to check...

 

You can find the forms here - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/86067-getting-statutory-demand-set.html

[mr.ton]

What use is it making someone who rents a flat, has no assets & is on benefits bankrupt exactly?

Total waste of time if you ask me & ive no idea how something like that given the OP's personal situation would be organized/sorted out

[bolton69]

hi. i have agreed to pay ist credit £10 a month after they isued a sd it scared me, i have payed the first 10 pound this month, i also sent for my cca by recorded mail. they have phoned me back to say they dont have it they may need more time its been 35 days now, do i stop paying until i get the cca, and if they can not produse it what can i do, thanks for any help

[berrylover]

Yes send them this, recorded delivery and unsigned, and stop the standing order.

 

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY.

 

 

Account number

 

Dear sir,

 

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

 

To date you have failed to comply with these requests in any way.

 

To date you have failed to comply with these requests in any way.

 

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 (enter date) I made a formal request for a copy of the signed, executed credit agreement for the above account under Sections 77-79 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.

 

These limits have expired.

 

As you are no doubt aware the Consumer Credit Act states:

 

If the creditor fails to comply with Subsection (1)

 

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

 

Therefore this account has become unenforceable at law.

 

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

 

Furthermore I shall counter-claim 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 of the initial request to stop processing my details, 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 including but not limited to Trading Standards, the Office of Fair Trading, the Information Commissioners Office, The Financial Ombudsman Service and my MP .

 

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Please treat this also as a formal complaint, and send me a copy of your company complaints procedure.

 

Be advised that any further telephone calls from your company will be recorded.

 

I await your written confirmation that this matter is now closed.

 

Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I look forward to your reply.

 

You have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

Yours faithfully,

[bolton69]

i was sent a s.d , 8 months ago. they have not taken any acton, they sent me a letter to day to say they are proseeding with bankrupsy . is there any time limit on the sd they sent me 8 months ago

[42man]

If you didn't get it set aside within 18 days then it 'runs out', if you want to get it set aside after the 18 days then it will cost you £30 to do this.....

 

A few questions

How was the demand delivered ?

Do you know what the debt is for ?

Have you sent off a CCA request ?

[bolton69]

If you didn't get it set aside within 18 days then it 'runs out', if you want to get it set aside after the 18 days then it will cost you £30 to do this.....

 

A few questions

How was the demand delivered ?

Do you know what the debt is for ?

Have you sent off a CCA request ?

so do thet have to sent me another sd to make me bankrupt

[42man]

As far as I know, they have to petition for your bankruptcy within either 3 or 4 months (I think) of the stat demand......

[jadzia.dax1]

I think....A bankruptcy petition may be presented within 4 months of the date of service of the SD. After that I believe they have missed the boat on that perticular SD....

 

[bolton69]

hi, is it worth sending a cca to my card company , i got the card online, and have not put a signatue on any agrement, if i do what can i expect back,

[bolton69]

hi i owe barclaycard £1285 , i am on jobseekers allowance £60 a week, i want to offer them £5 a month, do you think they whould acept this offer, thanks for any help

[spamheed]

If that's all you can afford then that's all you can afford.

 

I would think that a person on benefits would only be able to make a token payment of £1 a month and nothing more

[pt2537]

how old is the account?