Barclaycard Microfiche Gumph

[tamadus]

Been Thinking Over This As Csl Have Now Taken Over From Mercers Trying To Get Money Out Of Me.

 

Yesterday Was Issued With A Notice Of Legal Proceedings.

 

Technically As I Have Not Been Able To Get Statements Out Of Barclaycard I Have Not Been Able To Pursue Them.

 

I Was Wondering Whether It Would Be An Idea To Send Both Csl And Barclaycard A Cca Letter Instead Of Pursuing The Back Statements And Going For The Jugular. If They Cannot Produce The Original Agreement Could I Get The Whole Debt Written Off.

 

Anyone Any Thoughts On This

 

Juli99

 

I have already started this approach and Barclaycard have gone into default on the CCA request today so just waiting another 30 days then I am going to hit them where it really hurts.

 

They haven't even acknowledged the CCA request yet.

 

Tamadus

[JULI99]

I Wonder If This Is The Way To Go With Barclaycard As They Seem To Ignore The Data Protection Act S.a.r. Letters.

 

This Way Does Seem To Be Able To Hit Them With A More Immediate Effect.

 

Can I Ask A Question

 

Does The 30 Days Begin After The 12 Working Days Has Run Thru?

[tamadus]

They have 12 working days before going into default, then they have 30 calendar days, after which they are committing a criminal offence and the debt becomes unenforceable. There are several threads that have discused this extensively.

[JULI99]

Thanks For That. Knew There Was Threads But Couldn't Find Where I Had Got The Template From. Could Be Possibly Due To The Fact That My Youngest Has Just Started School And Am Trying To Fit

Everything Into A 2 Hour Window Before He Gets Home. Roll On 2 Weeks From Now When He Can Stay All Day.

[Glenn UK]

They have 12 working days before going into default, then they have 30 calendar days, after which they are comitting a criminal offence and the debt becomes unenforceable. There are several threads that have discused this extensively.

 

Tadamus

 

I have seen the uneforceable concept posted many times but cant recall seeing a link or clairifcation for it, do you have one please, someone was asking for it earlier and i dont know where it is

 

Glenn

[tamadus]

Tadamus

 

I have seen the uneforceable concept posted many times but cant recall seeing a link or clairifcation for it, do you have one please, someone was asking for it earlier and i dont know where it is

 

Glenn

 

Its covered very well in the thread 'Loan Company Cannot provide Original Agreement' in other Institutions forum.

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/10900-loan-company-cannot-supply.html

 

Basically its covered in sections 77(1) and 78(1) IIRC of the Consumer Credit Act. In simple terms it means they have to be able to prove the debt exists in order to be able to enforce it, and the agreement is the only way of doing that.

[Glenn UK]

Thanks

 

I did read through that but have been concentrating on my banks right now.

 

Cheers

 

Glenn

[mackerel]

Hi, i'm just about to send my SAR to barclaycard, and was just wondering if people are actually getting their statements after all this micofish hooha? Are people hitting a brick wall at this stage, or do they complain to the information comissioner, and carry on with proceedings?

 

:idea:

[JULI99]

I Think You Can Get Your Statements Going Back To May 04 No Problem But Then Nothing Unless You Pay £3 Per Statement (so They Say).

Don't Know About The Complaining To The Information Commisioner As I Have Not Gone That Route Yet. Just Written A Cca Letter To Find Out When I Took This Card Out I.e. Original Agreement.

 

Good Luck And Don't Give In There Are Ways Round This And We Will All Get There In The End.

 

Juli99

[JULI99]

Bit Of A Mess

 

Has Anyone Had Any Dealings With Credit Solutions Ltd.

Despite Sending Them A Letter Threatening Them With Legal Action Over There Constant Phone Calls And More Recently A Cca To Both Barclaycard And Csl It Has Made No Difference. They Seem To Just Ignore Everything. The Phone Calls Go As Follows

 

"can I Speak To Mr Xxx"

 

"no, He Doesn't Get Back From Work Till 10pm"

 

Ten Minutes Later Same Person

 

"can I Speak To Mr Xxx"

 

"no He Doesn't Get Back From Work Til 10 Pm Can You Make A Note On Your Screen And Stop Calling."

 

Twenty Minutes Later Etc Etc

 

I Sent Them A Cheque For £100 Saying The Account Was In Dispute On The Same Day As The Cca Letters And Have Now Recieved A Letter Threatening Court Action If The Outstanding Debt Is Not Settled Within 7 Days From Csl. Do I Just Ignore This Letter. The 12 Working Days Is Up On 26th September, The Letter Threatening Legal Proceendings Is Dated 11th September. 7 Days Later Will Bring It To 18th September.

How Do You Stand In This Situation When You Are In The Midst Of The Debt Becoming Unenforceable? (we All Know Neither Barclaycard Or Csl Will Produce Anything Due To It All Being On Microfiche) Or Can They Still Issue Court Proceedings Against You?

[tamadus]

Newman & Co and AssetLink are the same. Despite being told NOT to call me and refusing to answer their security questions they are still phoning my home, my cell and my office. I have sent letters to both of them warning I will take action without further notice.

 

AssetLink are acting for GE MOney who have until the 16th Septemeber to comply with my Data Protection Act S.A.R - (Subject Access Request) so they have passed it over in retaliation.

 

Newman & Co are acting for Capital One who not only have an outstanding CCA request but I have also issued a claim against them on MCOL which was deemed served on the 10th September. They have until the 24th to file a defence, I have told both these DCA's that I will not hesitate to defend any action they start and I almost hope they do because the Judge is going to love that a file was passed over when already in the hands of the court. If either Newmans or AssetLink are reading this thread, I have one thing to say to you both, please read very carefully. I am sick and tired of your threats and intimidation, so if you think you have a case then please issue in court instead of trying to bully me into submission because I dont lie down easy.

 

In your case Juli I think I would send a recorded delivery letter telling them (nicely of course) that the next time you will talk to them will be in court when your action for harassment comes up. Also contact the FSA, OFT and Trading Standards and tell them your written requests are being ignored and that CSL are trying to intimidate you into giving up your claim.

 

If they do issue in court you have a defence ready made in your CCA request and their harassment.

[JULI99]

May Have Been Taken Out Of My Hands.

 

My Little Boy Answered The Phone Yesterday And When The Person Asked For Me He Shouted "he's Dead" Then Slammed The Phone Down Then Picked It Up Again And Shouted Down The Phone "he's F*****g Dead Don't Ring Again."

 

Wonder If They Took That On Board As They Did Not Ring Again.

 

Maybe Announcing Our Own Deaths Is The Way To Go To Stop Them Calling.

[JULI99]

Cannot Quite Believe It Gone 2pm And Not A Single Phone Call From Them. They Have Usually Called At Least 4 Times By Now.

 

If They Don't Call Again Maybe My 4 Year Old Has Succeeded Where Threat Of Court Action Failed.

 

Heres Hoping

[tamadus]

lmao send your son here to act as my receptionist

[JULI99]

Sorry Currently Starrng On The New Xfm Advert That Is Going To Be In The Cinemas. He's The One With The Bright Blond Flowing Locks.

 

Not One Phone Call From Them In 24 Hours.

 

Do You Think They Believe Him And May Write Off My Debt Because Of My Departure From This Mortal Coil. One Can Only Hope.

 

Juli99

[tamadus]

Knowing how some of them work they will probably try chasing him for the balance out of his movie royalties.

 

But if its given you some respite great.

[lynzpower]

http://www.consumeractiongroup.co.uk/forum/barclaycard/30435-another-tree-bark-up.html

 

read this

[tamadus]

Barclaycard have finally responded to my CCA request. only problem is they have sent me a copy of the Application form I completed when I first applied for a card. Now does anyone have any idea if this actually constitutes a signed credit agreement? I suspect its nothing more than an application form and NOT a credit agreement. Need to do some more research into this I suspect.

[tamadus]

Letter also received from ICO while I was away following my complaint regarding Barclaycard and my SAR

 

It appears they are currently trying to arrange a visit to inspect their filing systems but they do state that microfiche may fall outside an SAR depending on how the fiches are stored and retrieved

[JULI99]

GOT PHONE CALL FROM CREDIT SOLUTIONS YESTERDAY

Just to clear up this account is held by MY "OH". Got a phone call FROM A WOMAN WHO WANTED ME TO PASS A MESSAGE ON TO MY OH TO CALL THEM. WHEN I REFUSED AND TRIED TO EXPLAIN WHY. I WAS NOT GIVEN ANY CHANCE AS SHE JUST SHOUTED THAT WAS I REFUSING TO PASS ON A MESSAGE. OVER AND OVER AGAIN. I WOULDN'T MIND BUT I DO NOT OWE ANYTHING TO CSL OR ANYONE THEY DEAL WITH. SO SHOUTING AT ME WAS NOT GOING TO ACHIEVE ANYTHING APART FROM PUTTING MY BACK UP.

 

HOW DARE SOME O*D T**T SHOUT AT ME.

 

SPOKE TO OFT WHO TOLD ME TO CALL THE POLICE WHO TOLD ME TO CALL THE CAB.

 

ANYONE ELSE DEALT WITH CAB IN WATFORD. PERSON I SPOKE TO THERE FIRSTLY TOLD ME SHE DID NOT KNOW OF ANY LAWS ETC WHERE YOU COULD GET YOUR OVERLIMIT FEES ETC BACK. THEN SHE FOUND THEIR ADVICE WHICH INVOLVED APOLOGISING FOR THE LATE PAYMENTS AND LEAVING IT TO THE DISCRETION OF THE COMPANY OF WHAT YOU COULD GET BACK. IF YOU HAD BEEN A REGULAR RULE BREAKER THEN THE COMPANY WAS WITHIN ITS RIGHTS TO REFUSE TO REFUND THE CHARGES. BUT IF YOU WEREN'T THEN UNDER THE Unfair Terms in Consumer Contracts Regulations 1999 YOU COULD GET YOUR MONEY BACK. I LEFT IT AT THAT AS THERE WAS NO POINT IN TRYING TO EXPLAIN TO THIS WOMAN THAT WHAT SHE WAS SAYING DID NOT MAKE SENSE. HOWEVER SHE DID SAY THAT MY OH SHOULD WRITE ANOTHER LETTER AND IF THEY FAILED TO STOP CALLING THEN TO CALL THE POLICE.

 

ANYONE ELSE DEALT WITH WATFORD CAB OR ANY OTHER CAB THAT DOES NOT UNDERSTAND WHAT IS GOING ON.

 

JULI99

[MARTIN3030]

Not sure I understand either ?

[JULI99]

PERSON I SPOKE TO GAVE THE IMPRESSION THAT AS BARCLAYCARD HAD SENT THE STATEMENT SHOWING THAT £xxx WAS PAYABLE THEN YOU NEEDED TO PAY £XXX. THE VERY IDEA THAT THEY MIGHT BE WRONG OR HAD MADE A MISTAKE WAS INCONCIEVABLE. SHE EVEN QUOTED THE T&C'S AT ME. THAT A BANK WOULD CHARGE UNLAWFUL FEES WAS UNTHINKABLE

[MARTIN3030]

yes:rolleyes:

[JULI99]

It Was The Idea That You Could Take A Credit Card Company To Court That Really Seemed To Blow Her Mind. Her Way Of Thinking Was If You Asked Very Very Nicely And You Hadn't Been Too Naughty They Might Just Refund You Something

 

Juli99

[JULI99]

Got A Letter From Csl Saying The Credit Agreement Had Been Sent To Me On 15th September 2006. The letter was dated 11th September 2006!!!!! But Wasnt Recieved By Me Until 4th October.

 

Cca Letter Was Received By Csl On 8th September a Friday. This letter was dated on the Monday 11th september

 

Even If Csl Had Sent The Credit Agreement On 15th That Would Have Given Them Just 7 Days To Contact Barclaycard And Ask For Original Credit Agreement, Barclaycard Find The Original Credit Agreement (off Microfiche As It Was Before May 2005) Take A Copy, Forward It To Csl Who Then Put A Copy In The Post To Me.

 

Who Did Not Receive It.

 

Does Anyone Think Csl Might Not Understand What A Credit Agreement Is?