Barclaycard Microfiche Gumph

[JULI99]

I'm Thinking Of The Judges Face When They Come Out With Yes The Customer Did Send The Money And Yes We Have Recieved It But We Decided To Proceed With Court Action Anyway.

[JULI99]

Barclaycard Have Now Committed A Criminal Offence By Not Sending Me My Original Credit Agreement.

 

I Have Stopped Paying Them And Until They Send Me The Credit Agreement They Won't Be Getting Another Penny.

 

This Is All Because They Would Not Send Me My Statements In The First Place. Completely Unbelievable.

 

JULI99

[tamadus]

Barclaycard Have Now Committed A Criminal Offence By Not Sending Me My Original Credit Agreement.

 

I Have Stopped Paying Them And Until They Send Me The Credit Agreement They Won't Be Getting Another Penny.

 

This Is All Because They Would Not Send Me My Statements In The First Place. Completely Unbelievable.

 

JULI99

 

I todl them the same and for the same reason in September Juli and the silence is deafening

[Number6]

I todl them the same and for the same reason in September Juli and the silence is deafening

 

Just to chuck in my 2p worth.

 

I have received nothing substantive from any of my CC companies, including Barclaycard since i told them to go away.

 

Pete

[tamadus]

Just to chuck in my 2p worth.

 

I have received nothing substantive from any of my CC companies, including Barclaycard since i told them to go away.

 

Pete

 

don't know about substantive I have heard nothing at all from the

 

its just become a long drawn out waiting game now, still I can amuse myself with GE Money and the Link group of companies now Both of which if they are watching this are about to get reported to the ICO and FOS for some very serious breaches of both the DPA and the CCA

[Number6]

I had a letter from Barclaycard today regarding my complaint about not sending statements prior to May 2004.

 

The letter states that BC feel they've exhausted their complaints procedure and refered me to the FOS if I want to take it further.

 

Pete

[tamadus]

I had a letter from Barclaycard today regarding my complaint about not sending statements prior to May 2004.

 

The letter states that BC feel they've exhausted their complaints procedure and refered me to the FOS if I want to take it further.

 

Pete

 

ohhhh is that the letter I got at the start of October ? LMAO

[Number6]

ohhhh is that the letter I got at the start of October ? LMAO

 

It could well be, I find it difficult to keep up with all the letters and threads these days

 

Pete

[JULI99]

I am just enjoying the peace and quiet. No phones ringing, no letters in the post oh bliss I wonder how long it is going to last.

 

juli99

[tamadus]

I am just enjoying the peace and quiet. No phones ringing, no letters in the post oh bliss I wonder how long it is going to last.

 

juli99

 

probably not long Juli. Lloyds TSB (who did eventually produce the agreement) have started the phone calls and threats again so I am about to send them another letter 8am they woke me this morning and it's a Saturday:shock:

[bobtheb]

Hi just had my reply from the ICO ,three pages long and a bit confusing in places,but they say: following our visit(to Barclaycard)we concluded that the microfiche system used by Barclaycard is a relevent filing system for the purposes of the act. This means that in our view the informaton is personal data and should have been supplied as part of your SAR within 40 days and for a maximum fee of £10

[ncf355]

OMG!

 

 

Does this mean Victory is ours at last?!!!

 

Well done!

 

 

 

 

A short 'kick up the rse' type letter will be winging its way to Barclaycard very soon!

[lynzpower]

yep I just got it too

[noomill060]

Wonder how much a reasonable claim for damages would be, just to give Barclaycrud a nice slap in the face with a wet microfish.

[JULI99]

Well I recieved this letter from the Court Orders and Disclosures Clerk today.

 

Dear Mr xxx

 

SECTION 78 Of the Credit Consumer Act 1974

 

Barclaycard Visa Card Account Number xxxxxxxxxxx

 

I write with reference to your letter dated 30th October 2006 requesting information under the above subject.

 

Please find following information as follows:

 

a) A signed copy of your Opening Application form

b) A copy of your original Barclaycard Terms and Conditions.

c) The current balance standing to your account is £xxxxx.xx

d) A copy of the Default Notice dated xx month 2006.

 

I understand that your Barclaycard debt has not been sold.

 

Please accept my apology for not getting back to you sooner. However, I trust that the information enclosed is sufficient for your purpose. Please do not hesitate to contact me should you require any further assistance in this matter.

 

Yours sincerely

 

 

The letter on the 30th October was the second letter I sent to them the 1st having been sent on 2nd October 2006.

 

Anybody any comments on this letter.

 

Have already rung Trading Standards and reported them.

 

What now?

 

JULI99

[noomill060]

As far as i am aware, this info should have been given to you with 12 working days, otherwise the debt would become unenforceable. Which it did. 30 days later Barclaycard were in criminal breach by not producing it.

 

The fact they have now produced this info doesnt automativcally get them off the hook.

 

They now have to go to court with a damn good explaination and apology to teh judge and grovel for permission to attemtp to collect any debt which may or may not exist. At the moment this is unenforcable.

 

I would ignore any letters from them (read them of course) but without further permission from a court to continue, they are, as they say, stuffed.

[Number6]

JULI99... have they sent you a copy of an agreement that complies in all respects with Section 61 of the Consumer Credit Act? Is it signed by you AND them for example? Does the signed agreement contain ALL the terms and conditions? Is it headed "Agreement Regulated by the Consumer Credit Act 1974"?, etc.

 

Pete

[JULI99]

No just an application form.

 

Second time I 've recieved this unreadable application form. The dca, Credit Solutions, called it a credit agreement.

 

I am right in thinking they still have not complied with the CCA.?

 

juli99

[Number6]

No just an application form.

 

Second time I 've recieved this unreadable application form. The dca, Credit Solutions, called it a credit agreement.

 

I am right in thinking they still have not complied with the CCA.?

 

juli99

 

There are two things to bear in mind here, sorry in advance for the lengthy reply.

 

By sending you a copy of your application form they have [probably] complied, or could argue that they have complied with your Section 78 request. Whilst the CCA 1974 S78 states that they must supply a copy of the executed agreement the 1983 Consumer Credit (Cancellation Notices and Copies of Ducuments) Regulations [The CCNCD Regs] provides for a copy of any document issued under any section of the CCA to exclude such things as signatures and signature boxes. So technically they could merely supply a copy of the terms and conditions and argue that they have met your section 78 request.

 

BUT

 

They cannot enforce any "debt" if the agreement does not comply with Section 61 of the CCA 1974. S61 sets out what MUST be present on an agreement for it to be "properly executed" and therefore enforceable. Amongst those conditions are that the agreement must be signed, in the proper manner, by both the debtor and the lender and it must contain all of the terms and conditions of the agreement (other than implied terms). In order for them to get a judge to enforce the agreement they would have to produce a full signed copy for the judge to see. If they can't produce it the the Judge cannot enforce it but equally if they do produce it to the judge but they have previously not produced it to you then the judge would not take kindly to that at all, it would be a waste of court time.

 

If what they've produced so far is only a copy of your application form and they haven't signed it then they can't enforce anything.

 

So I would write back and say, sorry but the document you have sent me does not comply with S61 of the CCA 1974 and so you do not acknowledge any agreement with them. Then sit back and see what they do next, if anything.

 

Pete

[JULI99]

Well CSL have written asking for the full money. As they haranged my other half on the phone and there was threat of police action they cannot call me as they have had to remove the telephone number from their files.

 

Trying to catch up with everything as for some unbeknown reason got cut off from the internet before christmas and have only just managed to get myself back online.

 

 

juli99

[ncf355]

Well CSL have written asking for the full money.

 

juli99

 

Hi Juli,

 

in my experience CSL are total lightweights, they started off giving me all the threats but I just didnt back down and got all comms in writing.

 

Then asked for the original agreement and they have been silent ever since (even refunded one of the payments I made!)

 

[JULI99]

I have always found that CSL really do not have a clue.

 

All I ever wanted from Barclaycard was my back statements and failing that the date when I actually first took out the card. Neither seems forthcoming. Even the application form which had the date on was unreadable.

 

JULI99

[JULI99]

Could those that are a bit more legally minded than me give their thoughts on this course of action.

 

I sent off my cca request back in early September 06. I heard nothing from either CSL or Barclaycard within the 12 working days, and nothing from them within the following 30 days. I then received from both CSL and Barclaycard an unreadable copy of my application form which they stated was my credit agreement.

As they have "committed a criminal act" because they did not send me the documentation within the required time frame and because as a criminal they are not allowed to profit from me, and so are unable to charge interest, can I make an offer to pay the balance outstanding less any interest they have charged in the past.

 

Would they be forced to settle for this and if so which laws/acts would I quote? Otherwise any suggestions would be gratefully recieved.

 

Bare in mind I asked for my statements. Like everyone else I only recieved some of them.

 

I asked for my Credit Agreement and the date I opened the Account. I recieved an unreadable application form.

 

I do feel with Barclaycard I am beating my head against a brick wall.

 

Many thanks

 

juli99

[JULI99]

Before I commit to anything further, has anyone had a copy of their fully signed dated etc credit agreement.

 

I am in a quandry as to whether I should take the bull by the horns and ask for the debt to be written off/make a small offer to bring it all to a close. (Given the fact that if you take off the interest and charges it would bring the amount down by about 80%).

 

Or

 

Keep my head down and hope it all goes away.

 

Personally I am in favour of the first option but I do not want them to produce the credit agreement at the last minute and go after me for the complete amount.

 

Has anyone who has done a cca to Barclaycard had the application form then at a later date recieved the copy of the signed and dated credit agreement.

 

JULI99

[tamadus]

Before I commit to anything further, has anyone had a copy of their fully signed dated etc credit agreement.

 

I am in a quandry as to whether I should take the bull by the horns and ask for the debt to be written off/make a small offer to bring it all to a close. (Given the fact that if you take off the interest and charges it would bring the amount down by about 80%).

 

Or

 

Keep my head down and hope it all goes away.

 

Personally I am in favour of the first option but I do not want them to produce the credit agreement at the last minute and go after me for the complete amount.

 

Has anyone who has done a cca to Barclaycard had the application form then at a later date recieved the copy of the signed and dated credit agreement.

 

JULI99

 

Juli,

 

I have written to them this week saying its now obvious they dont have a properly executed credit agreement etc etc.

 

For some reason known only to themselves I received another 2 copies of the same application form this week. Both in the same envelope, no terms and conditions, and it still isnt a properly executed credit agreement. Not even a proper covering letter explaining why lmao

 

Let you know as soon as I hear something back. Once they admit it then I go after them for charges and interest paid

 

They shouldnt have tried to avoid a charges claim by witholding my SAR lmao