Barclaycard - Their response to my CCA request - Please Help

[cosalt]

Ok, yes I have sent them the account in dispute letter, shortly after they defaulted on the 12 + 2 period. Should I send them another dispute letter in response to this or will that suffice ?

[cosalt]

How about this then ? There is no need to send any money presumably?

 

 

Dear Sirs

 

Account number

 

I write with regards to the above account with your organisation.

 

I respectfully request that you provide 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.

 

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

 

I look forward to your reply and wouyld ask for a response by 4pm on XXXX Date

 

Regards

[beachcomber60]

Sounds Good

[cosalt]

Hi, just to confirm I am going to send them the letter as kindly provided by slick and as per post 27. I am giving them 21 days to respond.

 

Could some one just confirm that I dont need to send any fee ? Also is it ok not to sign it

 

Thanks

[beachcomber60]

Mornin'

 

I would not send any fee as you are not making the request as per cca route.

 

More importantly DO NOT put your signature on the letter.

 

Beachy

[cosalt]

Hi Beachy, thanks for that, its in the envelope !

[fergal71]

hi everyone, what happens next.... once companies have sent the agreement and we think it is unenforceable ie no prescribed terms what then is there a letter to send or do we just wait...

 

if we wait they will chase for payment and register adverse information on credit file.... so if they have fulfilled cca request with what they have what do we do now????????????????

 

I think this is the most important part for people as I am sure many of the agreements are unenforceable but what can we do to prevent the adverse info and persistant chasing if they send agreement even if it is unenforceable????

 

???????? no agreement at all is great but if they send applications and poor cca's what next??????????

[angel_1]

hiya cosalt

 

have you still not had any reply to your letter sent in post 27??

 

have a fun day

 

laters angel x

[cosalt]

Hi angel,

 

no I have heard nothing at all, still getting stupid letters and texts from mercers though !

 

Cosalt

[bazaar]

Have you sent the harrassment letter to mercers/ b'card?

Log all the texts, get em loaded to your comp if poss

[cosalt]

I have still heard nothing in response to my CPR request.......

[bazaar]

When was their time up on the CPR?

also, did you send off harrassment letter to the jerk offs at mercers?

[jaystar2020]

Hi All,

 

Same response from B'card here, T's and C's, old and new, and an account summary, but no actual agreement. 'True copy' is not 'copy of actual'...

 

As Slick, and others, have pointed out, CPR 31.16 seems a more useful device. 'you should write to them setting out that you need the agreement to assess if it was properly executed'.

 

But is there any specified time limit on the reply?

Or any Legislation pertaining to the honouring of the request?

 

It seems only the threat of Court Enforced disclosure acts as the leverage here, which may be of use...

 

J

[bazaar]

Personally , I wouldnt give them any inkling why youre requesting under CPR. They may well guess, but better to hold your cards until you need them.

Just request sight of the agreement or admission that they dont have it.

Then you can plan further attacks

[jaystar2020]

Thanks Bazaar...

 

So CCA reply is legit, Agreement stands...

 

But the CPR 31.16 request for actual CCA copy may take some time - so repayments to continue while this process unfolds?

How can they actually be held in 'default' of this request? Only through their admission?

 

I have read through the items at

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html,

it really is a request, not legally bound by a time frame. But may be enough leverage to get a definitive answer!

 

J

[angel_1]

hiya cosalt have you now done the second letter ref cpr? since surely 21 days have now passed?

 

laters angel x

[bazaar]

Hi Jaystar,

Yes they can send you a blank agreement and t&c's to satisfy the CCA ( In their own mind). You'll then be in deadlock until they take you to court etc.

Your CPR, although it is a request only, can then go on to be an order from court that they must disclose.

Its up to the individual really which way they want to go.

1. wait for them to take you, or

2. Go on the attack and get them to legally produce.

 

If they are prevaricating in such a way, then we can guess with a high degree of certainty that they havent got anything that would generally be enforceable. Obviously, we still have the Judge to contend with, but with all your little ducks in a row, with a step by step narrative, will make it much easier for a judge (No matter how old and doddery;))

[bazaar]

Jaystar, I must add this also, have you started your own thread?

Apologies to Cosalt.

[cosalt]

hiya cosalt have you now done the second letter ref cpr? since surely 21 days have now passed?

 

laters angel x

 

 

Hi angel,

 

no I haven't done the second letter, there have been so many other things going on I had forgotten they had not replied, what is the second letter ?

[slick132]

Hi JS,

 

As an example, if you were reclaiming credit card charges, you write a letter requesting a refund and set your own reasonable time frame for a response. There is no legal compulsion for them to reply.

 

If they fail to respond as you want, you take them to court to get your charges back.

 

And it's just the same with the CPR process - you give them the chance to be act reasonably, or you sue them.