Minnimes -v Barclaycard

[slick132]

Hi Minnimes,

 

Microfiche is where data was "photographed" and stored in teeny tiny format like photos but with many pages on one slide. They still use them to access old archive stuff like newspapers, Registry Office entries, etc.

 

BC are still way off producing an enforceable credit agreement.

[minnimes]

oh ok, so what now? the fos are done, they say its a valid agreement and wont/cant comment on enforceability, do i send them the letter you did for me that i sent for the other account? thank you and have a good christmas,

[the_shadow]

oh ok, so what now? the fos are done, they say its a valid agreement and wont/cant comment on enforceability, do i send them the letter you did for me that i sent for the other account? thank you and have a good christmas,

 

The FOS are an industry funded body and hence wont dare give an opinion on enforceability and by rights they shouldnt.. only a court can rule on it.

 

You now have a copy of the agreement and can see its unenforceable, its up to you how you want to play the next move? low f&f offer, no further payments etc etc. Barclays like other banks will never agree with you no matter what you send them.

 

S.

[minnimes]

ive not been paying them anyway, not since it became in dispute. i dont have the means to do a f&f offer at the mo, so i guess my only option is to wait it out and see if they take me to court. i think i should send the letter slick did on my other thread ? strange though how ive been asking for an agreement for about 12 mnths, fos write to them once and get it.

[slick132]

Hi Minnimes,

 

This is why we've been telling CAGgers to try the FOS if they want to see the actual credit agreement - because it seems that the FOS ARE telling the banks to produce whatever documents they have.

 

But you must understand, the FOS are NOT saying the agreement is enforceable or not. They are simply saying the bank has fulfilled its' obligations set out in CCA1974.

 

As the Shadow says, it's only a court that can decide if an agreement is enforceable, although we can see that the document fails to meet the requirements.

 

You can send the letter I posted on your Solution Finance thread if you want. Or you can ignore them and see what happens.

[minnimes]

oh forgot to say, im ignoring, see what they come back with :S

[minnimes]

Its been a while, need some advice, ive heard nothing from this account until 2 weeks ago, i got a letter from barclays saying the account is being passed on, then letters from lowell, the account as far as im concerned is still in dispute. they have never sent me the credit agreement i requested. ive not responded to any letters yet. i have delt with lowell in the past re this account and stated it is in dispute, do i carry on ignoring or do i respnd and remind them its in dispute? thanks in advance x

[slick132]

Hi Minnimes,

 

To save me going back through the thread, can you please remind me, did you get anything back in response to your CCA request, like their T&C's.

 

I'm sure you're aware about changes in the last couple of years which mean they don't have to send the actual signed credit agreement but they can pursue the debt if they've sent you T&C's.

 

However, to take effective court action to recover any alleged debt, they should require the signed credit agreement.

 

[minnimes]

yes they did me a set of t&C, i dont even think i still have it, so even though i contacted them before the law changed they can still chase me under the new law? i wasnt aware it had changed, the paper work they sent me when i asked for my agreement are on this page, where do i go from here? i dont know where i stand now if the law has change, ty

[slick132]

The law hasn't exactly changed - more like cases have been decided that have set precedents about how similar cases should be treated.

 

I would continue to maintain that your a/c is in dispute as they've failed to send you proof of the credit agreement.

 

Then you'll see if they are prepared to take the case further without proof of the debt.

 

[minnimes]

so i should write to them? do i write to barclays or the dca or both? thought they'd been to quiet, its been 7 mnths since they last wrote to me. x

[iaintw]

just raise it again with them or send them a official complaint letter again to their headquaters. I think their are bit slow responding your letter. But all after u do is do it again and again raise the matter with them. At this moment i also have problems with bc. but i have a solicitor ringing me up on tuesday about them for discrimation (disable act)

[slick132]

I'd write just to the DCA as that will take more time for them to get back to you.

 

See how they respond.

 

[minnimes]

ok, will do thanks x

[minnimes]

barclays have sold the account to a dc and theyve sent me this claiming it to be a valid agreement, it has my signature on it but the agreement doesnt look right,could someone look at it and tell me where i go from here? i thought id heard the last of them as its been over a year.

[minnimes]

btw its just the same as the one they sent me further up.

[minnimes]

anybody?

[slick132]

Hi Minnimes - long time , no see!

 

What DCA has the a/c now.

 

The document is too small to see, so if you want us to see it properly, follow this guide - http://www.consumeractiongroup.co.uk/forum/showthread.php?214191-HSBC-solicitors-northampton-claim-help-pls&p=3808613&viewfull=1#post3808613

 

This is clearly an application form and is not likely to qualify as a properly executed credit agreement.

 

If someone thought they had enough evidence to take court action successfully, I suspect they'd have done it by now. Waiting over a year to pursue has not helped their case at all.

 

[minnimes]

hi slick, been ages but fortunatly ive had no need to come here, its Lowell. the document is also on post #123, i read my thred and saw id already been sent it once. do i just tell them the account is still indispute and ask them to send me a propper agreement? thanks for the reply

[slick132]

I'd drop Lowells a brief letter saying this is the same card application that you've been sent before. It wasn't a properly executed credit agreement then, and it still is not one now.

 

Accordingly, the a/c should not have been sold to Lowells, it remains in clear dispute and any demands for payment will be the subject of a formal complaint to the FOS.

 

[minnimes]

so ive had a reply. they maintain that it is an agreement, what do i do now?

 

this is what the email says.

 

Thank you for your recent correspondence.

 

 

 

Your comments have been noted and we can confirm that the documentation we have previously sent to you is sufficient.

 

 

 

This matter has previously been investigated and you have been informed of the response. We can no longer freeze your account and intend to pursue the balance with immediate effect. As such we cannot hold any phone calls or letters with regard to this account and ultimately this account could be passed to our litigation team who could consider appropriate legal action.

 

You are required to contact our company immediately to arrange repayment. We have a number of repayment options available and would be happy to tailor a repayment plan to your current financial circumstances.

 

We thank you for your time and understanding with regard to this matter and we look forward to hearing from you at the nearest opportunity.

 

 

 

Yours sincerely

 

 

 

 

 

Samantha Barnard

 

Customer Services

[slick132]

Dear sir or madam,

 

I refer to your letter of xxdate and, despite your assertions, the document supplied is merely an application form.

 

It does not constitute an enforceable credit agreement for many reasons and, because of this, the a/c should not have been sold to you as it was, and remains, in dispute.

 

If you make any demands in respect of this matter, a formal complaint will be made to the FOS without further warning.

 

Any court action which you may take will be vigorously defended using the relevant legislation set out in the Consumer Credit Act 1974.

 

Yours faithfully,