Barclaycard Visa CCA

[Zeitgeist]

Hi

I have 2 Barclaycards, a Visa and a Mastercard. I CCA's them on 2 December and have now received these documents:

http://i721.photobucket.com/albums/ww211/Zeilig/BarclayCardCCApage1.gif

http://i721.photobucket.com/albums/ww211/Zeilig/BarclayCardCCApage2.gif

http://i721.photobucket.com/albums/ww211/Zeilig/BarclayCardCCApage3.gif

http://i721.photobucket.com/albums/ww211/Zeilig/BarclayCardCCApage5.gif

 

The letter dated 17/01/2009 came in one envelope with the (almost) blank application whilst the letter dated 19/01/2009 came in a seperate envelope with the T&Cs which were double sided on a single page.

What does anyone think of this, and how should I respond? Is there a suitable 'Account in Dispute' letter?

Thanks for your help.

Edited January 29, 2009 by Zeitgeist
The Photoshop upload showed personal details which could identify me

[slick132]

Hi Zeitgeist,

 

You need a 2nd thread for the MCard a/c and leave this for the Visa a/c only. Otherwise they'll get confused. I've already changed the title of this thread for you and set up your new thread for the MCard a/c.

 

This is currently BC's standard response to our CCA request. They may, in fact, have fulfilled their obligations by responding in this way but they have not provided you with an enforceable credit agreement.

 

Have a read here - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

Are you looking to reclaim charges on the a/c and, if so, do you have the nec'y state's for the a/c.

 

[Zeitgeist]

Yup, I have all the statements going back to 1999.

[slick132]

Hi ZG,

 

Have you suffered penalty charges on this a/c. If you have, you can start on your Schedule of Charges (SOC) which will form the basis of a claim for repayment of the charges.

 

Read the Reclaiming Guide at Link No1 in my signature below.

[Zeitgeist]

Hi Slick

Thanks for that. I'll write asking for a signed copy of the Agreement under the disclosure rules and over the weekend I'll start on a spreadsheet listing all the charges.

 

The longest journey starts with a single step, but I feel that I'm in control and that I'm working at my own pace rather then having to react to events as they are forced on me. Great!

 

I'll post updates here as the story unfolds as I hope that my journey will help others.

 

Regards

Z

[angel_1]

hiya Zeitgeist

 

i would like to sub as ive now had the same like you but no copy of any application form only the terms and conditions and the normal letter in your post number 1

 

but your scan no 4 ie the letter giving info on your amounts etc, i would suggest you go in and amend the figures that are personal to you, they do come and have a nose around our forum, and those figures could identify you to them if you know what i mean:wink:

 

just for your protection im thinking

 

good luck and can only offer you supprt at this moment as all this is still newish to me

 

take care laters angel x

[Zeitgeist]

Hi Angel, thanks for the tip. I can imagine that every bank, cc company, DCA or anyone who is petrified of CAG have whole departments whose sole activity is to go througfh the posts here. Anyway, I've deleted the upload document and if anyone wants to see it they can post a request here or PM me and I'll upload an amended version. I really dislike Photobucket as its a real palaver to scan the stuff in and upload it. Isnt it possible to simply upload a PDF file as an attachment to the post? If so why dont caggers do it?

 

Following on from Slick's suggestion (post #2) I'm about to send them a disclosure prior to action letter. I'll try this other route and see what happens. At the very least this activity costs them money and energy and ties up their resources.

[angel_1]

hiya back

 

i think u might have to delete or edit your first post too, as ive gone back to link 4 in your first post and can still see your figures in the letter bcard sent you

 

go and delete it completly from post 1

 

yes well, its tiring for us but essential we do it and hope they fall down and dont do their bits right

 

laters angel x

[Zeitgeist]

Hi Angel, thanks zillions for that. Phew, anyway I edited & deleted it so it should be OK now.

 

8)

Edited January 29, 2009 by Zeitgeist
To make the sense clearer in reply to Angel's post.

[angel_1]

hey no problem, its easily done and i did worse, i left my full name and address on a cca so i was showing a lot more info,,,,so very thankful to chalkitup for letting me know by pm so promptly,

 

so i keep a special eye for that sort of thing now for others

 

so do i understand you correctly you are going to use the cpr route now and send them a request ?

 

i will definately keep in contact it maybe something i next need to do, im going to sar them tomorrow though, as ive written a dispute/complaint letter and they havent yet responded, and i had given them 14 days to respond.

 

good luck and take care

 

laters angel x

[Zeitgeist]

Hi Angel. Yup, I'm going to duff them up by making a request and following through to an application to the court! Puts me in the driving seat. I dont think that they have a leg to stand on and they know it. Once I've explored all avenues including the SAR route I'll start proceedings. I reckon that they will go as far as the door of the court and then cave in.

Interestingly they dont 'phone me anymore, they just send me texts asking for cash and that my credit rating may be affected.

Have a smashing weekend.

Z

[Zeitgeist]

Good afternoon everyone

Well, I toiok Slick's advice and went the disclosure before action route to get my CCA from B'card, and this is their reply:

http://i721.photobucket.com/albums/ww211/Zeilig/Barclaycard1-April2009.gif

http://i721.photobucket.com/albums/ww211/Zeilig/Barclaycard2-April2009.gif

http://i721.photobucket.com/albums/ww211/Zeilig/Barclaycard3-April2009.gif

 

What do other CAG-ers think of this reply? They havent sent me a CCA, just an application and a seperate set of T&Cs

[slick132]

Hi ZG,

 

This is a standard reply they are sending to many who have started the CPR approach.

 

You may want to see how this case goes before deciding how to proceed about the enforceability of the a/c - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/165349-smt37-morgan-stanley-goldfish.html

 

Have you added up any penalty charges made to the a/c to start reclaiming these.

[Zeitgeist]

Hi Slick, and thanks for the prompt response. As you suggest I'll keep a watching brief on the outcome of the current case. As far as charges are concerned, yes I have set up a spreadsheet for charges and another for calls (silent and live) plus texts. I've passed that onto my local Trading Standards office who sem to be on the consumer's side and have been really helpful.

I've also used the harrassment letter template but as yet they havent replied. More waiting, but I'll give them another 14 days and send them a chaser.

[angel_1]

hiya Zeitgeist

 

so you got some kind of reply,,, did it really take them about 2 months for that reply you got back??

 

im all for being reasonable!

 

anyway they have surpassed my very reasonable time limit - i am aware of this case going through so im sure others will wait too, but im thinking of not sending out the second letter but just a little concern no responce see if i get the same rubbish back

 

laters angel x

[Zeitgeist]

Hi Angel, well yes it did. But then they've been fighting a rearguard action on the plain vanilla banking front PLUS they know that they dont have a leg to stand on and that I and a shed load of other CAGers are coming after them. If you were in their position wouldnt you procrastinate and obfuscate?

[angel_1]

thanks for your reply, Zeitgeist

 

im thinking along the lines of the data as within my sars nothing of anything really sent to me with regard to my agreement,,so i think i might try that angle first, just to be a thorn in their side so to speak lol

 

anyways its good to talk.....

 

thanks and lets see what transpires at the end of the month on the court case on the link which ive subbed to already

 

have a fun eve laters angel x:cool:

[Zeitgeist]

Talking about thorns in sides straight after Easter I'm going for £5k damages from them for the incessant telephone calls & texts I'm getting from them. I actually have it down to a fine art. I refuse to give my date of birth, tell them to put it writing and hang up. Anyway, I also used the CAG standard harrassment letter and reported them to my local trading standards office who are very good.

I also belong to a minority ethnic group and am going up that path with the human rights and ethnic NGO as they 'phone me on my holy days, so they are infringing my human rights in being able to practice my religion freely and peacefully without let or hindrance. That should spoil their weekend!

Thankfully I'm not phased by these box tickers as I fought terrorists & insurgents for 11 years and someone in a northampton call centre is nothing compared to hereford! Do they know who they are dealing with?

[slick132]

HI ZG,

 

Playing Devil's Advocate here ............

 

Should you not request in writing that they don't contact you on certain days for religious reasons. If they continue to do so, you'd have a stronger case.

 

Is it not also you prerogative to NOT answer any phone calls on those days, if doing so interferes with your religious activities.

 

Interesting angle, though.

[Zeitgeist]

hi Slick

Thats not being Devil's Advocate, you're just dotting the 'is' and crossing the 'ts'! In any evnet I did give them a full list of dates in my complaint letter and I dont answer the phone on those days anyway, so I am already implementing the necessary action to trump them.

I've also been advised that irrespective of the exitence or absence of a CCA, valid or otherwise, a breach of HR legislation could mean that any alleged debt is wiped out, but the situation on late payment/default charges is less clear in that instance. So in effect I'm fighting on two fronts ~ the lack of a valid CCA and breach of my HR.

Of course I also get instant gratification since they are unable to contact me by telephone. Oh great joy!

[Zeitgeist]

I read a BBC news item that the County Courts are so clogged up with CCA cases that intend to have a couple of test cases on their enforceability. How will this affect those of us prepping up to go to court in the light of the recent smt37 vs Morgan Stanley/Goldfish/Barclaycard case? Indeed someone from CAG made a comment on these test cases. Where to now?

Check out:

http://news.bbc.co.uk/1/hi/business/8037983.stm

 

 

[slick132]

Hi ZG,

 

This is a recent event and we'll have to see how this affects cases which end up in court.

 

Referring to smt37's case, the issue is BC's refusal to produce a Credit Agreement and the court has ordered that it be produced.

 

The recent announcement relates to HOW courts decide on cases of credit agreement enforceability.

 

If cases are Stayed pending a ruling or Test Case, this will apply to cases where the bank takes debtors to court and where debtors take the ban to court.

 

If I come across any specific threads discussing the issue further, I'll link them here.