Jaxo_uk vs barclaycard ... is this CCA enforcable

[Jaxo_uk]

Following on from my previous post http://www.consumeractiongroup.co.uk/forum/barclaycard/177784-barclays-took-700-my.html.

 

I CCA`d barclaycard and received no reply,...well i received a phone call from a DCA, (strange that i hadn`t heard from them in 2 years) however I stated to the DCA that barclaycard was in default as I had CCA`d them and had no responce within the statutory time limit. They said that they would see what they could do and low and behold 2 days later this arrived with a demand for all the monies owed.

I`m just looking some advice as to wheter or not this is actually enforcable..

 

Thanks

 

P.s this isn`t my dodgy scanner from the 80`s,..Its what the agreement actually looks like.

Edited February 10, 2009 by Jaxo_uk

[Jaxo_uk]

bump

[Jaxo_uk]

bump

 

.......

[slick132]

Hi Jaxo,

 

No need to BUMP - there're less peeps around during the day and sometimes a reply will take a while.

 

If there are limited views with the above link, use Photobucket. It's mentioned here - http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

I'll ask for this to be checked over, but you may not get a reply until this evening.

[Josie8]

Following on from my previous post http://www.consumeractiongroup.co.uk/forum/barclaycard/177784-barclays-took-700-my.html.

 

I CCA`d barclaycard and received no reply,...well i received a phone call from a DCA, (strange that i hadn`t heard from them in 2 years) however I stated to the DCA that barclaycard was in default as I had CCA`d them and had no responce within the statutory time limit. They said that they would see what they could do and low and behold 2 days later this arrived with a demand for all the monies owed.

I`m just looking some advice as to wheter or not this is actually enforcable..

 

Thanks

 

P.s this isn`t my dodgy scanner from the 80`s,..Its what the agreement actually looks like.

 

PPs could somebody be so kind and let me know how i post an image in my post. Its asking me for a web address where the image is located. Here`s a temp link to it anyway. RapidShare: Easy Filehosting It can only be viewed 10 times. Thanks

 

can't see any agreement...................

[Jaxo_uk]

Hi Jaxo,

 

No need to BUMP - there're less peeps around during the day and sometimes a reply will take a while.

 

If there are limited views with the above link, use Photobucket. It's mentioned here - http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

I'll ask for this to be checked over, but you may not get a reply until this evening.

 

 

Sorry for the late reply, I have been working all weekend and haven`t had the chance to use the computer.

 

here`s the photobucket picture

 

[the_shadow]

Thats a nice "APPLICATION FORM" they've sent you there Jaxo...

 

It doesnt contain any of the prescribed terms.. i.e. repayment details or credit limit and it doesnt contain a signature from the company either as far as I can make out.

 

unenforceable I reckon

[Jaxo_uk]

Thats a nice "APPLICATION FORM" they've sent you there Jaxo...

 

It doesnt contain any of the prescribed terms.. i.e. repayment details or credit limit and it doesnt contain a signature from the company either as far as I can make out.

 

unenforceable I reckon

 

Hi pmw1971, I was thinking unenforcable myself. Don`t really know tbh. But it seems more loike an applicartion form to me. However there is terms and conditions at the bottom left. I cant make them out but if they got a better photocopy would it then become enforcable??

 

What is the next course of action I should take? Is there any templates of what to send them next?

 

thanks

[the_shadow]

Hi pmw1971, I was thinking unenforcable myself. Don`t really know tbh. But it seems more loike an applicartion form to me. However there is terms and conditions at the bottom left. I cant make them out but if they got a better photocopy would it then become enforcable??

 

What is the next course of action I should take? Is there any templates of what to send them next?

 

thanks

 

Could ask for a copy that you can actually read the Terms&conditions you mention on it... its your right to have a document thats legible.

 

I notice it looks like a photocopy of a fax so its going to be a bad copy, they may have asked it for speediness and now have the actual document in front of them in which case you should get a better copy next time.

[slick132]

Hi Jax,

 

I'll flag this up and see if it can be checked for you.

 

[steven4064]

Josie and pmw have already answered the question- this isn't an agreement at all, let alone an enforceable one. It doesn't have any of the prescribed terms AFAICS

[Jaxo_uk]

Hi Jax,

 

I'll flag this up and see if it can be checked for you.

 

 

 

Thanks. What is my next cource of action? Is there any letter templates I could send them to try and get them to remove the default?

[steven4064]

There is no template AFAIK - just write to them in plain English and tell them that they haven't sent an enforceable agreement (and why) and therefore they have no right to be communicating personal data about you to third parties, namely CRAs. Tell them that you want them to get the adverse credit markers removed ro you will commence proceedings under s14 of the Data Protection Act 1998

[Jaxo_uk]

Just an update:......

 

I lodged a complaint with equifax about unsubstaned data on my credit files that had no credit agreement to back it up. Two weeks have passed and today i got an email saying, Please log into equifax as 3rd party has responded to complaint.

 

This is what i wrote to them (Equifax) : The company in question has registered data against me on this credit file & with experian that is incorrect. I want the data removed from both CRA`s as unsubstanciated as barclaycard cannot provide me with an original signed credit agreement as required by the consumer credit act 1974. I have now requested this document from them (along with the £1 statutory fee)& given them the required time limit to respond on 2 seperate occasions and have not had a single reply. If they are able to produce above mentioned document I want to see physical proof and not an email from yourselfs saying you`s have seen it etc."

 

This is the reply from barclaycard:

 

"We will delete the entry on line"

 

Thats it, A one liner. Hopefully they will remove the data from experian to as this complaint was only with equifax. Experian don`t have the same online dispute features as equifax. This reply was received today a 3pm, however the data still remains on both credit files, However I pulled both files this morning and cannot pull new ones until tomorrow so fingers crossed.

 

Whats the odds they`ll be gone tomorrow?

Edited February 16, 2009 by Jaxo_uk

[slick132]

Don't bet your breakfast on it !!

 

[Desperate Daniella]

Hi Jaxo,

 

And congratulations! They backed down incredibly quickly. Sorry to ask, but was the balance enormous? I haven't been provided with a copy of my credit agreement, which would be over 20 years old, and they have ignored my letters and now put DCAs on it.

 

DD

[Jaxo_uk]

Hi slick and daniella, Sorry for taking so long getting back to you but it has only been today that this has come of my credit file. So it took a while but I got a result in the end,...Well I sort of got a result (it came off my equifax file but not my experian) The dispute was lodged with equifax but afaik experian don`t have this facility (If they do a link could somebody post a link). So what can I do next to get it of my experian file as they don`t have this option. ? If I wrote to experian explaining the situation to them showing them documents and proof do you think they`d remove it?...(me neither)....so what options do I have? or should I just be happy its removed from equifax?

 

Daniella it was £2800.

[slick132]

I'd write to Experian now and demand they remove any entry for this a/c or you'll take further action against the. Tell them Equifax have already complied.

[Jaxo_uk]

Thats the problem, tbh I can`t see them saying ok without barclaycard themselves saying to remove it

[slick132]

Have you posted seeking help in the Default and DP Issues forum.

[Jaxo_uk]

Hi all, this is my old thread b ut I need to revive it as im as a standstill with barclays. The original default was removed by barclays on equifax only. A few months later it reappeared under the name of aktiv capital. I have send countless letters to them explaining that no credit agreement exists and the debt is unenforcable (they have also admitted this on the phone) but they wont remove the default from my credit files. I have also wrote tho the information comissioner and they have said that there is nothing they can do. Can I get this removed in court if they have no credit agreement? and if so how do I go about it?

[Jaxo_uk]

bump

[dx100uk]

Hi all, this is my old thread b ut I need to revive it as im as a standstill with barclays. The original default was removed by barclays on equifax only. A few months later it reappeared under the name of aktiv capital. I have send countless letters to them explaining that no credit agreement exists and the debt is unenforcable (they have also admitted this on the phone) but they wont remove the default from my credit files. I have also wrote tho the information comissioner and they have said that there is nothing they can do. Can I get this removed in court if they have no credit agreement? and if so how do I go about it?

 

was it your debt?

 

dx

[Jaxo_uk]

Yes it is my debt & I started the thread also

[dx100uk]

i've not seen anyone in the last years or so getting any joy on default removals just because the CCA is un-en when the debt is actually theirs.

both the OFT & the FOS take the view that co's can continue to inform cra's even if the cca is un-en.

i also suapect BC has one too

what you have is the typical response from BC...their own garbage!

 

dx