CCA request ignored by barclaycard

[pablito420]

Hi all

 

this is my first post so bear with me if i commit any kind of faux pas. in december last year i wrote to all my credit card companies requesting a copy of my CCA. all the companies received their letters by the 19th December. 4 out of the 5 responded within the statutory time limit allowed.

 

I have received nothing from barclaycard. once the time limit expired on the first letter i sent a second reminder. both letters were closely based on the templates provided elsewhere on this site.

 

the 30 day period for the second letter has just expired. they have been calling non stop several times a day but have not responded in writing as requested to either of my requests. I have spoken to them 2 or 3 times but only to explain that my account is in dispute and that i am awaiting a reply to letters sent.

 

now that they have missed the deadlines laid out in the consumer credit act what is the next step in the process? is there a further or final letter? or do i just ignore them? can they still take me to court even if they havent provided the documents requested?

 

any help gratefully received.

 

cheers

[Loser4u]

Did you send the requests by recorded delivery ?

If so you need to send them Account in Dispute letter again be recorded delivery. See the link below for this

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/168619-barclaycard-cca-response.html?highlight=CCA+default

 

They only sent me mine after SAR request and a threat to report them for failing to comply with the money laundering rules. As soon as I got it I knew why they didn't want to send it as no prescribed terms and completely unenforceable

[pablito420]

the initial request was recorded thats how i know it was received on the 19/12/08. the reminder wasnt recorded. i kept missing the post office and figured that if regular mail was sufficient for them to issue important documents it would suffice in this instance.

 

i do have a copy of the letter [dated].

 

i will send the letter you recommend and see what happens. i figured it would be something like unenforceable or even that there wasnt a cca existing as it is an account from 2004.

 

where can i get a list of the things to look for in cca's to see if they comply as i have 4 here but no way of telling if they are enforceable.

 

also, if it turns out they have an agreement that is unenforceable what do i do then?

 

cheers

[Loser4u]

the initial request was recorded thats how i know it was received on the 19/12/08. the reminder wasnt recorded. i kept missing the post office and figured that if regular mail was sufficient for them to issue important documents it would suffice in this instance.

 

i do have a copy of the letter [dated].

 

i will send the letter you recommend and see what happens. i figured it would be something like unenforceable or even that there wasnt a cca existing as it is an account from 2004.

 

where can i get a list of the things to look for in cca's to see if they comply as i have 4 here but no way of telling if they are enforceable.

 

also, if it turns out they have an agreement that is unenforceable what do i do then?

 

cheers

 

I would try and send everything by recorded delivery as they will deny receiving it and you may need the proof at a later stage

 

If you look in the stickys at the top of the General Debt Issues pages there is a one called is my agreement enforcable. This will give you a guide but for the best advice I would recomend you scan it in minus all personnel info and ask for it to be checked.

 

I started by sending out the Account in Dispute letter, stopped making payments and then sat back and waited. Once the account was passed onto another DCA I made a formal complaint to both.

[Loser4u]

You may get more responses to this if you ask a mod to move this to the General Debt Issues section

[Desperate Daniella]

Hi Pablito,

 

As well as the General Debt forum,there is also a Barclaycard forum, where loads of us aren't getting our CCAs, and you can see how we are doing.

 

Loser4u, how on earth did you get them to send you the agreement? They are flatly refusing to send them out even under CRP 31.16. That is brilliant. I will go on your thread immediately.

 

DD

[Loser4u]

I raised a formal complaint and then kept complaining that they weren't supplying all the data requested under a SAR.

I quoted the money laundering legislation to them that and threatened to report them to the appropriate authorities if they still failed to send my agreement. I got a reply within a week to say the information was being processed and would be with me within the next 14 days.

One big package arrived 10 days later that I had to sign for.

Not only did it have my agreement but also a complete log of all correspondance from both them and me. Including all my letters that Mercers never received. All the phone calls they had made even though I told them written communication only and sent them the telephone harrasament letter.

They had already sold the debt on at this stage and 1st credit Stat demand had been dismissed

[Goldlady]

What are ‘prescribed terms’?

 

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

 

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

[Desperate Daniella]

Hi Loser4u,

 

Well obviously I must look at the money laundering regs! Is your letter on your thread? I'll look again later.

 

So because they had already sold it on to 1st Credit who obviously didn't have an enforceable agreement, bcard were shot of it, 1st C had bought something they couldn't enforce, and you were out of it. That is brilliant. What a result.

 

DD