Esile Vs Barclaycard (3**6)

[cupcake68]

Hi this is my second thread of the day!

 

I am new to all this and have received my first 2 CCA replies back today. I think I am supposed to start a new thread for each one (I hope so!). So here is my next....

 

From what (I think) I have learnt from this wonderful site they have just sent me a copy of their t & C's from 1997. There were no details I needed to delete!!! Except in the covering letter.

 

So I'm pretty sure what they have sent me is no good but what do they mean in the covering letter that they will be sending a copy of my current agreement seperately?

 

Barc 3 6 pictures by cupcake62 - Photobucket

 

Thank you x

[supasnooper]

Looking at these, Barclaycard have complied with s78 of the Consumer Credit Act 1974.

 

However, these documents couldn't be enforced by the courts as I don't see where your signature could possibly be.

 

Please be mindful though that they may have the original copy of the agreement tucked away somewhere.

 

It would be advisable for you to read the threads that I posted in your first thread about the enforcibilty of CCA's.

 

Was this account applied for online or by completing an application form ?

[cupcake68]

Thanks for the advice?

 

I will keep reading the threads! What would you advise next? Being that there are no personal details is this not just a file copy of their terms from 1997 when the card was taken out?

 

Should I write back asking them to supply me with a true copy with my agreed terms?

 

What about the fact that there is no links to the pages? and half of page 3 is upside down? Does that lead us to believe it is a cut and paste?

 

Sorry to seem dumb but I have picked up so many little bits of information on here I am finding it hard to be sure!

 

This was an application made via a postal form not online.

[supasnooper]

If it was a postal application you would have needed to sign a form of some description. If it was an online application, the a tick in a box will suffice as a "signature"

 

As they have not sent a signed document, the odds sway towards them not having the original document.

[cupcake68]

I am sure it was a postal application. I didn't even have internet in 1997 (I'm not sure but guessing that was when I took it out as that is the date of the t & c's they sent today).

 

So do I write to ask them to supply a signed agreement? Or do I just tell them when they chase I believe the agreement is not enforceable?

[cupcake68]

Can someone please advise me on this thread?

 

I do not know if I should be writing back to them or just waiting until the 12+2 days is up then writing to say it's not enforceable.

 

Thanks

[42man]

The Consumer Forums - Debt collectors - Letter number 7 (recorded)

[cupcake68]

Thanks 42man

 

Should I send this letter now? Their covering letter said I would be receiving my current agreement by seperate cover. Should I wait to see what they send?

 

Thanks again!

[cupcake68]

Just an update!

 

I sent the letter suggested by 42man along with a telephone harrassment letter by recorded delivery yesterday.

 

Today I received the 2nd part of their terms and conditions as their first letter suggested.

 

They look to me like a current set of T and C's.

 

I am posting them just in case. Barc 3 6 pictures by cupcake62 - Photobucket

 

I will wait to hear from them re yesterdays letter unless anyone thinks I should do anything else?!

[cupcake68]

Hi guys!

 

Here is the DN received from Mercers on behalf of barclays YOU BARC 65 DN rec 020609 pictures by cupcake62 - Photobucket

 

I believe this is defective because it is from Mercers and not Barclays so I am just waiting for them to terminate.

 

Unless someone has another opinion?

 

Many thanks

 

CC68

[the_shadow]

Hi guys!

 

Here is the DN received from Mercers on behalf of barclays YOU BARC 65 DN rec 020609 pictures by cupcake62 - Photobucket

 

I believe this is defective because it is from Mercers and not Barclays so I am just waiting for them to terminate.

 

Unless someone has another opinion?

 

Many thanks

 

CC68

 

Not only is the original creditors address missing from this letter but also they've shortchanged you on the number of days to rectify.

 

Sent Friday the 29th, service isnt deemed by 1st class post until 2nd working day after which is Tuesday 2nd June so 14 days starts from the day after this according to regs, takes you up to 17th June for rectify date.

 

S.

[havinastella]

And its not worded correctly!

 

PT will explain this

 

Jogs

[supasnooper]

Hi CC,

 

As The shadow and Havinastella has pointed out, the Default Notice is not written in the correct formatting. I'm sure you will probably have read a Banker_Rhymes_With post on this.

 

Keep going and good luck.

[cupcake68]

Thanks you guys!

[cupcake68]

Hi

 

I have had a letter from Scotcall today.

 

The account number they quote is not the same as my acc number but very similar. They seem to have lost the last couple of digits and added a couple more in the middle!!

 

Do I need to reply to them?

 

Thanks

 

CC68

[supasnooper]

You could send them a letter stating that you do not recognise the account, any further action will be deemed as harrassment etc.......

[cupcake68]

Thanks SS

 

Your help is always appreciated.

 

I'm struggling a bit at the moment - I need all the help I can get!

 

Cupcake

[cupcake68]

It's taken this long for them to ............................... SEND EXACTLY THE SAME TERMS AND CONDITIONS AS THEY SENT IN MARCH!!!!!!!!!!!!!!!!!!!!!!

 

What are these people on?

 

Should I reply or ignore?

 

Thanks

 

CC68

[supasnooper]

You could reply putting the account into dispute.

 

I suspect you really wish to see if they do hold an enforceable agreement.

 

Have you considered the CPR 31.16 approach ?

 

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

[cupcake68]

Hi SS

 

I am satisfied at the moment to be just keeping them at bay but yes I would like to think that we might get to the end of it someday.

 

I have considered CPR 31.16 but haven't done anything abut it yet.

 

I just keep thanking my lucky stars that we have survived this long, before I found this site I assumed we would be in a cardboard box by July!!

 

CC68

[cupcake68]

I have today received a letter from Power to contact

 

I have 2 barclaycard accounts and I'm not sure which one they are meaning as they have not put my card number on their letter.

 

Should I send them the bemused style letter along with the no home visits letter (as that is what they are threatening!)

 

Do I just put their ref on the letter or should I be awkward and say I do not recognise this account number?

 

Thanks

 

Cupcake

[the_shadow]

I have today received a letter from Power to contact

 

I have 2 barclaycard accounts and I'm not sure which one they are meaning as they have not put my card number on their letter.

 

Should I send them the bemused style letter along with the no home visits letter (as that is what they are threatening!)

 

Do I just put their ref on the letter or should I be awkward and say I do not recognise this account number?

 

Thanks

 

Cupcake

 

Well you could clearly send them a letter with all three but that would confuse them

 

I personally would send the bemused letter with the bits about no home visits included. Reading the threads it seems to be pot luck whether they will actually send someone round, probably 1 in 10 get someone come when threatened.

 

S.