Petalica V MS/Goldfish now Baclaycard

[petalica]

Hi all,

Sent off CCA requests to creditors and have recieved just one reply so far from Barclaycard. This used to be a Morgan Stanley card who went to Goldfish and now its Barclaycard. I have seen a couple of threads from people in the same boat but most just seem to end with no outcome although I have seen one that won. I would love to hear from any one who is further down the line with Morgan Stanley/Barclaycard.

 

I cant scan the letter unfortunatley just yet ( hubby away and I am useless with techy stuff ) But It says

 

Ref section 78 of the consumer Credit act 1974

 

I write further to your letter and enclosed £1 fee requesting a copy of your executed agreement for the above account.

The information we must provide to you under the terms of section 78 is prescribed by the consumer credit act 1974 and by the consumer credit ( cancellation notices and copies of documents ) regulations 1983.

Under section 78 we must supply you with a copy of your executed agreement and a statement of accoutn which is practicable to refer.

Below is a statement of the account

 

The credit card limit on your account *******

The balance on your account today *******

The next minimum payment of ***** is due on *****

 

Please note a copy of you current Barclaycard credit agreement will be sent under seperate cover.

You will be recieving your next statement shortly which wil provide you with full details of your account.

 

This completes our obligation to you under section 78 of the consumer credit act

 

And thats the letter I recieved! Shall I sent account in dispute letter or wait till i recieve the terms and conditions? Also we owe £5000 on this card which I know is a lot, I guess this will make Barclaycard more determined to fight us all the way?

 

This is a great site, I love reading the threads, you al cheer me up so much!

Thanks for any help, it will be greatly appreciated I promise

[cerberusalert]

This completes our obligation to you under section 78 of the consumer credit act

Not until you receive everything it doesn't. Obviously it's up to you but you are entitled to send the 'in dispute' letter because they have not fullfilled their obligations.

[petalica]

Thank you for your reply cerberusalert, but I am still rather confused where they have wrote about the cancellation notices and copies of documents regulations 1983.:-|

I have been trying to read some stuff on this but I am afraid it is going right over my head:)

 

This is the part that confuses me?

However, credit card companies usually send a copy of the application form (often without a signature) and a copy of current Terms and Conditions, which fully complies with the 1983 regulations.

 

Where it says FULLY COMPLIES

 

Does this mean they have done what is asked or am I barking up the wrong tree?

 

Sorry but with all this leagal jargon I am getting myself all confused.

Any help from anyone much appreciated.

[cerberusalert]

If you have asked for a copy of your credit agreement and they supply an application form without the prescribed terms within the four corners of the document they have not complied with CCA 1983 because they have not provided an enforceable agreement.