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Barclaycard CCA requested - terms & conditions received


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Hi. Barclaycard have sent both a copy of their terms and conditions for 1996 and their current ones in response to my CCA request. Although it has all the prescribed conditions on it (credit limit, repayments etc.) there is nothing that links it specifically to me. Am I supposed to receive documentation that is specific to me? I'm not trying to get out of paying them but just trying to buy myself some time (and make them wait for their money as they have been TRULY awful to me - 6 phone calls a day, sometimes 2 in the space of 3 minutes :mad:)

I'm doing a self-managed DMP and although B'Card are owed the least they are being the most awkward and aggressive. (Also having problems with Egg but will post separately about that - please look out for it if you might be able to help 8))

Anyway, any help gratefully received,

CM.

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I'm sorry - I'm being incredibly thick here but even after trawling through this site for days I'm still not sure what I should receive :confused:

 

Does the agreement have to contain a signature/address etc? Do they have to send me an exact copy of what I signed?

 

I have read the legalese which defines what I should receive but it's all a bit wordy and I can't seem to make head nor tail of it :(

 

Sorry if I'm being dim.

 

CM.

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Sounds like you are in the same position as me, card taken out in 2000, cca was just historic t+c's, current t+c's + statement of account. Sent off account in dispute letter, had the usual "we have supplied what is required under ...blah blah blah". Sent off another letter over two months ago and my complaint is still being looked at. Meanwhile Mercers and Power2contact warned off. Even the photocopy of the old t+c's were almost illegible.

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SNAP..same as me t+c's from available cards of the time and when I complained they sent some more.

The Grand essentials of happiness are: something to do, something to love, and something to hope for.

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Stroke a badger - you have the best name!! :)

 

I still have no idea what I should receive in response to my CCA request - the T & Cs I've received contain all the stuff about credit limit, repayments, interest etc. but its just a generic document - should I receive a copy of the ACTUAL document that I signed??

 

CM.

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I was going to use growling at the badger, but thats a different story....

 

It's all well and good Barclays providing a copy of their most recent T&C's but with out your personal details, signature or mark made by you (in the case of an application made online a tick in a box) it means nothing.

 

I think the only way forward is to consider using the below, that is of course if you have not already.

 

Barclaycard

Data Protection Team

Dept LRC

Barclaycard

Northampton

NN4 7SG

**DATE**

Account number:

Dear Sirs,

 

I write with regards to the above account with your organisation.

 

I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as i have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed. Obviously if the agreement is improperly executed i would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

 

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules (Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract bearing my signature in its unaltered form will suffice.

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

 

I do not view this as an unreasonable request given that by supplying the document which i have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

 

I look forward to your reply and would ask for a response by XX/XX/XX - allow two weeks.

Regards

 

DO NOT SIGN, PRINT YOUR NAME

 

 

 

 

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The problem I have is that I know I owe the money and I don't really want to stop paying them (Too honest I know.) I just want to be sure that they can't take me to court. So I'm not sure what to do :confused:

 

Can I contest what they have sent me whilst still paying my reduced payments? As a goodwill gesture?

 

Any thoughts much appreciated,

 

CM.

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Can I ask if you have received anything that has your signature on it...If so can you post, with identifying details crossed out, it

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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So - no signed agreement, no document containing prescribed terms signed by you and them...sounds uneforceable...

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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SNAP !

 

Can I join ?

 

Received exactly the same - account opened 1998.

 

Everytime I complain they send the same T&C's, just received my fifth copy.

 

Beachy

 

Hi! :)

Are you still paying them?

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If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Hi! :)

Are you still paying them?

 

I'm paying what I can afford - & Iam ONLY doing that for one reason and that is I bank with Barclays, if I didn't then there is no way they'd get a penny from me.

 

They won't be happy with anything unless its what is due and will ignore letters (unless you like receiving T&C's).

 

Since they fell into cca dispute I've logged over 800 calls from them & Mercers - they are ruthless!

 

The choice is really yours as to whether to pay them.

 

Beachy

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Since they fell into cca dispute I've logged over 800 calls from them & Mercers - they are ruthless!

 

 

Tell me about it - I've logged hundreds of calls - including 6 in less than 3 hours on Easter Sunday :cool: I had a reply to my harassment letter saying they were investigating but they still haven't stopped calling :confused:

 

So you are in dispute but still making reduced payments? Cos that is what I want to do but am worried it will be seen as an acceptance of what they sent me (if you see what I mean?)

 

CM.

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Does anyone know how I complain about these fools? Their constant calls have got me at breaking point now :mad:

 

I can only find a form on the OFT website for advisers to fill in - I know they don't respond to individual cases but is there any way to contact them myself?

 

And who else can I complain to? I have put the account into dispute now and as far as I'm concerned they can whistle for their money ;)

 

THeY MUST PAY FOR THEIR EVIL DEEDS Mwa ha ha ha (evil laughter :D )

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