Kiani -v- Goldfish/Barclaycard a/c

[kiani]

Hi everyone

i sent 2 cca 1978 to barclaycard which arrived at the offices on 7th april

1) for a barclaycard that has always been a barclay card

for this i have only recieved back a copy of t&c

2) for a goldfish card which is now a barclaycard goldfish card

for this one i have still not had any reply

 

what should my next move be

 

thankyou

[slick132]

Hi Kiani,

 

New thread here is for your Goldfish/Barclaycard a/c only, to keep it separate from the other BC a/c.

 

You could wait until their time is up to respond, and then write as appropriate.

 

They have 12+2 days and then a further calendar month. So they are already in Default under the CCA1974.

[kiani]

hi

thank for the reply

should i write to them again or wait for the calender month to run out

 

thanks

[slick132]

Personally, I'd wait until the further calendar month has expired.

 

Otherwise, you can write to BC at every opportunity, but they tend to ignore you.

 

[kiani]

hi

thanks for the reply

today i recieved a responce to my cca 1974 s78 request, in which bc have only supplied a copy of the original bc terms and conditions when i opened the account back in 1999

but when i opened the account it was a goldfish card not a barclaycard goldfish.

so shouldnt they have sent me a copy of the original goldfish terms and conditions if any. or are they allowed to send me the t&c form bc back in 1999

 

thankyou

[slick132]

This is what we'd expect from BC, and they'll say they've fulfilled their obligations.

 

Are there penalty charges you can reclaim on this a/c. Read the Reclaiming Guide at Link No 1 in my signature below.

 

If so, and you have the necessary statements, fill in a Site spreadsheet to make up your SOC.

 

If you don't have the statements, you need to send them an SAR.

 

If you want to get sight of the credit agreement, start on the CPR route as per Link No2 in my signature.

[kiani]

hi slick132

thankyou of reply

as bc have not sent me a copy of the credit agreement do i have to continue to make payment

 

thanks

[slick132]

No. As you consider the a/c to be formally in dispute, you do not have to pay and they should not pursue payment.

 

However, the reality is that they will continue to seek payments, regardless.

[kiani]

hi

thanksyou for the reply

 

do you know where i can get a template for a letter to let bc know that i consider the account to be formally in dispute?

 

thanks

[kiani]

hi

do you know where i can get a letter template to let bc know that this account if now formally in dispute

 

thankyou

[kiani]

hi

i put 2 posts up askin 4 a letter template are they being deleted or am i doing somrthing wrong

 

thanks

[slick132]

Hi Kiani,

 

No, Nothing wrong - just a bit impatient, considering it's a Bank Holiday Sunday.

 

This is a self-help forum where all the resources are here for you use. You just have to read up on stuff and find what you need. If you can't find it, by all means ask questions.

 

People are happy to help when they are on-line. When they are not, you either have to wait for guidance, or look for it yourself.

 

Adapt this letter to reflect your own case and send it off to BC (who will of course ignore it !!) by Rec'd Del'y - http://www.consumeractiongroup.co.uk/forum/barclaycard/167584-barclaycard-no-cca.html#post1821561

 

Reading threads in the forums which concern you will yield masses of info which you'll find useful.

[kiani]

Hi

 

I recieved a letter from BC a few days back, it says

 

Dear Sir/Madam

 

Reference: SECTION 78 of the Consumer Credit Act 1974

 

Thankyou for your request for information under section 78 of the consumer credit act 1974.

 

Based on the information you have given we are unable to locate your clients account details. Please provide further information to allow us to proceed with your request such as previous addresses or barclaycard account numbers

 

yours sincerely

 

 

I have checked the information i have provided them and it is all correct.

 

I have always lived at my current address and do not have any old statements or cards to beable to provide any previous account numbers.

 

is their any advice you can give me on what i should do regarding the letter they have sent

 

thankyou

[slick132]

Hi Kiani,

 

I assume they've sent this in response to your complaint that they've only supplied your T&C's.

 

Make sure the a/c no. on your letters is correct. Write back and confirm it and say you've been at your current address for the last xx years. Remind them the a/c is still in dispute as they should have supplied your credit agreement by xx date.

 

You didn't answer my Q in post #6 above. Have they added penalty charges to the a/c. If so, you should add up the total and reclaim them.

 

If you need your statements to check this, send off a SAR.