me v bc-cpr reply

[izzitme101]

Hi, back in feb i sent cca request for my bc, and inr eturn received an unreadable copy of conditions only, nothing else at all.

I couldnt be bothered to argue with them, so i sent a cpr request a couple of weeks ago, and received this in reply.

So many responses i could type to this, not sure which way to go though.

 

 

 

 

hmm not to clever at this lark, 2 secs

[izzitme101]

[izzitme101]

 

any suggestions, cpr letter two, or something a bit more acidic?

they claim to have sent me the agreement, but i have nothing but a piece of paper tilted conditions.

[slick132]

Hi Izzit,

 

This is now their standard response to CCA and CPR requests. Continue with the CPR strategy.

 

Also consider a complaint to the FOS about their failure to supply the credit agreement in response to your CCA request.

[izzitme101]

ok thanks slick, so cpr letter 2 this week then, im pretty reluctant to use the fos tbh, i dont like their 'moral' standards!

One reason is cos most letters the reccomend them, and i dont like that kind of recommendation, i dont trust it.

[izzitme101]

ok well i banged up a letter that basically pointed out their failings under the cca, and then also reminded them it was not a cca request, but a cpr request and got that sent off.

[izzitme101]

well they didnt like that one at all!

had a phone call telling me i have to pay and that they will send a doorstep collector round, and collections will continue, and that they never have to have a copy of my agreement with my sig on :O

 

cpr2 will go next monday as it will have been 14 days from my last letter, which was just a reminder that they hadnt complied, and it was cpr request, not cca.

[slick132]

Hi Izzit,

 

Remember, the people calling you probably have no knowledge of, or interest in, your CPR request or anything else to do with your case. They are just after a payment.

 

Read about threats of a DCA visit items 3 and 4 in the Debt Collectors section of the Consumer Forum Libraries - The Consumer Forums - Library

[izzitme101]

yeh ive been looking through in anticipation, incidentally, so people are aware, 5 mins before they called i had a call from an unknown dmp company, whose name i dont recall now, and i told them i had no problems with any debt, and hung up.

Will be firing off the go away from my door letter tommorow morning.

The guy on the phone insisted they had sent their requirements under my cca reqeust (a copy of conditions only) and that they would be continuing collection activity.

So i think a complaint to ts is in order which i will get sorted out this week to.

He did spend time looking through the details, as he had put me on hold for a good 5 mins. Didnt record the call but made it clear they wouldnt get anything till i saw the signed agreement, which he claimed they have no obligation to show me. He then said goodbye.

[slick132]

Hi Izzit,

 

If you mention, at the start of any call, that it's being recorded because your case is in dispute, you may find they have a different attitude.

 

Otherwise, hang up and avoid the calls altogether.

[izzitme101]

yeh will be doing that form now on, thanks

[RoadToRecovery]

subbing

 

gl

[izzitme101]

ooh a lovelt, completely invalid DN from mercers on this today.

I assume a Dn is automatically invalid if the account is in dispute with the oc?

Usual letters fired off today

[slick132]

Hi Izzit,

 

Playing Devil's Advocate here but you can't assume the DN is invalid.

 

You say the a/c is In Default - BC say it is not. It's certainly not clear that they are in the wrong as their argument for sending out T&C's does have some merit.

[izzitme101]

thats the thing, i didnt get t&c, i got a barely legible copy of conditions only, a single page, most of the top half is unreadable.

[izzitme101]

so would it be best to start cpr strategy again, but to mercers this time then since they seem to have handed it over?

[slick132]

No need to start again.

 

If you've had no reply to Letters 1 and 2, you should read further on the CPR thread and get on with the court Application using form N244.

[izzitme101]

ahh ok thanks.

[izzitme101]

ok have an update now, and a final response from bc.

Apparently section 77 of cca 74 does not apply to cc's, and this part of my request is not applicable.

Their previous letter (conditions) is apparently in the prescribed form in accordance with S61 of the cca 1974.

 

This is a final response to so my complaint will be flying off to the FoS today, as they seem to agree that im entitled to see the signed document.

[the_shadow]

ok have an update now, and a final response from bc.

Apparently section 77 of cca 74 does not apply to cc's, and this part of my request is not applicable.

Their previous letter (conditions) is apparently in the prescribed form in accordance with S61 of the cca 1974.

 

This is a final response to so my complaint will be flying off to the FoS today, as they seem to agree that im entitled to see the signed document.

 

They are correct in so much as s77 is for loans s78 is for credit cards, I'm guessing your request had both mentioned.

 

Oh and as far as the default notice goes... does Barclaycard's name and address appear on it at all? ;-) After all they are the creditor arent they and regulations state the creditors name and address MUST be on a default notice.

 

S.

[izzitme101]

hmm you know, i dont think i ever did get a dn for the cc, ill go through the papers and check.

My request did have both mentionedeither way it should get the same result i think, with a little luck.

[izzitme101]

hiya, checked all my papers, and definitely no DN for the barclaycard, its currently in the hands of the fos who gave me the impression that they agree that i should be able to view the signed agreement, but im not gonna rely on it yet lol.

[izzitme101]

think i have had some movement here, had a call from debt managers claiming i owe on a 3k barclaycard master loan, only answered cos i tohught it was gonna be about my overdraft which is with them and being paid off.

 

will be calling fos in the morning to see whats happening there.

[izzitme101]

Have had some movement on this one now, FOS says they recieved a copy of the original agreement, and asked if i was happy with that, told them they need to send me the copy. Also they gave me the date of signing, so i asked if it was the agreement, or an app form.

Guy says its an agreement from what he can make out, and hes sending me a copy to verify the signature.

its one or the other, cos the date of signing he gave me on the phone was correct.

 

missing lately cos of puter probs, just had this phone call today, so it seems with barclays the way to get the agreement is through the FOS.

[slick132]

Hi Izzit,

 

Yep, we've had a few BC cases where the FOS have got BC to release credit agreements recently.

 

Post up what you get so it can be checked.