reply from barclaycard

[landersd]

i sent the s78 re my leeds card to barclays as they have taken on the leeds accounts. they replied with a letter which stated

 

" under section 78 , we must supply you with a copy of your executed agreement and a statement of account which is practicable to refer"

 

" please note, a copy of your current credit agreementwill be sent under seperate cover "

 

They then sent a letter which said

 

"enclosed is a copy of your barclaycard terms and conditions "

 

Basically there first letter agrees that they should send a copy of the executed agreement , but all they actually sent was a copy of the terms and conditions.

 

Can anybody advise me as to what letter i need to send next.

 

Regards

 

Digger

[maroondevo52]

Hi,

 

I'll move this thread to the Barclaycard Forum.

 

Regards.

 

Scott.

[landersd]

thanks but my queation relates to credit cards not bank charges

 

 

digger

[maroondevo52]

Hi,

 

The Barclaycard Forum is for any questions about accounts with Barclaycard, not just Bank Charges

 

Regards.

 

Scott.

[cds]

Barclaycard standard response don't know why they send it in drips and drops

but when mine finally came it was totaly unenforceable. Its now in dispute and they have even just sent all my default charges back.

 

cds:)

[diamondgirl]

You could send the account in dispute letter if all they have sent you is T&C because thats not what you asked for.

 

DG

[landersd]

hey diamond girl thanks ..... where is the template letter for account in dispute

[diamondgirl]

Here you go - amend to suit - if you click on the link in debt collection industry it will take you to various links where you will be able to find all sorts of letters. Sorry my old mac won't let me put a link to it.

 

Account In Dispute

 

Dear Sir/Madam

 

Ref: Account No. ..................

 

Thank you for your letter of ............., the contents of which have been noted.

 

You have failed to respond to my legal request to supply me with a true copy of the original Consumer Credit Agreement for the above account.

 

On ....... I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account entered default on ...................

(12+2 days after you sent the CCA request – Delete this line)

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

 

As you are no doubt aware section 77(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled, while the default continues, to enforce the agreement. Therefore, this account has become unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. If you not respond within 14 days I shall take it that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

 

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

 

* You may not add further interest or any charges to the account.

 

* You may not pass the account to a third party.

 

* You may not register any information in respect of the account with any credit reference agency.

 

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully,

 

A N Other

Remember never use your usual signature if you do put a line or cross through it so you will know if it is every copied and pasted.

 

DG

[slick132]

Hi Landersd,

 

Have you had any penalty charges on the a/c in the last 6 years. If so, they can be reclaimed in full.

 

Also, if PPI has been added inappropriately, this can also be reclaimed.

 

Re their failure to send your credit agreement, BC will not send it to you but they will continue to press for payments if you withhold them.

 

Read up on the CPR strategy if you want to get sight of the agreement. See Link No2 in my signature below.

 

Or you could try a complaint to the FOS about BC's failure to provide what you think they should.

 

Read other threads here in the BC forum and you'll find many cases similar to yours.

[landersd]

Hi i have today sent the "account in dispute letter".

 

can anyone tell me if i stop making payments will it go on my credit file and give me a bad rating?

 

Also do different credit card co.s talk to each other i.e will barclays tell others i,m making a claim?

[slick132]

Hi i have today sent the "account in dispute letter". Good.

 

can anyone tell me if i stop making payments will it go on my credit file and give me a bad rating? Almost certainly YES.

 

Also do different credit card co.s talk to each other i.e will barclays tell others i,m making a claim? Not to my knowledge. Even if they do, I don't see that it would affect you particularly.

If you stop paying, they will mark this against your credit files. It should be possible to have this removed if they are unable to provide an enforceable credit agreement, but experience shows this is a slow and difficult process.

[landersd]

my point about them talking to each other is that if they do, any other credit card i have may get withdrawn

[the_shadow]

my point about them talking to each other is that if they do, any other credit card i have may get withdrawn

 

Just another note of caution...

 

All credit card providers monitor your credit file whilst also reporting, you may find that if your credit rating dips due to barclaysharks marking it as behind in payment then the other providers will start to squeeze..

 

Normally this is in the form of either reducing your available credit balance on the other card or sometimes (MBNA in particular) of increasing your APR% as they deem you now a credit risk.

 

S.

[landersd]

Am i right in saying that if barclays give me a bad rating whilst i believe the account is in dispute, then they are committing an offence?

 

and if this is the case can i immediately issue court proceedings.

 

If this is the case then surely it becomes a "put up or shut up" scenario.

 

Obviously i,m no legal expert and the views of some people here will be much appreciated.

 

regards

 

Digger

[slick132]

The problem here is that, whilst YOU consider the a/c to be in dispute, BC will maintain that they've met their obligations under CCA 1974 by replying with the T&C's.

 

Accordingly, THEY consider the a/c NOT to be in dispute.

 

You didn't answer my Q in post #9 above. If there are penalty charges on this a/c, THAT would be grounds in itself to challenge a Default Notice if they send one.

[landersd]

hi slick , sorry i didnt reply, i,m getting a bit bogged down at the minute.

Yes there are late penalty charges on the account but not sure how much and when there from, will look back through what statements i have.

 

Why does this make such a difference ?

 

re the account being in dispute, if myself and barclays have differing views on this who decides, and is there a specific time that they cant argue otherwise i.e after the 12+2days and then the 40 days?

 

basically my thinking is that is there a quick way to get this to court so i can force their hand,(do they have an agreement or not?)as it seems to me that all they want to do is delay things as long as they can.

 

Digger

[slick132]

Re my interest in whether you have penalty charges:-

 

1. You can reclaim them.

 

2. If you miss payments because you say the a/c is in dispute and they issue a DN, the penalty charges mean the DN total is incorrect and the DN is therefore not compliant.

 

BC say they've complied and you say differently - this is why people are using the CPR strategy. This is almost certainly the quickest route to getting your credit agreement, so read up on it.

[landersd]

do i have to inform them about the charges to make the DN non compliant?

 

i have already sent the cca letters 1 and 2, so am i still able to go down the cpr route

[slick132]

do i have to inform them about the charges to make the DN non compliant? Technically speaking NO. The DN is incorrect if it includes unlawful penalty charges. You can draw this to their attention when they DN is issued, along with any other points on which it fails.

 

i have already sent the cca letters 1 and 2, so am i still able to go down the cpr routeYes, the whole point of using the CPR strategy is that BC fail to provide the credit agreement in response to CCA requests.

[landersd]

recieved a reply to my second cca leter today, basically its a standard letter and they say the've complied with my request and they wont reply to any more correspondance.....am still not sure about the cpr route, is it worth sending a sar letter

[slick132]

am still not sure about the cpr route

Do you mean you're not sure if it will work, or you're not sure that you want to take this to court with an N244 Application.

 

If you don't have all your statements (which you need to reclaim charges), you should send a SAR anyway. As well as getting the state's you need, you can then complain to the ICO and/or FOS about their failure to supply the Agreement as part of the SAR disclosure.