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Is this Barclaycard CCA enforceable - anybody


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Hi Folks

 

Received this CCA from Barclaycard yesterday seems to be only T & C's which it appears everyone is receiving from Barclaycard on this forum. Could they be trying to lead us up the garden path by sending everybody the same so that nobody really knows if they have a true copy or not until it is too late.....by that time they have taking you to court.

 

Any coments would be gratefully received.

 

Here is the copy of CCA I received from Barclaycard is appears to be only T & C's as I said above:

 

BarclayCard Page 1

BarclayCard Page 2

BarclayCard Page 3

BarclayCard Page 4

BarclayCard Page 5

BarclayCard Page 6

BarclayCard Page 7

BarclayCard Page 8

BarclayCard Page 9

BarclayCard Page 10

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  • 2 weeks later...

From what I've seen on this forum, Barclays seem to be the worst of a rotten bunch. They can't just send out any old faff, but it's crucial to know the date of your agreement.

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not enforceable, you could reply with::

 

Dear Sirs,

Account no xxxxxxxxxxxxxx

 

Re: my request under the Consumer Credit Act 1974

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

My request remains outstanding. A copy of your current terms and conditions with no personal details on it, like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. A blank agreement neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

You had until xx/xx.2008 (12+2 working days after the request was made) to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation.

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

I expect you to write to me confimring that the account has been closed and no further action will be taken.

I look forward to your reply.

Yours faithfully

 

Ida x

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  • 2 weeks later...

Hi everyone

 

Sent letter that ida advised telling them CCA not enforceable also sent fro charges, over the past 5 years the charges add to £706 they have sent me a letter offering £476.00 any idea what I should do accept or decline not sure what the chances are!! especially now I have challanged their CAA

ANy help/advice/comments greatly appreciated.

afw

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Hi,

 

It depends on what your trying to achieve, whats the balance on the account ?

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

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if it will only make a small dent on the balance, you can still go the two ways.

 

you could go all the way with the charges to get the full amount and if there is still a a balance they go the cca go away route.

 

if the all charges will wipe it clean and try to get them to remove any default applied as well.

 

Ida x

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Hi Scott & Ida

Many thanks for you quick responses.

 

Cant remember what the balance is without looking it up but I think the balance was approx £1,900 so this would make a good dent on the balance. Then I could maybe hassel a bit with an offer of settlement seeing as you all seem to say that the CCA is not enforceable.

 

Cheers

Afw

Anybody else feel free to comment the more the merrier as they say!!

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if that's the case then refuse their offer and continue with charges claim

 

 

ida x

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Ta Ida your a gem thanks for the speedy reply you must know I am sitting here on egg shells waiting patiently for someone to guide me, you lot are true hero's/heroine's keep up the good work I was wondering I read a lot of posts regarding a cag caller rory who seems to be very well clued up however have not seen any posts/replies from him since I started on the forum I do hope he is okay as he seemed a treasure to have on this forum.

Cheers again Ida

afw

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  • 2 weeks later...

Hi everyone

 

After writting to Calders Finance (Barclaycard collections)for CCA on 28/5/09 I received a Blank copy (See copy in post No.1). I think we all came to the same conclusion not enforceable.

 

18/6/09 - Sent Account in Default again they sent me a Blank Copy of same.

 

1/7/09 - Re-sent Account in Default.

 

Today 16/7/09 - Received letter from Barclaycard "Not accepting Acount in dispute" letter.

 

Can anybody advise me what my next step should be they are asking for legal and documentary evidence to support my claim. Also they claim that what they have sent me has been interpreted in the High Court as an issue of what is an executed agreement.

 

Letter posted here:

 

Barclaycard Letter Page 1

Barclaycard Letter Page 2

Barclaycard Letter Page 3

 

ANy comments on what my next step should be greatly appreciated.

Cheers

AFW

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Page 2: They say the application form is designed to show you signed a contract with them. It still doesn't prove the existence of an executed agreement. If they have one, then why not just give you a copy to end the dispute? They don't have one, thats why.

 

Make a subject access request, specifically asking for a copy of the executed agreement and the T&Cs at the time the account was taken out.

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there ain't much you can do i'm afraid.

 

as youknow it's a waiting game.

 

if they had one surely they would just send it to get you to pay.

 

Ida x

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if you want to reply keep it simple

 

 

dear twats,

 

thank you for your letter dated xx/xx/xx, the contents of which have been notes.

 

I have already advised you why several times as to why this is account is in dispute ans still is.

 

Please be advised that i will not be offering any further payments or responding to any further communcation from you until I recieve a suitable response to my request under Consumer Credit Act 1974.

 

Now fook off

 

Ida x

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if you want to reply keep it simple

 

 

dear twits,

 

thank you for your letter dated xx/xx/xx, the contents of which have been notes.

 

I have already advised you why several times as to why this is account is in dispute ans still is.

 

Please be advised that i will not be offering any further payments or responding to any further communcation from you until I recieve a suitable response to my request under Consumer Credit Act 1974.

 

Now fook off

 

Ida x

 

But is it still in dispute, given that they have complied with the CCA request? There seems to be no other designation, at least that I can find, for an account that is uenforecable. I don't think that you can still say it's 'in dispute' after the have complied with CCA s77/78. I think it stays as 'unenforceable'.

 

We need to be clear on this, for it may trip us up with creditors.

 

And, yes, as Ida says it is indeed a waiting game. I am still swithering where to use s142 and go after them in the courts for a strike-out as I fear the judge could 'go the other way' on the day. Paranoia, I know, but sometimes that's a good thing.

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they have not fullfilled there obligation under the cca1974 and until they do so it is in dispute. they know exactly why it is and are hopeing craigers will fold.

 

only if they supplied something that was a cca but it was illegable for example then the 'wiording ' would change.

 

if anything this like is to go to court the more ammo you have the better ;)

 

 

the last RBS case the judge had noted that RBS had been advised many times why their cca was unenforceable due to lack of prescribed terms and didnlt take to kndly that RBS still went ahead with court and judged it as an abuse of court process.

 

Ida x

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they have not fullfilled there obligation under the cca1974 and until they do so it is in dispute. they know exactly why it is and are hopeing craigers will fold.

 

only if they supplied something that was a cca but it was illegable for example then the 'wiording ' would change.

 

if anything this like is to go to court the more ammo you have the better ;)

 

 

the last RBS case the judge had noted that RBS had been advised many times why their cca was unenforceable due to lack of prescribed terms and didnlt take to kndly that RBS still went ahead with court and judged it as an abuse of court process.

 

Ida x

Are you sure? I thought the same way, that they account was 'in dispute' until they provide a correctly set-out and signed agreement with the PTs on same document. But there are others on this forum who say that compliance with CCA request - even if unenforecable - deems the account to no longer be in dispute.

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if you want to reply keep it simple

 

 

dear twits,

 

thank you for your letter dated xx/xx/xx, the contents of which have been notes.

 

I have already advised you why several times as to why this is account is in dispute ans still is.

 

Please be advised that i will not be offering any further payments or responding to any further communcation from you until I recieve a suitable response to my request under Consumer Credit Act 1974.

 

Now fook off

 

Ida x

 

Hiya

 

I have decided to send Ida's short and too the point letter (see quote)to Barclaycard regardiong the Blank Consumer Credit Agreement they sent me, they have also wrtten to say they do not consider this account to be in dispute, I am going to Subject Access Request them tomorrow to see what they turn up with stupidly I just sent them £10 for my charges but didnt subject access request it I only asked for charges so I shall need to pay another £10.00.

 

Also today they have sent me a letter saying they are definately not going to increase their charges offer therefore they have said that I need to take other action as they will not correspond anymore regarding charges.

 

I was thinking about going down the FOS route as the court route would take up too much of my time which I dont really have due to me being my Husbands carer and between hospital appointments docs and everything else I feel that I would not be able to see it through.

Has anybody any advice on how to go through FOS route for charges any help and guidance would be greatly appreciated.

Cheers

AFW

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Hiya peeps

Ready to send letter to financial Ombudsman Service for charges would it worth including in the complaint that they also sent a blank CCA with copies of T & C's or am I wasting my time as the FOS will see that they have (in not so many words) complied and there is no dispute regarding CCA.

Any comments positive or negative (thats how people learn by mistakes - unfortunately)please

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add it in but explain why the cca is in dispute, would not harm your claim

 

ida x

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I have already posted complaint lletter late today but didnt mention the CCA.

I am sure these companies are getting their kicks out of p****** us off with toing and froing of letters hoping peeople will give up.

Cheers Ida

AFW

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Hi 2423351afw - "toing and froing of letters hoping peeople will give up." now you're getting the idea!

 

They have nothing to lose by dragging this out and many people will give up before reaching the correct outcome.

 

Unfortunately everyone who gives in encourages them to continue in this fashion.

 

Give the total outstanding balance here, how much does their offer represent, does it cover all the charges (not the spending)?

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