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Is this Barclaycard CCA enforceable - anybody


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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)?

 

Morning rickyd

 

They can drag this out as long as they want I aint going to give in I have paid more than a fair share including their interest over the life span of this card so I think its time they paid something towards it. (See amounts in post 6 & 9). Letter of complaint away to FOS (can anybody tell me do FOS acknowledge your letter/complaint, according to Royal Mail site they do have it but no signature and I thought maybe they would acknowledge the complaint by return or are they so busy with complaints now they may not have the time.

cheers

afw

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The thing to keep in mind is that unfair agreement legislation only deals with interest and charges, not the balance of the loan/card. I don't think any court would agree that you shouldn't have to repay what you borrowed/spent on the card, its the extra costs involved that they look at and sadly, the definition of what's reasonable is very elastic and varies dramatically.

 

The fact that they have made you an offer will help their case too as it shows they've tried to resolve the issue.

 

When I worte to FOS I got an acknowledgement, but that was a few years back and as you say, they are much busier now.

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  • 2 weeks later...

Hi Folks

 

No reply yet from FOS regarding Barclaycard Complaint apart from acknowledgement will keep you all posted once I receive any communication from FOS.

However I have another question.... when you send away for a SAR should they send you copies of statements and charges back with it. My Daughter has sent a SAR to Barclaycard, she received a few copies of letters and reams and reams of computer print out paper but no sign of statement and charges does she have to send anothe £10 for copies of these fees or should they have come with the Subject Access Request papers.

Cheers

afw

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The thing to keep in mind is that unfair agreement legislation only deals with interest and charges, not the balance of the loan/card. I don't think any court would agree that you shouldn't have to repay what you borrowed/spent on the card, its the extra costs involved that they look at and sadly, the definition of what's reasonable is very elastic and varies dramatically.

 

Where are you getting this information from?

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they should send EVERYTHING

 

edit this to suit:

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated (Insert Date). The disclosure of personal data is incomplete in that at least the following documents are missing.

 

(Adapt this next section to your situation)

 

1) You have failed to provide a complete list of transactions and charges.(Add details of missing period - or a transaction that you know about which is not included)

2) You have provided no notes, or documents relating to any legal action between you and myself.

3) You have provided no notes, or documents relating to instances of manual intervention.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

You have a further (Insert number of days remaining) days to comply.

 

Yours faithfully,

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Hi Ida

You have came up trumps once again.....another wee question they have no more days left to comply for this request as this expired today 12Th AUgust 2009. SO when I write the letter above asking them to coply by sending her a list of transaction and charges could I give them a 14 day deadline to get these statements to her before I report them and also how many days, weeks do I have to wait until I can send a complaint in.

ANd who do we send it too.

Cheers

afw

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LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated (Insert Date). The disclosure of personal data is incomplete in that at least the following documents are missing.

 

(Adapt this next section to your situation)

 

1) You have failed to provide a complete list of transactions and charges.(Add details of missing period - or a transaction that you know about which is not included)

2) You have provided no notes, or documents relating to any legal action between you and myself.

3) You have provided no notes, or documents relating to instances of manual intervention.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the Sheriff Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours faithfully

 

:D

 

same address you sent the sar too

 

ida x

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Fly send them above for he PPI and anything else that you need

 

ida x

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Hi

Sent complaint to FOS regarding Barclaycard charges/fees had acknowledgement back, sent Barclaycard and Calders Account in Default letter due to unenforceable CCA. However still getting calls from Calders (From a Mobile Number)and Barclaycard everyday I am dying to spreak to them but I know I shall lose the plot on the phone. Obviously they do not read their mail or they do but feel just for the hell of it we shall keep at them. ANy advice what to do next.

Cheers

afw

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have you sent them the telephone harrassment letter?

 

if so have you thought about getting call barring for a couple of month?

 

ida x

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I'm not sure you're correct to tell them 'account in default' if they have supplied a CCA request, enforceable or not. Hit them with this, from section 65 of the Act itself:-

 

65(1) Consequences of improper execution.

 

An improperly-executed regulated agreement is enforceable against the debtor or hirer on an order of the court only

 

 

+ 1 to what Ida says, cos I had both sets of b******s on my back. I got the local Trading Standards involved and they paid them a visit and they shut up after that.

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Cheers Ida & Flyboyagin

Call barring not an option Virgin does not do this service and Harrassment Letter I have heard off this on hear I shall need to go and hunt one down.

 

And Oh Dear I seem to have made a big boob!!!! with the Account in Default obvisously jumped in at the deep end, will also need to try and get another letter out to them with telephone harrassment letter(they must get mega mailbags from all us caggers do you think the really read them all.

cheers once again ida and flyboyagin

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You can get the Truecall unit off this site (for peace and bloody quiet!), do you know?

 

The only reason I spotted this default/in dispute thing being incorrect after receiving a CCA (I'd stated it myself) was that the bank one day got a hold of me and asked me whay I thought the accounts were in dispute when they had sent the copy agreements. I had to dodge around them and say that I actually disputed the way the agreement was set out and thus its enforceability. And I swiftly followed up these clairifications by letter!

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Hi

Just found the truecall thingy a few mins ago unfortunately no spare pennies to pay for just now so will have to go around with ear plugs on...

I shall try and draft a letter regarding this default/in dispute thing.

Is there any templates onhere that you know off for this sort of letter.

I try and write a letter and think that not bad then normally its Ida that comes to my rescue with another letter and I look at my letter and the one she has sent there is no comparison.. I give you a guess wihich letter gets sent....YES the one Ida has prepared earlier.

WIll keep you posted on this one. cheers once again

afw

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:p

 

 

telephone harrassment:

 

Your Street

Town

City

Postcode

 

DATE HERE

Company Name

Road

Town

City / County

Postcode

Re: Harassment by telephone

 

ACCOUNT NUMBER: XXXXXXX

Dear Sirs

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to, FOS, OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded.

 

Yours faithfully,

 

[NAME HERE]

 

 

ida x

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I'm not sure you're correct to tell them 'account in default' if they have supplied a CCA request, enforceable or not. Hit them with this, from section 65 of the Act itself:-

 

65(1) Consequences of improper execution.

 

An improperly-executed regulated agreement is enforceable against the debtor or hirer on an order of the court only

 

 

+ 1 to what Ida says, cos I had both sets of b******s on my back. I got the local Trading Standards involved and they paid them a visit and they shut up after that.

 

 

they haven't produced any agreement, that's why it's still in dipute, if they supplied and agremeent with a prescribed term missing or sig etc that's a bit different

 

ida x

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  • 2 weeks later...
they haven't produced any agreement, that's why it's still in dipute, if they supplied and agremeent with a prescribed term missing or sig etc that's a bit different

 

ida x

There are people on this forum who appear to disagree with the last part of your statement, Ida, though I am in complete agreement. I'm sure I have asked before for clarification on this but can't seem to recall anyone other than The Shadow confirming this. I think it's quite important because my old bank tried to trip me up over it, asking why I thought the account was still 'in dispute' after they had sent what they had. It's crucial that the 'in dispute' term is made clear; perhaps the legal bods on the site team can clear this up.

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Hiya

Wee update foryou all...another letter from FOS advising that they are ready to contact BC regarding charges to get their side of the story-whatever that maybe.. Sent Calder telephone harrassment letter but they are still calling everyday but only twice a day instead 6 times a day so I suppose its a bit of a progress. Will keep you all updated as sson as Ihear anything.

AFW

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if you have snet te harrassment letter, keep a notebook at the side of the fone and starting logging dates and times of calls

 

ida x

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Hi Ida

Started to list the calls as you told me befores sometimes I do forget with hubby not being to good but most of the calls are listed do I send the list to anybodyto deal with harassment.

Cheers Ida

AFW

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