Rizel23 Vs Barclaycard

[rizel23]

fab letter dicky, but my main claim against them (Barclaycard) now is the defective DN, should i mention that at all to them?

[diddydicky]

nope.

 

theyve got lawyers to work out what is wrong with their documents

 

all you need to do (which you have done) is tell them that their actions amounted to an unlawful rescission- its for them to work out why

at this stage

 

Its a game - they already KNOW full well what they are doing

[rizel23]

dicky here is the reply i got to the CPR letter, poor buggers! lol

 

http://i41.tinypic.com/293ixck.jpg

[diddydicky]

the next letter you will get is that their complaints dept have looked into it and although you wont like what they tell you- they do not find your complaint upheld

 

 

if you are really lucky you might get a " our legal department say this is all ok" bit as well

 

 

that'll be another one to be filed then!!

[workaholic duck]

Sorry to butt in (must have posted on this thread before as I've just been sent an email). Following this closely as it resembles mine to a certain extent. See link below, from #71 for up to date report.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/178701-barclaycard-cabot-pre-1974-a-4.html

 

BCard ignored my letter, sent Dec 2009, now set Credit Security on to me with threatening letters. The bit that confuses me is that I've had this a/c since 1974, when it was my cheque guarantee card. I'm 99.9% sure no CCA1974 ever. Done CCA request, SAR's, nothing remotely suggesting any contract. Of course, way back, they said they didn't have to produce one because it's pre-1983(5?). They would have to in court, I know. But they say they won't take it to court - sensible. My letter in Dec accepted rescission of 'contract' - if ever there was one. Told them the 'common sense' thing to do would be close the a/c, mark as satisfied with CRA's and stop wasting everyone's time.

Got all my s/ments with SAR request. Charges total, with interest added, would wipe out the 'debt'. But as I'm denying any debt can't go that route (I was saving that for if they ever produced a contract). Will I just have to put up with passing it on/bemused letter/back to BCard? For 6 years???? Any help/advice would be most welcome as I really thought my letter had put an end to it. I hope my experience may help someone out there!

[rizel23]

the next letter you will get is that their complaints dept have looked into it and although you wont like what they tell you- they do not find your complaint upheld

 

 

if you are really lucky you might get a " our legal department say this is all ok" bit as well

 

 

that'll be another one to be filed then!!

 

fully expecting that but shows i'm no push over, but now have contact personal name & address for Debt Managers who i will issue any further correspondences to, phone has gone dead in my house since accepting Barclaycard & Virgin\MBNA unlawful rescission of contracts through faulty DNs so something is working! lol

[rizel23]

well after a month of waiting for Barclaycard to reply to them Debt Managers just forward me a letter that Barclaycard sent me back in November advising that they had complied with CCA 74.

 

This is all despite the request being made under CPR stating clearing this was not a request under CCA 74. Here is there reply;

 

http://i39.tinypic.com/24ypzba.jpg

 

I'm guessing i should just reply stating the following to them:

 

1) The Request was made under CPR not CCA 74

2) Requests made previously under CCA 74 & SAR have relieved no legally enforceable CCA so i have returned budget sheet to them.

3) Issue them with second stage of CPR to see there reaction (anyone have second letter handy?)

 

Thanks

[rizel23]

anyone have any thoughts on above reply?

 

I have accepted Barclays Cards unlawful repudiation of contract, but had no reply, have recorded proof it was delivered.

 

should i mentione that CPR route is being followed due to no legally enforceable CCA being sent to me with request from SAR or CCA.

[rizel23]

i have had nothing on this from over a year now!

[the_shadow]

Have u checked your credit file at all to see if Barclays still own the debt and are reporting it.

 

S.

[rizel23]

Have u checked your credit file at all to see if Barclays still own the debt and are reporting it.

 

S.

 

i have not no, would a standard £2.00 check cover all details?

 

i managed to get a vanqish card last September 2011 and HSBC Credit Card from my bank so it appears not to have too badly effected my credit, i ensure all bills are paid each month now

[the_shadow]

#Yes it would

 

S.

[rizel23]

well it seems my alleged debt has now been sold to Lowell.

 

They have managed to get hold of my new address also, but luckily not my phone number!

 

Its officially been sold, here's the letter!

 

http://i54.tinypic.com/2ag2i6d.jpg

 

I have defective default notice;

 

http://i32.tinypic.com/whjxww.jpg

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?205335-Rizel23-Vs-Barclaycard/page6

 

and have accepted there unlawful repudiation back in February 2010

 

any advise on how to proceed? to be honest i had forgot mostly about this!

Edited August 5, 2011 by rizel23

[diamondgirl]

Your lowell letter has your old account number I would remove it if I was you

 

DG

[rizel23]

Your lowell letter has your old account number I would remove it if I was you

 

DG

 

 

thanks i edited it yesterday to remove details, has it gone now? its not showing when i click on link?

[diamondgirl]

Yes its gone now

[rizel23]

Yes its gone now

 

thanks.

 

Does anyone please have any advise on how to proceed? I guess CCA'ing them is pointless as Barlcays do not have a vaild agreement it seems, plus i have accepted there unlawful repudiation last year?

 

******

 

could my CCA be enforced now, i did recive a copy of a application form;

 

http://i26.tinypic.com/1zppq44.jpg

 

but have a faulty default notice;

 

http://i32.tinypic.com/whjxww.jpg

Edited August 11, 2011 by rizel23

[brokebutnotbeatn]

Did you send them an 'in dispute' letter?

[rizel23]

Did you send them an 'in dispute' letter?

 

 

i have not sent any reply yet the lowell's yet, as would like some advise on how to proceed?

 

It seems that since this thread and dispute was started there have been some test cases and changes;

 

1) Reconstructions of Credit Agreements can be now be accepted

2) Default Notices can be reissued and acceptance of unlawful repudiation on the back of faulty DN's and demands for full payment can actually go against the the alleged debtor

 

I know that from a SAR request all the Barclay's have is a application form, with a photocopy of the T&Cs on the back missing many precibed terms such as APR & Credit limits ect.

 

http://i26.tinypic.com/1zppq44.jpg

 

The Default Notice that was issued by Mercers was faulty on the number of working days it allowed me to remedy and the fact the original creditors name & address was not listed correctly;

 

http://i32.tinypic.com/whjxww.jpg

 

 

Would i be best to simple to send a in dispute letter along with another CCA request as i know for a fact that Barclays do not have the original as they stated on there covering letter of SAR request all the information they hold on me has been included.

 

Many thanks!

[rizel23]

Another threat o gram letter received

 

I still I'm not sure how i should proceed with this now.

 

All i know for certain is that Barclay did not have my original CCA & stated all the information they held on me was included included in my SAR request in 2009.

 

The default notice was issued by Mercers and not Barclay Card and had errors. So surely a debt can not be sold to another party if the legislation that they have to follow by law is not followed correctly?

 

I'm mighty confused now myself! lol

 

So i guess i'm still in dispute over not receiving a satisfactory reply to my CCA request years back and the DN is a secondary issue?

[rizel23]

Well i thought i would update this.

 

On 12 May 2012 (yes over 3 months ago) i wrote to Barclaycard requesting;

 

"After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against an account in my name.

 

To adhere to the legitimacy of this I therefore please require;.

 

1. You supply me with a true copy of the alleged agreement you refer this default to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number 9826 ************

 

2. You must supply me with a signed true and certified copy of the original default notice apparently issued to me.

 

3. Any deed/notice of assignment if the debt was sold on.

 

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated. I also request all correspondences in writing only."[/i]

 

 

 

They have finally replied, please note the last paragraph of the second link; (also included was a load of photocopys of some T&Cs i have no recollection of, but expected that

 

 

http://i46.tinypic.com/nuv5t.jpg

http://i48.tinypic.com/1fk3h5.jpg

 

So if no Deed/Notice of Assignment was required or ever sent to me then whats this?

 

http://i49.tinypic.com/jfyctd.jpg

 

Can anyone recommend best way to proceed? Its been 3 months since my request of documentation said Default was made Barclaycard and now there basically lying to me or extremely badly informed.

 

Thanks