Come to Court Barclaycard

[sbfido]

:) Barclaycard wont pay attention

 

:cool: I Have issued summons for telephone harrasment costs incurred by me awwwwwwww

 

:eek:The will pay compo to me for being so annoying.

 

:-oFinally I expect compo for sending cra info too.

 

 

ACCOUNT IN SERIOUS DISPUTE

 

 

LETTER BEFORE ACTION

 

Barclaycard House

PO BOX 5592

Northampton

NN4 1ZY

 

Dear Sir/Madam

 

Account Number 4*********************

 

ACCOUNT IN DISPUTE

 

Contrary to assertions made by Frances Chambers in a letter dated 29th May 2009, Barclaycard has still failed to comply with its obligations under section 78 of the Consumer Credit Act.

 

The set of documents included in your letter however, do not absolve Barclaycard of its obligations under section 78 of the 1974 Act.

 

Regulation 3(1) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557) requires the provision of a true copy of an agreement. Although this need not be an exact copy and certain information may be omitted from a true copy, it must still be a true copy rather than a conjectured reconstruction and the information that may be omitted is strictly specified.

 

However, it is not the case that information need only be provided in relation to an agreement as varied or that only the most recent version of the terms and conditions applicable to an agreement need be provided.

 

Seeking to rely on regulation 7 in supporting that position is to overlook both the distinctions between the wording regulation 7 on one hand and regulations 8 and 9 on the other.

 

Although regulations 8 and 9 use the word "comprise", regulation 7 uses the word "include". It provides that copies provided in accordance with any section other than section 85 shall include either an easily legible copy of the latest notice of variation or an easily legible statement of the terms of the agreement as varied.

 

Barclaycard would only have been entitled to provide a statement of the current terms of the agreement in lieu of a true copy of the executed agreement in the very limited circumstances in which regulation 9 applies (ie to agreements entered into prior to 1985).

 

Neither regulation 8 nor 9 applies in this instance, so the information provided must include the current terms and conditions and not merely comprise the current terms and conditions.

 

Accordingly, Barclaycard was (and is still) obliged to provide a true copy of the terms and conditions referred to in any application form in their original form, in addition to the current terms and conditions that have been provided.

 

I would be obliged if these could now be provided without further delay or prevarication.

 

In the meantime, the effect of section 78(6) of the Consumer Credit Act 1974 is that Barclaycard is precluded from taking any enforcement action whatsoever in relation to the account.

 

You are reminded that should litigation be your preferred course of action you will be required to provide the original document for the Court and that the courts powers to enforce an agreement that is not properly executed and that was entered into before 2007 are limited by section 127(3) of the consumer Credit Act 1974 .

 

As you are also aware i have requested formally that you stop making chasing phone calls, i have also explained this on numerous occasion and still get bombarded with these calls and informed that hold on calls only last for 14 days. As you have not complied with my CCA request you are not permitted to take enforcement action, these calls are requests for payment – therefore you act outside of the legislation.

 

As you fail to comply with my requests to place matters in writing and you harras me numerous times a day you will now be required to answer to the court. :):)I have now issued proceeding against you for harassing calls and claiming my costs. :)

 

As stated in previous letter I have recorded these calls and am sure the Judge will be impressed by the total lack of respect for the legislation and also the manner at wish you staff treat customers.

 

I will also be seeking an award for compensation in relation to your breach of CCA request and the fact you have provided information to credit reference agencies in relation to this disputed account.

 

I really think that the best way forward to resolve this matter to both our satisfaction would be for you to-

 

(1) Confirm whether or not you still hold an original signed and executed document at your offices for this account and that it will be available to bring to any court should any type of legal proceedings be commenced in future.

 

(2) Send me a true exact signed copy of this original agreement if you still hold it.

 

(3) Alternatively, if you still maintain you retain the original signed Agreement with all the prescribed terms as laid down in the regulations then I request to be allowed to view this at your offices and that you contact me in writing to arrange a convenient time to view the original agreement.

 

(4)If you would seek a faster resolve the following will be required:

· Full closure of the disputed account,

· A payment of £325 for harassing telephone calls.(Court summons)

· Written confirmation that you have removed the data from the credit reference agencies files in there entirety.

· Written confirmation that you acknowledge that the debt is unenforceable and that no further action will be taken or attempt to transfer this matter to collection services.

· You refund all interest and PPI payment made on the disputed account

· You make a reasonable offer for the breaches and to compensate me for your actions.

 

I am sure that you will agree that doing one of the above could resolve this matter and would also save future court time and costs, which would be in both our interests. I would appreciate your due diligence in this matter and I look forward to hearing from you in writing.

Edited June 30, 2009 by sbfido

[slick132]

Hi SBFido,

 

Keep us posted.

[sbfido]

No update yet have recieved notice from the court that they hve been served - now we wait

[Beck1968]

subbing

[sbfido]

Waiting for thier defense and they have started calls again all recorded

[CAG Dolphin]

Good for you I have to say.

 

I sincerely hope you get a result with your case.

 

I have received the same response to my CCA request and a complete refusal to budge on their part.

 

Incidentally I have also sent a SAR request which failed to produce a copy of any form of agreement.

 

Even "IF" they are correct in their assertion that they do not need to send other than T&C's in response to the CCA request (total rubbish by the way), they surely have to do so in response to a SAR - apparently not according to Barclaycard.

 

Good luck with it all.

[sbfido]

Good for you I have to say.

 

I sincerely hope you get a result with your case.

 

I have received the same response to my CCA request and a complete refusal to budge on their part.

 

Incidentally I have also sent a SAR request which failed to produce a copy of any form of agreement.

 

Even "IF" they are correct in their assertion that they do not need to send other than T&C's in response to the CCA request (total rubbish by the way), they surely have to do so in response to a SAR - apparently not according to Barclaycard.

 

Good luck with it all.

 

 

I am pleased t say that i had a wonderful phone call from thier legal team, after being told that they would not enter in to further correspondance and that they will continue to telephone I managed to get the solicitors direct number - whoops she was not happy they gave it me. But it had the desired affect.

 

The legal clerk phoned me back stating she had requested that all calls stop a few weeks ago and would send the request again - now i am DSAR them i want copies of her emails telling them to stop, if they can't follow thier own legal team advise what hope is there lol.

[sbfido]

BUMP

 

Does anyone have a injunction template and guide - i think issuing an injunction against them passing on info to cra is required.

[slick132]

Sorry but I'm not aware that we have a template for this.

 

The only injunction-related info I've seen recently is here - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/115280-useful-information.html

[sbfido]

More phone calls for the tape recorder ;p

[Sprice63]

subbing

[sbfido]

jUST WAITING FOR DEFENSE FROM THEM NOW. ALTHOUGH THINK THEY KNOWTHEY DROPPED THE BALL AS COULDN'T FOLLOW OWN LEGAL ADVICE NOT TO CONTACT ME LOL.

 

WONDER WHAT THE JUDGE WILL MAKE OF THAT

[sbfido]

UPDATE - Barclays have now submitted defense, we await court date they tried for strike out but i am faster than that lol.

 

After putting the documents together i also noticed they has sent two credit agreements in repsect of my account. Both unsigned. They were sent 3 weeks apart by the same person however - they are not the same agreement. So which one do they claim to be mine lol )

 

I have added it to my claim - hope they enjoy the wiggle room in court.

 

They continue to make abusive calls that are recorded and the funiest moment was when i was speaking to someone on the phone said hold on and just played back what they just said, they went nuts and hung up lol.

 

Aww shame that lol

Edited September 5, 2009 by sbfido
missing t's lol

[slick132]

Hi SBF,

 

Glad to hear all is under control and that you're having fun with the CALLERS.

 

If they say anything thoroughly incriminating, make sure you keep the recording and let us know.

[sbfido]

Hi SBF,

 

Glad to hear all is under control and that you're having fun with the CALLERS.

 

If they say anything thoroughly incriminating, make sure you keep the recording and let us know.

 

What even the one where they speak to my wife lol

 

I was not inpressed or the one where they said that i would face criminal proceedings - I have saved them all for court.

[sbfido]

Hi SBF,

 

Glad to hear all is under control and that you're having fun with the CALLERS.

 

If they say anything thoroughly incriminating, make sure you keep the recording and let us know.

 

You may also want to have a look at my other thread re lowell and equifax we have court date now -

 

Although a pain in the arse I have a good case now.

[Guest Alison82]

I need to do this!! watching with interest

[sbfido]

I had a really funny phonecall - Told me i was trying to weezle my way out of the debt - after i told him he was being recorded and he then when onto say that it didn't matter cus i cant use it in court anyway lol!

 

I can if the judge requests it lol