SAB takes on Barclaycard (old MS account) - failure to comply with CPR31.16 request

[stroke a badger]

Like many others I have been trying to, and with out much success obtain a copy of the credit agreement which relates to my Morgan Stanley credit card account that which is now managed by Barclaycard. My battle began in 2007 when I requested a copy of the credit agreement from Morgan Stanley who did eventually comply with my request but only managed to rustle up a set of illegible MS T&C's, application for a Goldfish Card, Account Information Statement and a Credit Agreement and digital statement. The last one is again for a Goldfish account which is funny as my account was opened during the days of Morgan Stanley so god only knows what they were playing at.

 

 

 

Look carefully at the bottom right hand corner, it seems somebody needs a lesson in the art of cut and paste!

 

I challenged the validity of the documents with Morgan Stanley as they had failed to provided a document that contained all of the prescribed terms including my signature, but was getting nowhere so being less knowledgeable than i am now and not having the time to take my dispute further I admitted defeat and left it at that.

 

At the start of this year I was made redundant so having a bit of time on my hands I decided to resurrect my beef with Barclays. The sequence of events is the same as everybody else, I requested a copy of credit agreement under s78 of the CCA but Barclays provided a copy of their most recent T&C's and a statement of account. As this was getting me nowhere fast I then requested a copy of the agreement citing CPR 31.16. They replied by sending a blank agreement with my personal details on it and a copy of the most recent T&C's. Barclays seem to think that they complied with my request under CPR 31.16 eventhou their most recent letter states my request under CCA and they are now referring to Cancellations Notices an Copies of Documents Regulations act 1983. This SCREAMS, we do not have an enforceable agreement but not going to admit it.

 

 

 

 

I now find myself in the position where I could either close the book on this and ignore the fact that Barclays more than likely do not have an enforceable credit agreement or commence litigation against them. After reading smt37's inspirational thread and pt2537's iconic sticky on Civil Procedure Rules I think the only way forward here is to take this to court.

 

Work will start on my POC tomorrow.

[I've got no money]

I am a bit confused - have you sent them a CPR 31.16 request - their response only seems to relate to S78

 

If you haven't sent a CPR 31.16 letter then you need to do that before you do anything else

[stroke a badger]

Initially I requested a copy of the agreement under s78 of CCA, then some months later i sent a request under CPR 31.16. In the last letter received from Barclaycard they incorrectly refer to my request under s78 of the CCA when it should be CPR31.16.

 

It is almost like Barclaycard have ignored my CPR31.16 request. Of course I'm not suggesting that they would ever dream of doing such a thing.

 

Hope that makes sense

[I've got no money]

Initially I requested a copy of the agreement under s78 of CCA, then some months later i sent a request under CPR 31.16. In the last letter received from Barclaycard they incorrectly refer to my request under s78 of the CCA when it should be CPR31.16.

 

It is almost like Barclaycard have ignored my CPR31.16 request. Of course I'm not suggesting that they would ever dream of doing such a thing.

 

Hope that makes sense

 

Yes it does...

[stroke a badger]

Barclaycard have as far as they are concerned complied with my request under s78 for the CCA and know nothing of my request under CPR31.14. I have tried to explain the difference between 31.14 and 31.16 but they are saying that there is no such thing as CPR31.16 andI should seek guidance from a legal professional before contacting them again.

 

Come on what planet are they from. I am not, nor have i ever claimed to be an expert in Consumer law but i do know the difference between the two acts in question.

 

It is obvious that the only option available to me now is to commence litigation. Bugger

[the_shadow]

Barclaycard have as far as they are concerned complied with my request under s78 for the CCA and know nothing of my request under CPR31.14. I have tried to explain the difference between 31.14 and 31.16 but they are saying that there is no such thing as CPR31.16 andI should seek guidance from a legal professional before contacting them again.

 

Come on what planet are they from. I am not, nor have i ever claimed to be an expert in Consumer law but i do know the difference between the two acts in question.

 

It is obvious that the only option available to me now is to commence litigation. Bugger

 

I'm a couple of months down the line with this and in court next month for a 2 hour hearing with the solicitors/barrister that Barclays have appointed.

 

S.

[stroke a badger]

Shadow,

 

I'm drafting my POC at the moment but seem to be getting nowhere. If you don't mind me asking would I be able to see what you have used, naturally mine will be reworded to suit my claim.

 

Cheers.

[the_shadow]

Shadow,

 

I'm drafting my POC at the moment but seem to be getting nowhere. If you don't mind me asking would I be able to see what you have used, naturally mine will be reworded to suit my claim.

 

Cheers.

 

The details are all on pt2537's thread, I just cut & paste the stuff from there onto the N244 application and added the sections that Barclaysharks had breached.

 

I wouldnt recommend deviating from pt's thread at all due to the costs nature of this application.

 

S.

[stroke a badger]

That is a very good point. For some reason I had completely forgotten about PT's amazing thread.

[pt2537]

Just a heads up

 

Make sure you check the Preaction protocols when you are drafting your witness statement, as you need to outline the breaches of the protocol and they do get updated from time to time as i state on the htread so its important that you identify the breach and set ti out in the statement which paragraphs that have been broken