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Barclaycard V jando


jando4real
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I received my barclays card tc and i am preparing to write them another letter but i am confused on how to go ahead. I used the s78 and i have read on the site that s78 might not produce the desire results. should i continue and write them a dispute letter following the s78 i have written and write another letter using the format of pt2357.

 

2. I have recently got some charges back on my wife's credit card, i am wondering if i can request for her agreement too with a view of challenging it or accepting the charges can damage my chance of winning.?

 

3. i had a Vanquis card which i have recently paid off and cancel. can i still challenge this by requesting for the agreement too?

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Hi Jando,

 

1. Start with the CCA request anyway but, when BC fail to send your agreement, use the CPR strategy. You should, however, only do this if you intend to pursue the matter to court.

 

2. Reclaiming Charges does not affect the enforceability of the a/c.

 

3. If the a/c is paid off, there is no point in challenging the a/c's enforceability. However, if there were any penalty charges, you can reclaim these in full.

 

Start a thread for each separate case so they don't get confused and use this thread just for the BC case. :)

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  • 2 weeks later...

Use the Northampton address for the letter.

 

But, if you have to take court action against BC, see this first - http://www.consumeractiongroup.co.uk/forum/barclaycard/173450-use-right-name-when.html

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  • 3 weeks later...

I received this letter from Barclays card.

 

cprreply1.jpg

 

 

cprreply2.jpg

 

ccareply3.jpg

 

 

 

Having started the request using the s78 consumer credit Act 1974, do i continue the request sending them the 2nd CPR strategy letter or start all over again with a new CCA request using the CPR strategy. I am wondering if this might confuse them mixing the two strategies.

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Hi Jando,

 

I assume this a/c is still active with a balance owing to BC.

 

As they've now replied to your CCA request and not supplied the agreement, you can send an "A/c In Dispute" letter. Adapt and use this - http://www.consumeractiongroup.co.uk/forum/barclaycard/167584-barclaycard-no-cca.html#post1821561 There are other good letters to use on that thread.

 

You could now stop paying, if you haven't done already. But BC will say they've fulfilled their obligations, the a/c is not in dispute and they're entitled to harass you for payment.

 

It's up to you if you now want to seek the agreement using the CPR 31.16 strategy. Only start this if you're prepared to follow through with court action.

 

Alternatively, let BC and their DCA arms do the litigating and then defend if nec'y.

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Thank you slick132,

I have sent them a dispute letter and the above reply is what i got from them. Do i send another one or wait for thier action or go to CPR straight, i am determine to go all the way to the court but i want to make sure i am doing the right thing so as not to look stupid infront of a judge and i will like to be seen that i have given them enough opportunity to answer to my request. Thanks for your help.

cheers

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Right, if you've already sent the CCA request and sent an "In Dispute" letter, you can really do no more on this route.

 

So next is the CPR route, letters 1 and then 2.

 

Please read the CPR thread carefully so you understand the risks involved concerning costs.

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No, there's no fee to pay.

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For the CPR letters, you can use their official name and address - http://www.consumeractiongroup.co.uk/forum/barclaycard/173450-use-right-name-when.html

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  • 1 month later...

I got this reply from barclays and my first letter from Mercers.

 

" I write further to your recent letter alleging that we have failed to comply with our obiligation in relation to your request for documents pursuant to section 78 of the consumer credit act.

 

Please note that we have already set out, in details, why we are satisfied that the documents already provided to you have discharged our obligation under the act. We are under no legal obligation to provide any further documentation to you in this regard.

 

We note your refrence to the civil procedure rules(the CPR). We have provided you with sufficient information to allow you to understand our position. The CPR does not confer an automatic entitlement to documents before proceedings start. CPR 31.16 provides that a party may apply to the court for pre-action disclosure in certain limited circumstances, which do not apply here. The application must be supported by evidence- and then usual order is for the applicant to pay the costs of the application, including the respondent's costs, together with the respondent's costs of complying with any order that is made as a result (CPR 48.1(2)).

 

Your's

 

Barclays.

 

 

Do i fill the N1 at this stage or send them another letter?

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If you've not yet sent letter 2 from the CPR thread, do so now giving them 21 days to respond.

 

If you have already sent letters 1 and 2 , the next step is to make an Application to court using N244.

 

:)

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  • 1 month later...

I need advise on which letter to send to bloody, annoying, edit Mercers. I thought they wont get to me with thier calls but i am irritated now. they call me 10times a day. called early this morning just as i was sleeping after a 14hrs shift. I need a letter to send to them before i am done for GBH on the phone.

Edited by slick132
language, please
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Hi Jando,

 

Have you made an N244 Application yet.

 

If not and you want to try another route, try a complaint to the FOS. It may be slower but is less costly and carries no risk, apart from maybe not working.

 

See here - http://www.consumeractiongroup.co.uk/forum/barclaycard/231901-tony3x-barclaycard.html#post2575342

 

This call screening recorder is proving to be very useful in reduce and/or stopping nuisance calls - The Consumer Forums - Telephone Recorders reviews.

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Calling you like that is against CPUTR2008 in line with the OFT's guidelines on debt collection -

 

f. contacting debtors at unreasonable times

g. ignoring or disregarding debtors' legitimate wishes in respect

of when and where to contact them, for example, shift workers who

ask not to be telephoned during certain times of the day

 

 

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And calling you 10 times a day is pure harrassment - send this letter recorded, make sure you write down the exact times and dates they call you also.

 

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 CPUTR2008 in line with the OFT's guidelines on debt collection, 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]

.

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