IceBlue v Barclaycard Visa

[IceBlue]

Hi all.

 

Sent BC a CCA request and just received a letter stating my current limit, balance and payment due.

 

Have also sent what looks like a photocopy of Terms & Conditions for 'January to December 2000 Classic/Gold/Platinum/Student Card'.

 

Nothing has my name, or date, or signature. In fact its probably what dozens on here have received before.

 

So my next step to send them an Account in Default Letter?

[slick132]

Hi IceBlue,

 

Yes, send them a letter confirming they haven't replied properly and the a/c is now in dispute.

 

You'll find useful letters here - http://www.consumeractiongroup.co.uk/forum/barclaycard/167584-barclaycard-no-cca.html

 

Read up on the CPR strategy in link No2 in my signature below.

 

[IceBlue]

Thanks for link Slick.

 

Sending letters tomorrow. Will post any updates.

[dx100uk]

typical responce from barclays , they never do feel they have to comply fully to a cca request.

 

just read a few threads here

 

dx

[firstship]

Barclaycard are by far and away the most difficult to deal with,if you read other threads you will find the CCA response will end up with" unless you can put forward a good legal case do not bother us again with CCA matters we have complied with the act" Try SAR,you will get statements but you will have to fight for the signed agreement and copies of any Default Notices.Im having the same problem with BC WISH YOU THE BEST OF LUCK,......FIRSTSHIP

[IceBlue]

Just curious.

 

If you send Barclaycard a CCA request and they do no reply with one. You then send Account in Dispute Letter and stop paying.

 

Trying to figure out why we would continue to try and get a copy of our agreement. Surely seeing as we have stopped paying and Account is in Dispute, it is up to Barclaycard to produce one.

 

Or am I missing something?

[slick132]

The trouble is that BC :-

 

1. Will not send you the credit agreement.

 

2. Do not agree that the a/c is in dispute, so they....

 

3. Will continue to press for pay't, issue Defaults and pass the a/c to Mercers, Calders, RMA or any other DCA's they fancy.

[workaholic duck]

I'm having the same problem. 2 letters now using CPR angle and still they come back with '...under CCA1974 we have fulfilled request...a/c not in dispute...' etc....content of letters are just ignored/not read properly.

Guess it's court action next.

[IceBlue]

Am wondering if anyone has tried just ignoring BC, after using the CCA & CPR approach and getting nowhere.

 

Surely if they want payments to resume its up to them to confirm they have a signed agreement.

 

Can we not just sit tight and ignore their letters and consequent DCA letters as BC ignored ours?

[slick132]

Sure, that's an option but you run the risk of a DN or a court claim against you resulting in a CCJ.

 

However, to get that, they need to produce your credit agreement !!

[Winston44]

slick, you say "However, to get that, they need to produce your credit agreement !! ", so basically if they dont have the origional signed agreement, then they can not take you to court, is that right?

 

sorry this is my first post, been a lurker for quite a while now, but extreamly interested in this

Edited July 22, 2009 by Winston44

[dx100uk]

cannot should that not read.......

or would be rather stupid to.

 

it doesn't make the debt go away just because there is no enforceable cca, it means they cannot enforce it until one appears.

 

it does allow you to offer a very small F&F to p'haps closed the matter.

 

dx

[Winston44]

have now added "not" to the above question, thanks for pointing that out:-)

[slick132]

Hi Winston and welcome to CAG.

 

Many banks or their "legal reps" have taken cases to court but drop the proceedings if you defend properly and they don't have an agreement.

 

Feel free to start your own thread to discuss this further.