theformerdebtor vs Barclaycard **won** now sold to lowell **NO CCA**

[theformerdebtor]

Hi all

I am not sure if this agreement is enforceable. I mean I don't have a clue:rolleyes:. I've tried to sort it out myself but is not really easy. I am not very familiar with all these terms. Any advice is more than welcome.

 

Thanks in advance.

[I've got no money]

The problem is that the CCA is too small

 

You could try either going to the quick reply box, scroll down and click on go advanced and then scroll down and then click on manage attachments and you can then upload to the CAG site server OR you can use something like photobucket

[theformerdebtor]

Thanks for that Ive..

Ill try that

[theformerdebtor]

Sorry I've

Are you talking about that URL thing? Cos if is that, I am not really sure how to do it.

Thanks

[theformerdebtor]

This are actually the copies that they send to reply to my CCA letter.

I have found the original ones which are better.

I will try these.

[theformerdebtor]

Let's see how is this one. Crap:confused:

[theformerdebtor]

next?

 

Still too small

[theformerdebtor]

I've... welcome to my threat, by the way

Is photobucket that website which require subscription?

Thanks

Edited July 19, 2009 by theformerdebtor

[theformerdebtor]

Hi firstship

 

I am in the same situation like you are but, even without an application form. One question I might have please; how did you complain to the Information Commissioners Office. Got a letter or something?

Thanks 'theformerdebtor'.

[the_shadow]

Hi firstship

 

I am in the same situation like you are but, even without an application form. One question I might have please; how did you complain to the Information Commissioners Office. Got a letter or something?

Thanks 'theformerdebtor'.

 

Each complaint needs to be unique so there is no template letter, it has to be about how they have acted with you and each case is different.

 

I find the best way to complain is via there website email template...

 

HERE

 

(Just click on the link under email at the bottom paragraphs of the page)

 

S.

[theformerdebtor]

Thank you 'theshadow'

Ill check the website

[theformerdebtor]

Thanks happy1970 for all u doing here. I might have a question as well please.

 

If u are in dispute with barclaycard and tell them that they have to proof u owe them money and u are ready to go to court with them, do they have the right to take any money from your Barclay debit account without your consent? Isnt this a crime when someone is withdraw the money from your account without your consent or a court order?

 

thanks

[theformerdebtor]

Hi there

 

Can i use a N1 form to take Barclays to court to return the money they paid to Barclaycard without your consent? Any advice welcome.

 

thanks

[sytra]

I believe that Barclaycard can and do take money from other Barclays Accounts to offset any money owed on the BC, and no i dont think it is against the law.

[theformerdebtor]

Thanks sytra. But even like that they have to inform u about taking some money from your account, not just take it .

[PriorityOne]

Thanks sytra. But even like that they have to inform u about taking some money from your account, not just take it .

 

 

I wouldn't rely on this personally. They can take it under the right of set-off. If you think this could happen to you, open up another bank account and transfer your money out immediately.

[slick132]

Hi TFD,

 

You could certainly use Form N1 but are you sure that you have a case against the bank.

 

Can you explain the circumstances in more detail.

 

I assume you know that banks have, and use, the "Right to Set Off" enabling them to raid your current a/c or savings to settle an amount due on another card or loan a/c.

 

There are circumstances where they should NOT do this, particularly where you have pre-warned them that a credit into the a/c is to be used for priority debts like rent, mortgage.

 

You can warn the bank that money being credited to your a/c is required for specific purposes using the "Right of Appropriation" letter. See here - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/36790-bank-taking-your-benefits.html#post289030

 

[slick132]

Hi TFD,

 

I've moved your other posts and replies from Happy1970's thread which hasn't been used for 2 years.

 

Use this thread for your case from now on.

[theformerdebtor]

Thanks for your reply slick. I should start my case from the begining now.

 

I sent all the letters to get hold of my contract but like nealy all of us here, without success so, i sent SAR letter with the 10£ payment.

 

Received it about 3 months ago but like i was expected without any contract. Since then i received all kinds of thretening letters from all debt companies including Barclaycard, all of them saying at the end they will take me to court, one of the letter saying that they will accept any deal and even less money that they said i owe to them.

I was waiting for the day they will take me to court and instead of starting any court actions Barclaycard started to withdraw money from my account.

 

I called Barclays and ask them how they can pay money to someone without my consent even is Barclaycard. As far as i know Barclaycard have to send u a letter to make u aware that "in such date we will withdraw this amount from your debit account, please make sure there are available funds". They just took the money that was designated to my rent and some of my bills.

 

Should i take miself Barclaycard to court?

Any advice will be appreciated.

 

Thanks

[slick132]

Hi TFD,

 

Sorry but I think you'd be foolish to try taking BC to court about this.

 

The BC T&C's state clearly that they reserve the right to take money owing on the BC a/c from any other Barclays a/c that you have. Many others have been caught out by this.

 

The only way to avoid it happening again is to have a bank a/c that is NOT in the Barclays group, as suggested above.

[theformerdebtor]

Hi TFD,

 

Sorry but I think you'd be foolish to try taking BC to court about this.

 

The BC T&C's state clearly that they reserve the right to take money owing on the BC a/c from any other Barclays a/c that you have. Many others have been caught out by this.

 

The only way to avoid it happening again is to have a bank a/c that is NOT in the Barclays group, as suggested above.

 

 

Thank you very much for your response slick132.

 

The thing is, u said is stated in the BC T&C's. How they can apply this if we dont have a CCA, or they refuse to produce one, if we have. The reason to take them to court for is that i sent SAR and there is no agreement. They dont have one or refuse to produce it.

 

Thats why i asked:

should i take them to court for not having a CCA but chasing a debt and ask them to write it off

 

or

 

having the CCA but not producing under SAR which obviously they breaking the law.

 

Upon checking my credit report this supposed debt was recorded. So i have a bad credit because of this now. I dont think another bank will open me a bank a/c at the moment.

 

I am not sure which step to take now.

 

thank you

[slick132]

Hi TFD,

 

If you read other threads here in the BC forum, you'll see how BC deals with CCA requests, SAR's, etc. and how CAGgers deal with BC.

 

Just because they haven't yet sent you a Credit Agreement doesn't mean they don't have one. They are avoiding sending them out by relying on the CCA1974 which says they CAN send out T&C's to satisfy the request.

 

The banks, etc do not send out Credit Agreements in response to a SAR. You say they are "obviously breaking the law" but I think you're wrong.

 

There are ways to fight this, but going to court the way you suggest is not likely to get you what you want.

 

Spend more time reading threads here and you'll learn what others are doing.

 

In particular, you'll see that many complaints are being sent to the FOS re failure to supply the Credit Agreement in response to a CCA request. Although the FOS are generally slow, they appear to be getting the result CAGgers want - ie getting sight of the agreement.

 

To summarize you have to take the right action against BC depending on what they do, or don't do.

 

CCA Request - If they supply your T&C's, they HAVE complied with their obligations and you may not be entitled to withhold payments. But they have NOT produced an enforceable credit agreement, which they need to get a court judgement against you.

 

You can complain to the FOS and see if they will intervene on your behalf. In the cases we've seen, the Credit Agreement or other document IS produced and you then know if they have an enforceable Credit Agreement.

 

SAR - If they fail to send you the data (excluding the Credit Agreement) you require, and which you know they have, you can take court action to get an order for them to produce documents. See items 18, 19 and 20 in the Bank Templates Library.

 

You can also complain to the Info Comm'rs Office.

[Jameson78]

The banks, etc do not send out Credit Agreements in response to a SAR. You say they are "obviously breaking the law" but I think you're wrong.

 

I thought a SAR is a formal request to supply one with ALL data held. Which includes:

 

"The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened."

[slick132]

Yes, the SAR is a request for all data held concerning an individual.

 

I think the reason, that production of the credit agreement is not enforced as part of the SAR scenario, is because this is specifically covered by other legislation, namely CCA 1974.

 

I've asked the same question myself because it made sense to me that the SAR should get sight of the agreement. But I was informed that it just doesn't work that way.

[theformerdebtor]

I thought a SAR is a formal request to supply one with ALL data held. Which includes:

 

"The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened."

 

 

I thought the same.

Thanks for reading my thread James. I will send a complain to the FOS and see if they will intervene on my behalf. Il keep u posted guys.

 

Thanks guys.

Edited December 1, 2009 by theformerdebtor