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    • Hello   I agree with dx100uk.   Send them a CCA request which is a request for them to produce the original agreement that gives rise to the debt.  They have a limited amount of time (I think around fifteen days) to send you the document.   Here are the possible follow-ons from that:   1. They don't respond within 15 days and so you are legally entitled to stop paying until they do send a response. 2. They send a letter saying they have gone back to the original creditor to ask for the document and they need more time.  You (legally) stop paying after fifteen days and don't pay them again until they send proof. (This is the most likely first response as they wont have any of your documentation as they bought your debt as part of 1000 others on a spreadsheet on a CD ROM or USB stick). 3. They send you something that looks like a contract or which might be something else that they want you to think is the contract within the time frame.   After either of the above  whatever they send you should be referred back here for an assessment as they will often send you unsigned documents or made up bits of nonsense.  Even if the contract turns out to be the genuine one it still might not be enforceable due to errors made by the creditor at the time of signing.   The only potential downside to the above is that they could try to damage your credit record but probably it is as much damaged as it can be by this debt already so nothing else they can do will make it worse.   Following on from the above you can continue to not pay them.  I would setup an on-line savings account and pay yourself the money instead which has the advantage of creating a resource in case you need to resume payments in the future.   They may send you further letters either inducing you to resume payments by threat or by offering you a deal.  If the document is not valid then the only deal you need to take is the one you unilaterally entered into at T plus 15 days when you agreed with yourself not to pay them another penny.   It is not impossible that they will send you a letter saying the debt is unenforceable (miraculously I have actually seen one!) and asking you to pay anyway which you will of course ignore as you should not be giving any member of this low life industry any encouragement.  
    • I agree and I've no doubt that will happen in the future, but if a court claim is issued and a ccj successfully registered against the debtor then it will never be sb anyway, so are we more likely to see more court claims in the future ?      Can it not work both way though, if the sb date is ultimately aligned to the date of the default notice, essentially giving the creditor 6 years to collect or issue a court claim then regardless of when the debt was last acknowledged / payment made, a debtor could just tell the creditor to eff off after the 6 years is up, figuratively speaking     
    • Received acknowledgement of defence submission from court. VCS now have the option of continuing their claim or not. Watch this space !!!!
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EOS-5D

Barclaycard Cca Problems!!

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Hello Again,

 

I sent the lovely people at Barclaycard a CCA request to which they sent back just a copy of their terms and conditions on the 15th working day after my request. I sent them a letter saying that due to the lack of a signed agreement and the also their failure to fully comply within the 14 working day time limit that they were in default and that my account was officially in dispute.

 

This morning I received the attached letter back from them saying that THEY HAVE complied with my request and I AM in default.

 

Could someone please take a look at the letter and advise me whatto do next.

 

Thankyou so much in advance

BARCLAYCARD RESPONSE.PDF


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Hi EOS,

 

Have a read through other threads here in the BC forum. You see what others are doing with BC and their refusal to send out credit agreements.

 

Also, have a look at the CPR strategy at Link No2 in my signature below.

 

:)


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OK.

 

Further to the above, I have sent Barclaycard a letter (from the forum) saying that as I only received t&c's but NO executed agreement, they have FAILED to meet my CCA request.

 

This morning I got a reply back from them (attached below) saying that they HAVE complied with my request.

 

Could someone please guide me as what to do next as I'm really in the dark now.

 

Cheers

 

E5D

Barclaycardccaresponse2.PDF

Edited by EOS-5D

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You have 2 options:

 

Either use 'link 2' in slicks signature above and go the cpr route or you can send a Subject access request and threaten Court action when they dont send your CCA in with the SAR

 

Barclaycard will not send you a copy of the cca under a normal s77/78 cca request.

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Hi EOS,

 

You could stop paying the a/c on the basis that you consider them to be in default of your CCA request. They'll start to harass you pretty quickly, but that tends to die down after a while.

 

Or you could pursue the CPR strategy using the 1st two letters. This is still in it's early days and we have yet to see how effective this is in getting sight of the agreement.

 

If they decide to take you to court (which is probably still a long way off), they'll have to produce a valid agreement to the court.


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