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Help, I'm Lost with these credit card Companies


Charlick
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Hi everyone, I have had terrible news today, I have been reading these forums for months now following all the advise. I have asked Barclaycad for 5 months tosend me my agreement via the cca and een tried the cpr31.16. 3 weeks ago I asked the county courts to order them to send me a copy they gave me a hearing date for the 8th Sept 2009. Last week I recieved a letter from BC solicitors asking me to give hem more time as they have just taken on the case, so I agreed. I then contacted the Community Legal Service Diect who put me through to one of their solicitors who advised me of the following. The law was changed in 2008, The creditor no longer has to supply you with a copy of your agreement containing your signature but only a true copy. They do not even have to hold a copy of your agreement. If you go to court to ask the judge to order them to give you a copy containing your signature you might not get it. Even if they do not hold one they will still enforece the debt. Even if they give you your signed copy which they won't they will still enforce the debt. I said so what you are saying is the fact that I took out my BC in 2002 makes no difference as the new laws enforced in 2008 override the cca 1974, Her reply was YES. So all you people trying to obtain a signed copy of you agreement better seek legal advise before you get into the mess I have now.:x:-x:-x:-x:-x

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Charlick...with all respect (as I can see you are new here and have posted just twice). That so called advice is utter cobblers.

 

The CCA 1974 plus its SI is quite precise - the debtor has to have signed an original agreement which contains the prescribed terms as shown under S61-63 of the CCA. It has to have been countersigned by the creditor. It also has to be legible. If they do not have this it is game over.

 

This is backed up by strong case law and High Court precendents.

 

The update to the CCA in 2006 does not apply to agreements signed before that date. Even if it was signed after that you still have to have a properly executed agreement.

 

Whilst it is correct when you ask a creditor for a true copy it does not have to be a signed copy but must be an exact copy in every material respect. If it goes to court they will HAVE to supply a signed copy and the original.

 

Please research these forums and get your facts right. Many of the people on here are legally trained or consult with lawyers and barristers.

 

Do you really think so many people would have successfully initiated or defended claims if the scenario you are suggesting is in any way correct?

 

Do you really think these banks and credit card companiesand the odious DCAs would throw everything they have at individuals taking them on, from hiring expensive barristers to fighting costly legal battles?

 

In any event these cases are complex and involve many other aspects of the law and if a case can fail on one point it often succeeds on another.

 

Or has Barclaycard or a DCA asked you to come on here and post such errant nonsense?

Edited by Rhia
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Hi everyone, I have had terrible news today, I have been reading these forums for months now following all the advise. I have asked Barclaycad for 5 months tosend me my agreement via the cca and een tried the cpr31.16. 3 weeks ago That was a mistake, in my opinion.... I asked the county courts to order them to send me a copy they gave me a hearing date for the 8th Sept 2009. It's unfortunate that you didn't just leave things alone instead of pushing things.... Last week I recieved a letter from BC solicitors asking me to give hem more time as they have just taken on the case, so I agreed. I then contacted the Community Legal Service Diect who put me through to one of their solicitors who advised me of the following. Their solicitors are obviously not educated in CCA law. If they were, they would have been able to tell you that the new legislation is not retrospective. The law was changed in 2008, The creditor no longer has to supply you with a copy of your agreement containing your signature but only a true copy. The creditor needs to provide a signed copy in court to re-enforce the debt and that's the key here. They do not even have to hold a copy of your agreement. If you go to court to ask the judge to order them to give you a copy containing your signature you might not get it. Even if they do not hold one they will still enforece the debt. Only if you get a cack judge or don't defend the action. Even if they give you your signed copy which they won't they will still enforce the debt. I said so what you are saying is the fact that I took out my BC in 2002 makes no difference as the new laws enforced in 2008 override the cca 1974, Her reply was YES. Then she's an incompetent ass.... So all you people trying to obtain a signed copy of you agreement better seek legal advise before you get into the mess I have now.:x:-x:-x:-x:-x

 

Unfortunately, the legal advise you were given was complete rubbish. Having said that, if anyone decides to instigate legal action in the hope of pushing a creditor to produce their Agreement, I would advise them to stop and ask themselves "What for?"... before going any further. Not only can this be a dangerous game to play in terms of costs, but why on earth would you want a creditor to find it in the first place?!

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Dear Rhia, Sorry I am only telly you what the solicitor from Morgan Solicitors told me today. I am sorry if it upset you but how do you think I feel after 5 months of torment forom BC and Mercers. Once again I appoligies for posting what I was informed of today.

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Dear Rhia, Sorry I am only telly you what the solicitor from Morgan Solicitors told me today. I am sorry if it upset you but how do you think I feel after 5 months of torment forom BC and Mercers. Once again I appoligies for posting what I was informed of today.

 

 

You're not the first to be given cack advice by a solicitor and I'm sorry you've had such a raw deal. If you'd been able to start a thread on your case before it went as far as court, then we could have helped you through it/advised against it, etc....

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Hi I wanted to share this information with you all to see if anyone can help me. I started my case with Barclaycard and Vanquis Card back in Feb 2009. I wrote to both companies asking them to please forward a copy of the credit agreement they hold containing my signature along with the t&c that where relevant at the time of signing, all I ever got for 3 onths and 12 requests later where blank copies of a credit agreement and a letter stating they do not have to supply me with the original copy, Only a true copy. I wrote to them again advising them that until I get the information I was requesting this account will remain in dispute using a copy of a letter I obtained from this site. They replied by stating that they had fufilled their obligation under sec 77/78 of the cca 1974 and as far as they where concerned the account is not in dispute. I then sent them a letter obtained from here about the cpr 31.16 and they ignored it so I sent another and another and another, after recieving 4 copies they decided to put the debt into the hands of Mercers which I believe is their inhouse debt collectors. After several weeks I applied to reigate county court using the court papers on this site which has now been issued 3 weeks ago. They then got their solicitors Lovells to write to me asking for a re schedule as they didnt have enought time to prepare a case, so I phoned them and was advised to seek legal advise under the cca 2008. So I rang the Community Legal services who put me through to one of their solicitors who advised me that the law had now changed and they do not have to even hold an agreement containing my signature let alone produce one. She also informed me that the CCA 2008 overides the CCA 1974 to stop people from writing debts off just because they didnt have a signed agreement. I find this all astonishing and would like some ones advice what to do next. Umongst all thats going on I still get BC & Vanquise along with Mercers and 1st Credit calling me 10 to 12 times aday upto 8pm at night. I have now reported them to the OFT as they all ignored the letters I sent them 2 months ago asking them to stop. Please, Please help as I am now pulling my hair out.:-x

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charlick, if you want to start your own thread up, then I will get your posts moved over and you can receive advice tailored to your situation. :)

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Err! Morgan Solicitors. In Rugby? Surely not, these are Cabot the debt collector's inhouse solicitors.

 

If so they would tell you that nonsense.

 

Sorry to jump at you Charlick but we do get mischief makers on here. I think you had better start a thread and tell us your story. So far you have just mentioned Barclaycard and Mercer. Has your debt been sold to Cabot?

 

Start a thread and post the Link on here and we can see what's going on and not hijack this thread.

 

Ah CitizenB we were cross typing!

Edited by Rhia
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Err! Morgan Solicitors. In Rugby? Surely not, these are Cabot the debt collector's inhouse solicitors.

 

If so they would tell you that nonsense.

 

Sorry to jump at you Charlick but we do get mischief makers on here. I think you had better start a thread and tell us your story. So far you have just mentioned Barclaycard and Mercer. Has your debt been sold to Cabot?

 

 

Wouldn't be surprised.... my Barclays/Mercers saga was eventually farmed out to Cabot....

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Err! Morgan Solicitors. In Rugby? Surely not, these are Cabot the debt collector's inhouse solicitors.

 

If so they would tell you that nonsense.

 

Sorry to jump at you Charlick but we do get mischief makers on here. I think you had better start a thread and tell us your story. So far you have just mentioned Barclaycard and Mercer. Has your debt been sold to Cabot?

 

Start a thread and post the Link on here and we can see what's going on and not hijack this thread.

 

Ah CitizenB we were cross typing!

 

 

:D Your post says it much better though, Rhia. I didnt know that about Morgan's.. one to squirrel away for future use.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi Charlick - welcome to CAG

 

Think you may be in the wrong forum here - easy to do as a newbie. I've asked a mod. to move your post to somewhere where you will get the help you need. :)

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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I will have the thread moved to the Dbt collection forums.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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hi FG

 

Did not notice u had posted till after i hit the triangle and sent. Sorry Mods my fault should have looked b4 asking u to move thread.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Great minds GM - completely forgotten the rest of the saying :D

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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lol think alike.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Was thinking of the next bit actually :p

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Hi I wanted to share this information with you all to see if anyone can help me. I started my case with Barclaycard and Vanquis Card back in Feb 2009. I wrote to both companies asking them to please forward a copy of the credit agreement they hold containing my signature along with the t&c that where relevant at the time of signing, all I ever got for 3 onths and 12 requests later where blank copies of a credit agreement and a letter stating they do not have to supply me with the original copy, Only a true copy. I wrote to them again advising them that until I get the information I was requesting this account will remain in dispute using a copy of a letter I obtained from this site. They replied by stating that they had fufilled their obligation under sec 77/78 of the cca 1974 and as far as they where concerned the account is not in dispute. I then sent them a letter obtained from here about the cpr 31.16 and they ignored it so I sent another and another and another, after recieving 4 copies they decided to put the debt into the hands of Mercers which I believe is their inhouse debt collectors. After several weeks I applied to reigate county court using the court papers on this site which has now been issued 3 weeks ago. They then got their solicitors Lovells to write to me asking for a re schedule as they didnt have enought time to prepare a case, so I phoned them and was advised to seek legal advise under the cca 2008. So I rang the Community Legal services who put me through to one of their solicitors who advised me that the law had now changed and they do not have to even hold an agreement containing my signature let alone produce one. She also informed me that the CCA 2008 overides the CCA 1974 to stop people from writing debts off just because they didnt have a signed agreement. I find this all astonishing and would like some ones advice what to do next. Umongst all thats going on I still get BC & Vanquise along with Mercers and 1st Credit calling me 10 to 12 times aday upto 8pm at night. I have now reported them to the OFT as they all ignored the letters I sent them 2 months ago asking them to stop. Please, Please help as I am now pulling my hair out.:-x

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Moved - and renamed to something less controversial ;)

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

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So I rang the Community Legal services who put me through to one of their solicitors who advised me that the law had now changed and they do not have to even hold an agreement containing my signature let alone produce one. She also informed me that the CCA 2008 overides the CCA 1974 to stop people from writing debts off just because they didnt have a signed agreement.

I don't think consumer law is her speciality

 

Any agreement prior to April 6th 2007 must include all the prescribed terms within the four corners of the document. CCA 2008 is not retrospective, if it were this site along with all the other consumer sites wouldn't exist would it?

 

Maybe she should brush up on the Consumer Credit Acts & Amendments before she advises anyone else.

 

See; http://www.mcgrigors.com/pdfdocs/Consumer%20Credit%20Act%202006.pdf

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Hi Charlick,

 

I've moved your posts and the replies to you about CCA response advice, to your own thread to avoid further hijack of Sunflower's thread. Feel free to continue the discussion here.

 

:)

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As your BC a/c was opened on 2002, you are unaffected by the later legislation which applies to a/c's opened in the last 2 years only.

 

This "advice" which you were given - I assume it was only verbal and that nothing was put in writing to this effect. If this is so, you should complain to Community Legal Service Direct, that you were given duff advice, probably because the sol'rs happen to act on behalf of a DCA.

 

If you want to pursue your court action to get sight of the Credit Agreement, don't be fobbed off by BC's delaying tactics. They're playing for time and you shouldn't agree to any delays.

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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