Barclaycard Credit Agreement Request - where do I go from here

[JillMelvin]

HI can anybody help, I have been trawling through the site and seem to be getting conflicting information about the next stage in querying my account with Barclaycard. I have send the first request letter - see below

 

Dear Sir/Madam,

Re: Account Number XXXX XXXX XXXX XXXX

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

Yours faithfully

 

I have received back 2 letters the first enclosing a copy of the 1996 Barclaycard T/C and the second one enclosing a newer version of the Terms and Conditions.

 

WHERE do I go from here, is the account now in dispute or do I have to write back and say that they haven't send the signed credit agreement so it is in dispute - Help I'm Confused!!!

[roygoodbeat]

This is the standard Barclaycard reply. Look at the other treads and these will give you an idea of what to do next.

[JillMelvin]

Thanks for your quick reply, but that is where I am a little confused, should I now issue the dispute letter or wait until I am contacted by someone like mercers?

[slick132]

Hi JM and welcome to CAG,

 

BC are not sending out credit agreements in response to CCA requests. You'll have to read as many threads here as you can, to see what others are doing.

 

Read about the CPR strategy at Link No2 in my signature below.

 

When did you send the CCA request.

 

You can tell BC the a/c is in dispute but they won't accept this, and will continue to try and collect monies they say are still due.

[JillMelvin]

Hi Slick, thanks for your reply - I have been ill so unable to get back to you yet. I am going to send the dispute letter today at least this will help my case to stop any further interest being added. I sent my CCA request on the 24th July. However I am very worried about continuing with this as I have just received a letter from Barclaycard advising me that they have 'carried out our legal right to set off the outstanding arrears owing on your Barclaycard account against th credit balance in your Barclays account. Have you heard of this before, it is very worrying as I have my personal account and joint account with Barclays, can they just take the money from me. (luckly i was overdrawn so they have deducted the amount but paid it straight back in again - I assume they can't put you more on your overdraft). I am beginning to think I should just pay the bill - any thoughts!

[slick132]

Hi JM.

 

The banks have the Right to Set-Off monies due in this way. You should consider opening another bank a/c (NOT with Barclays) asap because, as soon as you deposit any money into the bank a/c, Barclays will send it to BC even if this leaves you penniless.

 

As regards leaving you overdrawn or increasing your overdraft, we have seen this done even where the o/d is unauthorised !!

 

So get working on a parachute a/c quickly.

Edited September 7, 2009 by slick132
typo

[JillMelvin]

Thanks, I have started getting another account open (have decided to send the CPR letter now as this should get me the copy of the credit agreement) - thanks

[tommyd82]

Hi,

 

Ive just started a thread about my Barclaycard / Goldfish experience, if you wish to have a look, go to this thread:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/225859-goldfish-barclaycard-advice-please.html

I have written to Barclaycard twice now and not got the CCA, I have posted copies of what I have sent to them and what they have sent to me so you can have a read.

 

Any advise much appreciated.

[slick132]

BC will not send you the credit agreement in response to a CCA request.

 

Nor will they send it in response to CPR letters 1 and 2. You wil have to file an Application at court to pursue this route properly.

 

But you may have success with a complaint to the FOS. See Bones' thread here - http://www.consumeractiongroup.co.uk/forum/barclaycard/176481-morgan-stanley-barclaycard-6.html#post2489727

 

Looks like Bones agreement is enforceable but legibility remains an issue.