Barclaycard response to cca

[funky_fiddler]

Hi,

 

Just like to say this is a fantastic website!

 

Sent my CCA off to barclaycard only to receive what is a photocopy of the terms and conditions from 1998 no address, signature apr or anything.

 

Any ideas what letter to send next:) they are definately fobbing me off!

 

Many thanks

 

Chloe

[lisdav68]

Hi, I have received the same all I am doing is sitting and waiting for the correct documents. I have been threatened with allsorts. Send them a dispute letter and dont pay anything until they can provide a forcable cca.The dispute letter can be found on this site I have used it but I am not too sure where sorry. Good luck anyway.

 

Lisa

[42man]

FF....cpr 31.16 might be the way to go - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html with THIS Barclays result !! - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/165349-smt37-morgan-stanley-goldfish-3.html#post2119750

[lisdav68]

Hi send them this :

 

Dear Sir/Madam,

 

With reference to my previous letter, I wish to draw you attention to your company's lack of compliance with my legal request.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

 

The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

 

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

 

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

[42man]

Unfortunately they will continue to argue that what they have sent is enforceable... you could edit this letter - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/582-possible-letter-when-a-questionable-agreementapplication-is-sent.html

[42man]

Or this one - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162487-hello-newbie-need-lots-3.html#post1882215

[funky_fiddler]

You lot are brilliant!

 

I'll fire a letter off in the post and let you know what happens.

 

[funky_fiddler]

Hi all,

 

Just after some advice really on what to do about my Barclaycard payment plan don't know if any of you guys might be able to help.

 

Last summer I hit a bad patch as I was waiting to be paid for a load of work I had done (I'm self employed) and had to write to barclaycard to explain this and they put me on a payment plan where I am paying £30 a month but they have dropped the interest rate to really low. I am still paying but looking at my credit file it says 'arrangement' which I know is really bad. So I wrote to them asking to be taken off the arrangement as my circumstances have changed and I've been paid blah blah blah I also rang but found thier overseas customer service centre really difficult to communicate with!- they told me that I couldn't come off the arrangement and had to pay off the full balance- £1000 untill I could start making contractual payments, which has mucked my credit rating up I think.- I was under the impression that it was a short-term arrangement

So do you think I should try again- I have written twice with no response from them- or just leave it and pay it off under the arrangement- I recently sent them a cca request to stir things up a bit so am about to fire off the 2nd letter as what they have sent me isn't enforceable.

My only concern is I might be buying a house with my partner in a couple of years so really don't want any problems with that- I have a mortgage and other credit cards but they are fine- this is a left-over from my stupidity as a student- if only I had a time machine!! Grrrr.:-|

Many thanks

 

Chloe

[Nottsdave]

bump

[funky_fiddler]

Hi everyone,

 

Just wondering if someone could help me. Last summer I had a real cash flow problem as I wasn't paid for some work I had done (I'm self employed) Anyway barclaycard put me on a payment plan which on my experian credit file looks fine- green dots but says arrangement but on my equifax file says AP. I have tried to contact barclaycard to make normal payments again and they are just ignoring me.

 

My question is will this stop my partner and I getting a mortgage-I currently have a mortgage and other card which is fine and no missed payments for years and a credit score of 978.

 

Many thanks for any advice

 

Chloe

[Nagasis]

Jargon Buster

 

Arrangement To Pay

 

A situation where a lender agrees that you can pay less than the repayments legally due, because of a loss of income or ill health. Arrangements to pay are recorded on credit report and will automatically drop off your report once six years have elapsed from the date of account closure. Lenders will not always inform you about the negative impact that such an arrangement will have on your credit report.

Such an arrangement is usually interpreted by a lender that you are having trouble meeting your existing commitments, and are possibly over-indebted. As such, it is regarded as serious arrearsand will have a significant adverse impact while it remains on your credit report

[funky_fiddler]

Hi- just a quick question- I sent a CCA request to barclaycard in may got back terms and conditions- not what I requested but anyway thought I would send them a SAR because I'm going to claim back all the charges and PPI they have taken and as I'm right in thinking they have to provide a signed aggrement with that?? I've got this letter this morning that reads:

 

"I write further to the letter wherby you note a non receipt of requested documents in relation to a request made under section 77/78 of the consumer credit act 1974.

 

I can confirm that the documents required to complete our obligation to you under section 78 of the consumer credit act 1974 were sent to you on 14/05/09"- Hmmmmm:rolleyes:

 

What should my response be as I have sent them a subject access request??- I don't think they have a signed copy atall:p

[funky_fiddler]

Bump

[vint1954]

You could try:

 

xxxxxx 2009.

Dear xxxxxxxxx,

ACCOUNT IN DISPUTE

Re account no xxxxxxxxxxxxxxxxxxxxxxxxxxx

I write regarding recent communication regarding the above account.

Further to my request under the above act, your attention is drawn to the fact that this account is now subject to a serious dispute. On xxxxxxxx, by recorded delivery, I requested that you supply me a copy of the executed credit agreement covering this account pursuant to the Consumer Credit Act 1974 section 78, a copy of this request is enclosed. To date you have failed to comply with my request, instead just sending a copy of your Terms and Conditions. Without production of the said agreement I am unable to assess if I am indeed liable for any alleged debt to you, nor does it give me any chance to evaluate whether any original agreement was ‘properly executed’ as required by the Consumer Credit Act 1974. I have to date only received terms and conditions from yourselves.

Contrary to your assertion, xxxxxxxx have not complied with the terms of CCA 1974 s78. The documents that you have supplied, do not comply with your duties to supply a “True Copy” of any agreement you claim to have been signed by me.

In a recent letter from the enforcement department of the OFT, the text below was quoted, explaining what is required.

“The copy of the executed agreement need not be an exact copy but it must be a ‘true copy’ and not some reconstruction of what the original might have been and it must contain the same terms as the original. Where the terms have been varied as provided for within the agreement, the copy of the original agreement must be accompanied by a document setting out the current terms, as varied. Certain details may be omitted from the original agreement eg the signature but the debtor must be in no doubt as to the true nature of his obligations under the loan.

 

Should no original agreement be in existence it is very hard to say that the copy the creditor offers to the debtor is, in fact, a true copy as there would be no original with which to compare it. In our view the onus of proof would be on the creditor to show that the copy is a true one and where none existed he may have difficulty discharging this. Neither should creditors suggest that a consumer has signed a credit agreement where they are unable to provide evidence to support this — to do so is likely to be a misleading action under Regulation 5 of the Consumer Protection from Unfair Trading Regulations 2008 (the CPRs) and would also constitute an unfair or improper business practice.”

 

I also refer you to the information below.

1. A valid credit agreement must contain certain terms within the signature document (s.60(1)(2) CCA 1974). These core terms are the credit limit, repayment terms and the rate of interest (SI 1983/1553 (6 Signing of agreement) which states that the prescribed terms must be within the signature document. (Column 2 schedule 6). s.61(1)(a) states the agreement must contain all the prescribed terms and be signed by both the debtor and on behalf of the creditor.

 

 

2. Further, s.127(3) CCA 1974 makes the account unenforceable if it is not in the proper form and content or improperly executed.

 

In Wilson and another v Hurstanger Ltd (2007) it was stated “In my judgment the objective of Schedule 6 is to ensure that, as an inflexible condition of enforceability, certain basic minimum terms are included which the parties … and/or the court can identify within the four corners of the agreement. Those minimum provisions combined with the requirement under s.61 that all the terms should be in a single document, and backed up by the provisions of section 127(3), ensure that these core terms are expressly set out in the agreement itself: they cannot be orally agreed; they cannot be found in another document; they cannot be implied; and above all they cannot be in the slightest mis-stated. As a matter of policy, the lender is denied any room for manoeuvre in respect of them. On the other hand, they are basic provisions, and the only question for the court is whether they are, on a true construction, included in the agreement”.

 

2. The need for prescribed terms to be contained in the credit agreement is confirmed by the Author of the CCA1974 act, I quote ““As the draftsman of the Consumer Credit Act 1974 I would like to thank Dr Richard Lawson for his interesting and well-argued article (30 August 2003) on Wilson v First County Trust Ltd [2003] UKHL 40, [2003] 4 All ER 97.

 

Dr Lawson may be interested to know that I included the provision in question (section 127(3)) entirely on my own initiative. It seemed right to me that if the creditor company couldn’t be bothered to ensure that all the prescribed particulars were accurately included in the credit agreement it deserved to find it unenforceable, and that the court should not have power to relieve it from this penalty. Nobody queried this, and it went through Parliament without debate. I’m glad the House of Lords has now vindicated my reasoning and confirmed that nobody’s human rights were infringed.” - 167 Justice of the Peace (2003) 773.”

I am now granting to you a further 7 days to produce a copy of an executable agreement. After that I will consider that the above matter is closed and that you will no longer pursue the alleged debt. If you are insisting that the non enforceable document, that you have supplied, is the only alleged agreement in your possession, then I would suggest that the best course of action would be to immediately set the balance of the above account number to zero.

I look forward to your response.

[funky_fiddler]

That's great- I will maybe add a bit about subject access request and 40 days as I think they are fobbing me off

[funky_fiddler]

Hi,

I have a barclaycard account that is currently marked arrangement to pay on my equifax file- the interest is about 1.5% though I am paying more than my minimum payment- I got in t a bit off a mess one month last year as I wasn't paid for some work ,wrote to them so they put me on a payment plan. I have since tried to tell them I can afford to pay etc but they are not responding and my account still says this- argh.

Anyway, I think I should be able to scrape together enough to pay this off in full in a couple of months- do you think I should try to get them to remove the AP markers??- I'm also worried because OH and myself are thinking of buying a house next year and my credit rating is rubbish even though everying else on there is fine.

 

Thanks so much!!

 

Chloe

[maroondevo52]

Hi, Chloe.

 

Sorry I'm not too clued up on arrangement to pay but found this..........

 

 

 

A situation where a lender agrees that you can pay less than the repayments legally due, because of a loss of income or ill health. Arrangements to pay are recorded on credit reports and will automatically drop off your report once six years have elapsed from the date of account closure. Lenders will not always inform you about the negative impact that such an arrangement will have on your credit report.

 

Such an arrangement is usually interpreted by a lender that you are having trouble meeting your existing commitments, and are possibly over-indebted. As such, it is regarded as serious arrears and will have a significant adverse impact while it remains on your credit report.

 

 

 

Looks like the quicker you get it paid off the better.

Doesn't sound good, hopefully someone will be able to help you get them removed.

 

How old is the account and are there any charges you could re-claim ?

 

Regards.

 

Scott.

[funky_fiddler]

I know it doesn't look good-

 

My OH has no idea about this either- I'm really panicing about when we go for a mortgage.

 

I did send them a subject access request as I did pay PPI and there are a couple of charges that I can claim back.

 

On my experian file it looks fine but on my equifax one it looks terrible.

 

I feel a right fool for doing this I did'nt think that it would do this much damage!

 

C

[maroondevo52]

Hi,

 

I know how you feel, we've all done similar, my credit ratings been trashed for years

 

I know a default is bad news, but that drops off 6 years after the default date, not 6 years after you pay off the account as with the arrangement to pay.

I think thats totally out of order, how they get away with it's beyond me.

 

You could always phone to say your going to pay the debt off, but with the condition that they remove the markers from your credit report, whether they will do is a different matter.

 

Have you CCA'd them, if they can't come up with your agreement, it would put you in a good position to get the markers removed.

 

Regards.

 

Scott.

[funky_fiddler]

I thought that I might write to them making a full and final offer of the full balance of £600 if they agree to mark it as satisifed and remove the markers etc- I've not defaulted I'm paying them more than I was before they froze the interest. What a mess!

 

I've tried ringing them before to sort this out and have got nowhere due to the pretty bad barclaycard overseas call centre being really unhelpful!

 

[funky_fiddler]

I paid off the full balance of my barclaycard last month and it's still not showing on my credit file- is there any way to hurry them along to update it- me and oh seeing mortgage advisor within the next couple of weeks Grrr

 

Thanks:D

[Leo1]

Did you get a receipt or confirmation letter when you paid it off? Maybe take that when you see the mortgage advisor just in case?

[247orbital]

Should be done in 28 days maximum. Maybe write to the CRA and see what they have to say.

I had a CCJ set aside and it was removed in 5 days, but I have heard some CRA request certificates of satisfaction from the courts before they remove CCJ's.