PLEASE HELP - I believe my Barclaycard is Unenforceable

[littlecbigd]

Hello.

This is my first post, although I have spent a long time reading through the forum and am very hopeful that with some help I may be entitled to have my Barclaycard balance (Circa £10k) written off due to the agreement been unenforceable.

I have had the Barclaycard since circa 1996/1997 and have never, ever missed a single payment. Since inception the agreement has been upgraded to Barclaycard Gold Visa, the credit limit has steadily been increased, and my partner has been added as a joint card holder. However all of these happened pre 2006 ( I am unsure if these changes have any relevance to a claim).

As this is quite a complex forum and the consequences of a successful claim would quite literally change my life for the better, I really, really want to ensure I get everything on my part right so I didn't want to just pluck what i thought would be the correct template and send it off.

I would be massively grateful for some asistance in what I need to do to see if this is an enforceable agreement and the correct letters and timescales I need to check this, and how to have the account closed with a zero balance if it is not.

Thank you very much in anticipation of your help.

Littlecbigd

[cerberusalert]

Have you sent a CCA request to the creditor to see if they can provide an enforceable agreement? http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter They have 12 working days from receipt of your request to provide a copy. If they fail do do so you can legally withold payment until they do.

 

If you have already done so and received it back can you scan it, remove personal details & post it up so we can check it over.

 

Depending on whether you have been paying unfair charges over the years, it may also be worthwhile sending a SAR which will provide copies of statements from which you'll be able to determine what you can reclaim, the same goes for any PPI which you may have on the cards. http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca This will cost £10 and they have 40 calender days to provide the information. If you have multiple a/cs with the same creditor one SAR is sufficient for all the data they have on you.

[littlecbigd]

Thank you Cerberusalert.

I have not yet sent them anything so this appears to be my first step. I will amend the template to my circumstances and send it today.

When you refer to unfair charges, can you explain ? As I mentioned, I have never missed a payment in all the years I have had the card, therefore, other than the standard interest on the rolling balance, I don't think I have ever incurred any other charges ?

Is it worth sending a subject access request anyway ?

[cerberusalert]

When you refer to unfair charges, can you explain ? As I mentioned, I have never missed a payment in all the years I have had the card, therefore, other than the standard interest on the rolling balance, I don't think I have ever incurred any other charges ?

Is it worth sending a subject access request anyway ?

If you haven't paid charges for late payment etc it's not worth sending the SAR. Just send the CCA requests for now and we'll advise from there.

 

If you start a new thread for each one as you receive them you won't get mixed up.

[andydd]

..bit of an odd thread title if you havnt asked for your CCA yet !?. Anyway it prob will be unenforceable if/when it arrives, BC usually just send the T & C's, they seem to think things such as terms, amounts and signatures are not important.

 

Andy

[littlecbigd]

I have used the template suggested above and sent it Special Delivery to B'Card,along with my postal order this afternoon.

My final question before I await a response from them - Does the 12+2 days include weekends?? (ie, if it is posted today, 8th oct '09, what is the latest date I should expect to hear from them in regard to receiving a copy of my agreement before we ascertain the next stepsto take) ?

Thanks

[cerberusalert]

It's 12 working days from them receiving it, so that'll be 27th

[littlecbigd]

Great, thank you for that.

I'll be in touch with their response. As you suggest I will post in a new thread but if it is OK with you I'll ping you as well seen as you are being so helpful !

[cerberusalert]

No problem.

[littlegene]

Hi

Im one step ahead of you at the moment and yes they just sent two letters one with and terms and conditions and one of an old cca

 

regards

[littlecbigd]

Good evening all.

Today, Barclaycard missed the formal deadline to comply with my recent CCA request for a signed true copy of my credit card agreement.

Barclaycard did respond last week by way of an acknowledgement letter, a copy of some ancient terms and conditions (which may or may not be mine, I have no way of knowing; they did have "1998 terms and conditions" stamped on the reverse but that is all) and a copy of their current terms and conditions.

My agreement is up to date and always has been hence I am not disputing any collections activity or charges.

Please can someone advise me of the next steps to challenging that this agreement is unenforceable ?

I have taken note of recent test cases favouring the creditors still being able to enforce a disputed agreement by way of credit bureau reporting, and I do not want to damage my credit rating by following this up.

 

I am also concerned about the recent test case activity rendering this claim a waste of time even though it would appear so far that I now have the slight uper hand, so is it still worth progressing?

Many thanks in advance

Littlecbigd

[slick132]

Hi Littlec,

 

If they've replied sending you their T&C's, write back to complain and put the a/c in dispute with this - http://www.consumeractiongroup.co.uk/forum/barclaycard/220592-cca-request-all-they.html#post2440121

 

If you want to keep your credit records clean, you should maintain at least minimum payments just now.

 

Read other threads here to see what's going on - you'll learn loads.

[littlecbigd]

Hi Slick, good evening.

Thank you for your reply. I do have one question concering your suggested reply.I don;t flly understand the section which describes what may be ommitted from a copy of an agreement, in particular the section as follows:

"Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

The regulations state:

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancellable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies); "

I've highlighted the bits I'm concerned about...Am I being dumb, or does this basically say that they don't have to send or prove they have an executed copy ?

I can't post it til the strike finishes on Monday anyway, so hope you can reply before then.

Thanks.

[slick132]

Hi cD (is this right ??),

 

Read the Tutorial on credit agreements at Link No5 in my signature below. This sets out what must be included, what may be omitted and the consequence of such omissions.

 

Also see here - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/138357-hsbc-cca-received-what-3.html#post2517823

 

In any event, send the letter as BC will ignore your assertions and refuse to send the agreement. Then you can move on to use the FOS or CPR31.16 to get your agreement.

[littlecbigd]

Thanks very much Slick, thats much appreciated. The Act isn't generally written in plain English so when so much is at stake I want to be sure I understand what I'm sending.

I've got all weekend to go over the tutorial and will post the letter off on Monday when the post strike's lifted

Regarding the name, - cD is fine, or cD or anything you like if it helps sort this barclaycard out !!

[slick132]

Hi cD,

 

Read as much as you want, but bear in mind that this letter is a means to an end.

 

All our Postie's are out delivering here today as normal !!

[littlecbigd]

Hi all. After my recent request to Barclaycard to provide a true copy of my agreement, all I recieved from them initially was a copy of some old and some new terms and conditions. I replied using this: Cca Request -this Is All They Sent Me!!? and requested a response by 21st November.

 

However they have replied today with a very poorly written letter which, on the face of it, appears to immediately admit that they HAVE DISCHARGED THEIR OBLIGATION UNDER MY AGREEMENT (see circled section in letter). Although this could also appear to be a typo, please give me some advice on what to respond as they should have taken more care. They clearly don't have a true copy of my agreement (not surprising since it dates back to circa 1997/98).

 

I am inclined to reply along the lines of "Thank you for your letter etc etc, I am glad you agree that you have discharged your obligations etc etc, please confirm by return that the agreement has zero balance and that no further monies are owed.

 

Should I do this, or should I assume that it is a typo, and if so what is the next step. I do appear to have the high ground now in that they undoubtedly don't have a copy of my agreement, and that this letter also appears to admit that they have discharged their obligation (rather than saying that they havn't).

Which plan of attack should I use??

[littlecbigd]

Sorry - the image doesn't appear to open very large, so I wil type the EXACT phrase they have used:

"Please note that we have already set out, in detail, why we are are satisfied that the documents already provided to you have discharged out obligations under the Act."

 

(Note they have repeated the word "are" and used the word "out" instead of "our" so clearly written by an incompetent)

[silverfox1961]

Hi,

Unfortunately, all they are saying is that they have complied with your request, not that the account has been discharged.

 

Under the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 They are allowed to send you a copy of your agreement (although not an actaul copy) with certain bits omitted so that is why they are saying they have discharged their obligation to you.

 

If you could post up the agreement (try photobucket) minus any personal details that would help.

 

fox

[IdaInFife]

I have moved your thread to the barclaycard forum

 

ida x

[slick132]

SilverFox is right - they are just saying they've done all they need to, according to their interpretation of CCA1974.

 

I suggest you now write to the FOS and complain that BC have refused to supply you with a copy of your credit agreement, to which you are entitled. Enclose copies of relevant letters and documents.

 

The FOS have intervened on several cases recently and BC have responded by supplying the credit agreement, or whatever they have.

 

Try this and see what happens.

[littlecbigd]

Thank you Slick.

What happens after that ?

Littlecbigd

[slick132]

Hi cD,

 

What happens will depend on:-

 

1. Whether the FOS intervene successfully.

 

2. What BC send in response.

 

Here's a draft you could use to complain to the FOS - http://www.consumeractiongroup.co.uk/forum/barclaycard/231901-tony3x-barclaycard.html#post2575342

[slick132]

Three threads merged - please use only one thread per topic.

 

[littlecbigd]

I didn't merge them - no idea how that happened !