Morgan stanley/Barclaycard CCA

[techie09]

Hi

Very new to all this, but have now decided to send out CCA requests to Barclaycard (3 credit cards in total), also have a MBNA will start new thread for that one, any help would be appreciated.

 

Sent CCA request to Barclaycard Cash Back card, the credit card in question was Morgan Stanley when i applied for it around 2006. They sent reply and credit agreement (7 pages) well within the 12 days.

 

Not sure if it meets the prescribed terms as there is no signature , is it enforceable?,any help appreciated.

 

http://i984.photobucket.com/albums/ae325/techie09/barclaycard1a.jpg

http://i984.photobucket.com/albums/ae325/techie09/barclaycard1b.jpg

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[gazab41]

hi this looks like the complete garbage that barclaycard send in response to a CCA request.

 

All you have been sent is a Copy of terms and conditions dating to |Jan 2002 note the number next to date this relates to what version of terms and conditions sent.

 

Barclay card will say this is all they need to send but as no signiture no card number this is the sort of garbage they like to send my advise for what its worth is send an account in dispute letter.

 

you may find barclays will try to wriggle out and try to default you but hey they are wrong and they no it....

[slick132]

Hi Techie and welcome to CAG,

 

You should send BC a letter to put the a/c "In Dispute". See the letter at post #4 from here - http://www.consumeractiongroup.co.uk/forum/barclaycard/167584-barclaycard-no-cca.html Adapt it to suit your own case and send to BC by Rec'd Del'y.

 

When they reply negatively and confirm that they will not correspond further about it, you can complain to the FOS, to see if they'll intervene and help you get sight of your credit agreement.

 

There's a template letter for this here - http://www.consumeractiongroup.co.uk/forum/barclaycard/231901-tony3x-barclaycard.html but don't use this yet.

 

Are there any penalty charges or mis-sold PPI on the a/c which you can reclaim in full with interest ?

 

If there are such charges but you don't have statements for the last 3 or 4 years, send off a SAR. Read the Reclaiming Guide at Link No1 in my signature below.

 

Read other threads here to see what is happening with other CAGgers cases.

[techie09]

Hi

 

Thanks for the advice, i will send barclaycard a/c in dispute letter right away.There is a number of late payment and over limit fees going back 5 months from when i started to run into financial difficulties, i will check the statements and look into reclaiming.

 

Will await there response !

[techie09]

Just received a interesting letter from Calder Financial with regards to a full and final settlement as follows:

 

Dear Mr xxxx

 

We are pleased to advise you that we can now offer a full and final settlement opportunity on your Barclaycard account.

We can accept £xxxx.xx to settle your account.

 

The payment must be received by the 20th May 2010.

 

When the amount has been received, the account will be closed on our records and will not be pursued further by Barclaycard.

 

Legal action may commence at any time unless an agreement is in place.

 

xxxxxx

Litigation Officer

 

 

The letter is unsigned and not printed on the usual calders letterhead, and they have used a light brown ink.Can this letter be taken seriously, noticed no mention of third party taking on the rest of debt ! wonder if that odd colour ink will fade away in a few months !

Edited May 17, 2010 by techie09
mis-type

[goshort]

Hi Techie

 

Out of interest had you been continuing to make payments during all this time or what was happening during the last few months ?

 

Is this their only response to your attempt to claim back fees ?

[slick132]

Hi Techie,

 

If they have made an offer, they must honour it, subject to the terms they confirmed in the letter.

 

What discount are they offering in percentage terms.

 

Have you been able to quantify the amount of penalty charges you can reclaim.

 

If you don't have all the necessary a/c statements, you can send a sar to get them.

 

[techie09]

Hi Goshort

 

Have stopped making payments, since requesting CCA, they passed account to Mercers than Calders.Have now sent letter of complaint to FOS, also sending SAR to look into claiming back those fees.

 

Hi Slick132

 

The discount they are offering in percentage terms is 45%, and would say around £450 in penalty charges, i think the offer letter is suspect as they do not confirm that the outstanding debt will not be passed onto a third party, may ask them to reword "...and will not be persued further by Barclaycard or a third party.

[slick132]

If there are older penalty charges going back a few years, claiming compound interest at BC's contractual rate will greatly increase the amount you can get back, on top of the actual charges.

 

You will have to decide if the offer is worth considering, if you have the means to pay them in a lump sum.

 

If you settled in this way, they would not be able to pursue the debt further, nor would any third party. You would obviously have to check the final wording but I don't think the offer is suspect.

 

The a/c would be left showing as "satisfied" on your credit files which is different to "settled". The former term reflects that the debt has been settled with payments that are less than the actual amount due.