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eagleforms

CL Finance taking the Mickey

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I sent a subject access request to Howard Cohen about a barclaycard on 6th October and eventually got a reply from CL Finance on 9th December. They have sent me a blank application form, a separate sheet of conditions of use, plus an undated "statement showing the state of the account". They claim in their letter that the terms of the agreement were varied, therfore it is necessary to send the most recent version of the credit agreement (they sent a blank application). They say that "Section 78 of the CCA 1974 and regs provide that the documents provided under section 78 do not have to contact any signatures or signature blocks", whatever that means.

This is all pure fiction and I am very inclined to go straight to the OFT with this nonsense.

Would this be the right course of action?

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Was it a SAR or CCA request that you sent?

 

If a SAR then you should have copies of absolutely everything they have on you, not just an agreement and a statement.

 

If a CCA, then technically they might have complied but provided the account is pre 2007 they still need something with your signature to take it to court. As Howard Cohen are involved, has it already been to court?


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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It seems there is nothing to connect you to what they have sent at all and that is not surprising because Barclaycard do not have any old agreements. A blank application form as you say is nonsense, the copy doesn't have to contain your signature but it does need to have a signature box. They must send the original terms and conditions and the current terms and conditions are irrelevant because there are no original terms to state that the terms and conditions can be varied. As you say, a load of old bull. I would certainly send them the Account in Dispute letter if you have not already done so then you can ignore whatever they send after that. As for the OFT, a report to them would be recorded in CL Finance's files held by them and come up when their consumer credit licence is being renewed but they do not investigate individual disputes. I report everything that breaches their guidelines as every report is another nail in the DCA's coffin. There are new OFT guidelines on debt collection coming out in January and that is a result of complaints to the OFT.

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sub


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Really mad

Sorry, it was a CCA, now that I look back at the letter. The application does have signature boxes but like everything else on the form they are totally blank. Yes it did go to court which is why Howard Cohen got involved, but I would like to see what charges they have made on the account. The debt was before 2007.

Do I write back to CL to tell them the account is in dispute until I get a properly executed agreement?

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I'm guessing you already have a CCJ for this account, in which case unfortunately it's too late to ask for an agreement unless there are some grounds to ask for the judgement to be set aside.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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eagleforms

 

 

you are a classic 'pre-CAG post-CAG' example

 

it truly is a shame that you got a CCJ before you found us

 

but you live and learn


post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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