please help audit my barclaycard CCAs

[quark2009]

Barclaycard

 

please read the Barclaycard letter too, they are mentionning Civil Procedure Rules CPR 31.16. i do not understand what they mean and does it really make any sense what they are saying ??

 

there is one more page attached in the following post

 

Please see the link, you can increase / zoom in on the picture, there is button on the right on top.

 

Picasa Web Albums - x x - Barclaycard#

 

 

Picasa Web Albums - x x - Barclaycard#

 

if you could guys here is the rest of the CCAs, sorry for so much, any help would be much appreciated, thanks.

 

Barclaycard

Picasa Web Albums - x x - Barclaycard#

 

Capital One card

Picasa Web Albums - x x - Capital One#

 

Mint card, RBS Advanta

Picasa Web Albums - x x - Mint card, RB...#

 

Natwest Loan

Picasa Web Albums - x x - Natwest Loan#

 

Natwest overdraft

Picasa Web Albums - x x - Natwest Overd...#

Edited February 3, 2019 by dx100uk
merge

[cerberusalert]

I'm afraid they're too small to read, can you upload them onto an image hosting site such as tinypic & then post the URLs back here?

[cerberusalert]

Well with the Barclaycard they haven't provided a copy of the CCA only the T&Cs so send them this;

 

Account In Dispute

 

Ref:

 

 

 

Dear Sir/Madam

 

 

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

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 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore;

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested, any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 21 days I expect that this means you agree to remove all such data.

 

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 credit agreement is a very clear dispute and as such the following applies.

 

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

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

* You may not pass the account to a third party.

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

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

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,

Print name do not sign

[cerberusalert]

The same with the Crap1 a/c as the signed document does not contain the prescribed terms and there is no link to them. The rest of the junk is just T&Cs.

 

Ditto the Mint card

 

I can't read the Natwest loan as it's blurred.

[letsdothis]

The T and C's Cap One have sent you must be from after 2006 as the default charges are £12 and not the older rate of £18 or £20 yet your agreement states a signature date of 30/04/03

 

If you check your old statements I bet you have higher default charges than £12 up until 2006 which makes me think they do not have the back page of your agreement on file, same as mine.

 

That's pretty much the same sort of garbage I got off them as well and my agreement / application form was dated 2001

[quark2009]

Thank you very much guys for your replies.

 

1. Natwest Loan CCA is blurred in the orginal, these are good scans so the orginial is exactly like that, so does this mean that I can tell them that they did not comply because the law says the CCA should be ligible ????

 

2. what about the letter from Barclaycard, where they are referring to CPR, are they saying that they would not have to provide the agreement in the court or are they talking about some exclusion rules, I am confused. Basically what are they talking about in that letter?

 

Many thanks

[cerberusalert]

I can tell them that they did not comply because the law says the CCA should be ligible ????

Yes.

[quark2009]

guys, i received a reply from Barclaycard in response to my CCA request,

please tell me what this letter means.....

Picasa Web Albums - x x - Barclaycard r...#

 

thanks

[rebel11]

Hi Max

 

If you've got any Penalty Charges or if you've been mis-sold PPI,

you can claim them back with interest.

[exasperated]

Hi Max,

IMO What that means is drivel for 'we do not hold a properly executed agreement for you'.

Its nonesense, they have to hold a properly executed agreement to enforce the debt, if they do not whilst the debt still exisits until 'statue barred' in six years they cannot collect on it.

Send them the dispute letter Cerb kindly supplied for you.

[Craigbadger]

Ps your name and addy are showing on the Mint

[quark2009]

geez, what a muppet that i am, thank you so much Craig.