Barclaycard claim TRUE CCA is not required

[Dacorumdebtor]

Hi all,

I've been trying to take BC and Mercers down the route of providing a true copy of the original agreement. They have sent me a 3 page reply, which to be honest I don't understand, other than they are saying, they don't need to provide it.

I hope I have managed to attach it to this post.

If any can translate for a layman, and hopefully point me in the direction to go, or a letter send, it would be MOST appreciated.

Thanks

 

DD

B CARD letter for consumer forum.zip

[slick132]

Hi DacorumDebtor,

 

There have been recent court rulings which:-

 

1. Make it far more difficult (more like impossible) to challenge the enforceability of a credit card by taking the bank to court. You can still defend if the bank doesn't have a decent credit agreement and they take YOU to court. But taking THEM to court for non-enforceability is a non-starter.

 

2. Mean they do not have to produce the copy credit agreement in response to a CCA request.

 

3. Make it inadvisable to take court action using CPR 31.16 to get sight of the copy agreement.

 

The best way forward for many peeps is to reclaim all penalty charges added to your a/c and claim compound interest on top.

 

Read other threads here to see what others are doing.

[slick132]

I can't open the attached document in your post above but we've seen many copies of BC's letters explaining what they can get away with in response to a CCA request.

[Dacorumdebtor]

Thanks Slick.

My concern is their ability enforce via the Court. You seem to indicate they would struggle. Do I understand that correctly? Is there another way to post the letter from BC? I tried a straight upload, but is failed as file was too large so I simply zipped it. Obviously that didn't work either!

Regards

 

DD

[rebel11]

Hi Dac

 

They can send a reconstituted agreement, but if the agreement has been 'varied', i.e. they have increased the interest rate since the account was opened, then they have to provide the original agreement and Terms and Conditions for each variation.

 

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/QB/2009/3417.html

[slick132]

Hi DDebtor,

 

There's no need to post up the letter as we'll have seen it many times elsewhere.

 

If you need to post up documents now or later, read this guide - http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

My concern is their ability to enforce via the Court. You seem to indicate they would struggle. Do I understand that correctly?

No, you misunderstand me. They could take you to court whether they have a properly executed credit agreement or not. You could enter a defence if the agreement is faulty or not produced. You have a decent chance of defending, depending on the circumstances.

 

But you have very little chance now of taking BC to court seeking a ruling of unenforceability with you as the Claimant or Applicant, and BC the Defendant.

 

Another point is that BC are very slow to take any cases to court. That may happen if BC sells the debt but that's usually months or years down the line.

 

Are there penalty charges or PPI which you can reclaim.

[Dacorumdebtor]

Thanks Slick.

No penalty charges as such. I have complained that the interest rate has changed and that when Mercers have been in touch the amount they chase differs from that on the BC statement. no explanation has been forthcoming. So, I went along the "produce the CCA" course and finally put account in dispute when CCA did not arrive. This seems to have spurred them into the reply I have received. But as of last statement and whilst in dispute, both late charges and interest have been applied.

 

Regards

 

DD

[slick132]

BC will not agree that the a/c is in dispute and will continue to seek payments.

 

They have probably complied enough with your CCA request, so the FOS will not agree the a/c is in dispute either.

 

The charges recently applied can be reclaimed in full.

[Dacorumdebtor]

Sell the debt cf.pdf

 

All has been quiet for a while, but today I have a letter from Caders / Mercers offshoot, telling me Bcard are planning to sell the "debt". Have tried to attach letter, for your info. Is this good thing on my part as Bcard have not supplied TRUE copy of agreement only copies of T&C's? Have put account in dispute, although Bcard say they do not accept the dispute.

[rebel11]

Hi Dacorum

 

Wait for Slick to confirm, but you could send the following, they will probably ignore it, but might be an idea to send it anyway:-

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

[slick132]

Yup, adapt that letter to show that it's not YET been sold.

 

Put the a/c into dispute by demanding the refund of recent penalty charges.

 

As I said before, the CCA request matter will not necessarily leave the a/c in a recognisable dispute. Unlawful penalty charges will.

 

[Dacorumdebtor]

All done as suggested. BC seem to have ignored it as have now had letter from RMA (Risk Management Alternatives - I believe) demanding payment. The THE NEXT DAY a polite letter from them telling me they have selected me as a special case and I qualify for a reduction! They are so kind aren't they!?* Propose to write back asking what amount of reduction they are offering in view of the fact they purchased the account from BC for a fraction of the balance. Wonder what they'll say?

[slick132]

HI DD,

 

I wouldn't waste time sparring with RMA.

 

Just tell them the a/c is in dispute regarding penalty charges and they should back off now.

 

8)

Edited November 2, 2010 by slick132
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