sussex v barclaycard

[sussex1]

Hi

 

Barcalcard failed to respond to CCA request and indeed instrcuted Robinson Way. I sent them the usual "bemused" letter and then have received this

 

http://i297.photobucket.com/albums/mm223/sussex1/bar-1.jpg

 

http://i297.photobucket.com/albums/mm223/sussex1/bar2.jpg

 

they have sent generic terms from 99 when the account was taken out with nothing specific to me and have also tried to pre empt the CPR argument. Any ideas as to how best to respond?

Edited November 9, 2010 by sussex1

[harrassed senior]

What we need to see is what they sent purporting to be their obligated documents.

[sussex1]

this is all I have received, and this was only as I told Roinson Way account was in dispute and they should return it to Barclycard

[firstship]

Hi sussex............so Just the letter you posted and nothing else from Barclaycard me thinks this will not comply with CCA even in its most current legal requirement form,then this is Barclaycard,they write their own rules ignore OFT,and admit to nothing,at this point just remind them they are in Default of CCA 1974 and are very aware of the OFT guidelines,which they must comply with before you will undertake any further communication..................FS

[sussex1]

thanks, is there a template letter i should be sending? THe account is from 1999 so I'm hoping they no longer have anything

[firstship]

Just send the account in dispute letter again to Barclaycard and add the lines in my No4 thread that they Barclaycard are well aware of OFT guidelines and their legal requirement in response to a CCA request and no further communication etc etc.................Got to tell you Barclaycard are the most difficult organisation to deal with,you have probably already read same on many other threads on this site............my own is on going after 19 months and similar to your own a 1999 Barclaycard they cannot produce an agreement for,so we play letter ping pong,it seems they rarely go to court in this situation ..12 months ago I wrote and stated I do not acknowledge any debt for any account,,got 5 years to go to get Statute Barred,what a daft stupid state of affairs...............best of luck....FS

[sussex1]

as they are claiming the full balance, should I have received a termination letter?, think I will send them SAR to see what they have got

 

thanks again

[DonkeyB]

Generic terms are insufficient. The copy agreement must show your name and address at the time you took the card out, and they must also send a copy of the current agreement, again with the correct name and address at the time they were issued. This applies for reconstituted agreements, and was clarified in Carey v HSBC.

 

The likelihood is that all they have from 1999 is an application form, not a proper CCA.

 

They have not even satisfied a s78 request.

[DonkeyB]

as they are claiming the full balance, should I have received a termination letter?, think I will send them SAR to see what they have got

 

thanks again

 

Not necessarily. They have not terminated, by the look of it; they have simply reduced your credit limit to zero.

[firstship]

up to you if you wish to send SAR,if you do be specific about what you require....statements (probably only send you 6 years worth) copy of the original signed agreement..all data they hold on from 1999 to date of your request.At this point in time as they have not responded to your CCA,remind Barclaycard,they must not use a 3rd party to collect any debt..must not demand any money....must not add interest,must not register any information with CRA etc........all this is applicable as long as they have not produced a signed copy or reconstituted agreement which is I believe correct in your case,as DonkeyB states and I can confirm from my own experience they are very unlikely to be able to produce an agreement going back to 1999................FS

[DonkeyB]

Yes, they have NOT fulfilled the s78 request with a mere copy of T&Cs – but they will use McGuffick to state that they can continue to try and collect the debt and report to the CRAs, as this does not constitute enforcement.

[sussex1]

]Hi

 

I've heard nothing on this from last time I posted until today when I've received in the same envelope 2 letters

 

The first from Barclaycard using a different account number and giving me notice of the assignment and sale to Lowell Portfolio on 31/01/12

 

the second from Lowell introducing themselves.

 

The address they have used is no the one Barclaycard had or had written to before and I noticed on my Experian record last week a search had been undertaken by Lowell.

 

At the moment can anyone advise if the account has been assigned/sold correctly given the account has been in dispute fro a couple of years. Either way i'm not sure how or if to respond. Do Lowells if they have purchased correctly have to fulfill Barclaycards CCA and SAR obligations?

 

Thanks as always

[DonkeyB]

Did you put the account into dispute with Barclaycard re their failure to comply with s78?

[sussex1]

Hi

 

yes back in July 10. Ive then sent the bemused letters to Rob Way and Westcotts

 

thanks

[DonkeyB]

Then I suggest two things.

 

First of all, a very strongly worded letter of complaint to Barclaycard asking why they sold your account when there was a valid dispute. Although they can legally sell it, their own code suggests that they should have resolved any complaint first. This is against CPUTR – an unfair relationship.

 

Secondly, if Lowell’s letter asks for payment, write and state in no uncertain terms that the account was in dispute with BC prior to the sale, and therefore remains in dispute.

[firstship]

Yes DonkeyB has nailed it they should not sell an account whilst in dispute but they do and will get away with it, however it is important that there is a letter on file indicating you complaint and disgust of their avoidance of CPUTR.

 

Lowells letter,simple they have purchased an account thats in dispute and remains so,(and do not tell them what the dispute is) suggest they contact BC to confirm all details

 

FS

[sussex1]

many thanks for the replies an sorry if i'm sounding thick but i just want to get this right

 

the letter to Barclaycard asks for an explanation as to why they sold an alleged debt that has been in dispute since xxxx as clearly they should have settled the complaint first and in not doing so have gone against CPTUR in respect of an unfair relltionship? is that the correct wording/terminology?

 

the one to Lowells seems more straight forward just tell them to contact Barclaycard as account is in dispute

 

Would the unexplained change of the Barclaycard account number have any bearing as strictly speaking this new account number I know nothing about and have not used or am i just splitting hairs?

 

thanks again

[sussex1]

sorry for raising this issue again, Iwould have done it sooner but have been offline for a few weeks

 

I have not got round to responding at all to Lowells yet and have of course received a few pre printed reminders. All of these have the same incorrect barclaycard account number.

 

Does anyone think there is any point in simply telling them i have no knowledge of the account number to which they refer or not?

 

There is a letter on here somewhere about them having to make sure that the person they are contacting is the actual debtor before asking for payment

 

All thoughts and suggestions appreciated

 

thanks

[daverules]

Does it say Barclaycard account number just account number?

 

If it's just account number it may be the number Lowlife have assigned to you.

[sussex1]

hi

 

it says Barclaycard number, there is a seperate Lowells ref

 

thanks