Barclaycard : Endless BC Saga- Reply help please..

[otisan]

This is the latest letter I received from BC. It's a new one that I haven't received so far.

However, debt companies have ALL stopped contacting me. After I ask for my CCA request from them, they all stop harassing and pass me on to the next DCA. I don't think there's any left which is why BC have suddenly gotten themselves involved again.

Any ideas what I can reply to this??

 

 

 

[otisan]

Letter dated 1 Feb as stated in previous letter is:

(There's 2 pages missing, but it's the standard conditions that I've received from them a million times before... Still, nothing with a signature.)

This has been going on for so long now and I have no response to this, any templates left that I might not have used? Or is there a way I can put an end to this a little quicker, because, whilst I was quite confident with what i was doing in the beginning, this has now become such an outdrawn process and I'm am losing confidence/will to carry on with this somewhat..

 

[slick132]

Hi Otisan,

 

Have a read of the last link in my signature below. It's the OFT Guide on how banks can reply to a CCA request.

 

Recent court decisions mean it is now far harder to dispute a Credit Card debt on the basis of documentation.

 

8-)

[asteroid]

Hi Slick132, My wife received exactly the same letter as Otisan received (T&C and without signature / signature box)after 3 months of requesting the True Copy of CCA. On the first post of this thread showing the 1st page of BC statement which states

 

2) There may be omitted from any such copy -

 

(b) Any signature box, signature or date of signature ...

 

Does it mean if the BC have fullfilled their obligation under 1974 cca? even by sending "reconstituted copy" WITHOUT SIGNATURES ?

 

My wife received the same letter T&C from BC in Oct.10 bearing her name and the address (abroad address, NOT the UK address) and my wife again sent a letter to BC asking to send CCA with her Signature. After that never received a letter from BC and then in Jan.11 we were bombarded with calls on mobile and landline from Mercers. My wife never gave her name or dob to them and kept asking to write a letter instead of calls and then hang up phone. Mercers never wrote any letters. From now around 3 weeks calls stopped from Mercers and today received a call from SRJ management and again my wife did not give any info and passed the phone to me, I told the guy he is not paying the bill for my landline and we never gave him the permission to call our landline and in future write a letter instead of phone calls.

 

Would you please explain and enlighten the BC statement i mentioned above. Can the BC and / or debt recovery (SRJ) can take my wife to court or take out CCJ on my wife even without the signatures on the CCA. How can one (debtor) be sure of the True copy of CCA sent without signatures is the same at the time of opening up the account ? Thanks a lot in advance.

Edited April 18, 2011 by asteroid

[slick132]

Hi Asteroid,

 

Read the OFT Guide on how a bank should respond to a CCA request at Link No4 in my signature.

 

If they have responded adequately, the a/c is no longer in dispute and they can continue to seek payment.

 

If they want to take court action to collect, then they should produce the original signed credit agreement. If they cannot do this, it's up to the court to decide if the bank has proved their case and done enough to get a CCJ against you.

 

If you want to discuss this further, please use your own thread and I'll get a note to say you've posted there.

 

8-)

[otisan]

So would you say they have fulfilled my request?

If so, what would I do next? They have added a lot of interest etc. to the account whilst i thought the account was in dispute but they didn't so it would be a shame to just give up after so long and start paying up, especially with all these added costs.

If legislations have now changed how come every single DCA have abandoned this debt as soon as I send in a letter? The only people left pushing this debt is Barclaycard themselves, after it has been passed several rounds of their DCA's.

[slick132]

Hi Otisan,

 

I think they've replied adequately to your CCA Request.

 

I don't see that you can effectively argue about the interest added to the a/c, when it was not in a recognised dispute.

 

A DCA needs paperwork to prove they're entitled to chase the debt. If they don't have the credit agreement, they may choose not to chase again so they can move onto a case that may bring them easier results.