No cca - but still defaulting me - barclaycard

[Linian]

Can anyone help please.

 

I made a s78 requested to Barclaycard for a copy agreement when my account was in order. They replied with the usual stuff re copy agreements, Carey v HSBC, reconstituted agreements etc etc. they sent T& C's but DID NOT provide any copy agreement at all.

 

I wrote again pointing this out and their response was that the "documents provided satisfied their obligations under s78" but still no copy agreement was provided (reconstituted or otherwise)

 

I wrote for a third time referring to CPUTR 2008 and OFT guidelines on misleading consumers as to the existence of an agreement when non exists. I confirmed my understanding that as no copy agreement had been provided, the account was now in dispute and stopped paying

 

They replied stating that I they had provided a final response and would not enter into further correspondence. I have now received a "notice of default" from MERCERS DCA as three payments have now been missed

 

I want to make an official complaint but how and who to? I understand the FOS is somewhat unreliable for consumers so am assuming its the OFT?

 

Can anyone advise a way forward please?

 

Thanks

[silverfox1961]

Hi,

Unfortunately, they can default you. This is confirmed by the OFT

 

http://www.oft.gov.uk/about-the-oft/legal-powers/legal/cca/unenforceable-credit-agreements

[Linian]

Thanks silverfox, I realise that but I am now more concerned about their blatant attempts to conceal the fact that they don't have an agreement and the claims in their letters that they have satisfied the requirements of CCA 1974 which clearly they have not. they haven't even sent a recon

 

Additionally, DPA requires that information is accurate. How do they know that if they don't have an agreement to refer to?

 

I want to complain about their conduct - but who to what's the best course?

[dx100uk]

since carey & rankine cases you have little chance of 'paperwork' errors making a CCA un-en. esp if there is a clear financial link.

 

you are barking up the wrong tree.

 

dx

[Linian]

barking up the wrong tree - is there another one I should be looking for or can they just plough on through regardless now?

 

I am correct in believing its unenforceable at the moment aren't I?

[dx100uk]

in your mind yes

 

but as thats std practice/return for a BC CCA - typically only just T&C.

 

if there is a clear financial link between you - sadly the days of running away from debt due to 'paperwork' errors are long gone - thanks to the reclaim co's.

 

dx

[Linian]

"Running away from debt"?

 

All I did was ask for a copy of my agreement and they haven't provided one. As I understand it, under the law, until they provide a copy then the agreement is unenforceable - is that not still the case?

 

What's important (and the reason for my post) is their response to my request and the OFT guidelines with respect to unfair dealings and misleading a consumer.

 

I realise that they might still be able to wreck my file - but they have written to me stating that they have complied with my request and the 'copy agreement supplied is sufficient' when no agreement (recon or otherwise) has been provided by them. They are being underhanded and misleading and I want to report it - that's why I posted

[dx100uk]

ok

 

as advised if a clear financial link can be established, then what BC have supplied is std practice for them on a CCA return

 

i'm going to move your thread to the barclaycard forum

 

there you'll be able to read threads and get other in the same situation as you to comment.

 

dx

[Linian]

ok thanks

[Linian]

but is it not a "legal" issue as opposed to a particular bank issue?

[FightToTheEnd]

I agree with the OP entirely and I'm in a similar position with Barclaycard. The Carey case does mean, in my view, that they can satisfy a S78 request with a reconstituted agreement, but would require more than this to obtain a CCJ.

 

Just proving a financial link isn't enough to justify interest & charges, etc unless it can be proved you agreed to them surely? The CCA1974 does still state that an original agreement can be requested in court?

 

That's my stance with Braclaycard in any case. I haven't paid them since June 2009 and haven't heard from them at all since about March 2010.............they did default me though.

[Linian]

Thanks FttE for the post

 

But that's my point, they haven't even complied according to Carey. They have sent no agreement whatsoever - not even a cut and paste job but they then talk about 'your agreement' in their letters. They will not/ cannot admit that they dont have one and are obviously attempting to mislead me - which is against OFT rules.

 

I am still trying to figure out the best way to alert any authority that might listen

[dx100uk]

if you read some threads here

thats all anyone ever gets out of BC is a set of T+C's

 

if/if not its enforceable

or

if they do/do not have an agrreement

or

can produce as reconstructed one or not

is anyone guess

 

 

BUT TBH: if you did have an A/C with them,

i would not rely on a 'paperwork' error stopping you getting a

court claim.

 

dx

[slick132]

Hi Linian,

 

Dx is absolutely right here.

 

BC have complied with s.78 adequately by supplying their T&C's. They have no obligation to supply the actual credit agreement. They are able, therefore, to continue pursuing the debt.

 

BC tend not to resort to court action in most cases, but use in-house DCA's to chase a/c's.

 

Even if they don't have the original credit agreement, they could use a reconstruction if they want to take court action.

 

Are there penalty charges on the a/c, or PPI. These can both be reclaimed with interest to reduce the a/c balance. Claiming compound interest in restitution can put a big dent in the debt.