Benno and resolve call

[BRIGADIER2JCS]

Does this have TS & Cs as at inception and closure of the account.?

[benno79]

Hi,

 

 

I received two sets of tandcs which are now attached.

 

thanks

 

Ben[ATTACH=CONFIG]39850[/ATTACH]

[dpick]

Hi,

 

Reconstituted credit agreement from Capone attached. I though the days of reclaiming default charges were long gone?

 

thanks

 

Ben[ATTACH=CONFIG]39849[/ATTACH]

 

You can still reclaim charges etc on Credit cards and loans

 

dpick

[benno79]

Thanks for all the advice, how do I go about reclaming charges? I've no idea how much of the balance is made up of charges? Are these just the charges when it was £25 or also the £12 charges? I have read that people who have tried to reclaim the £12 charges have been rebuffed because it wasn't considered an unfair charge.

 

thanks

 

Benno

[dpick]

you can reclaim all charges £25 and £12 all that was said was that they would not investigate charges of £12 many CAG members have reclaimed the £12 charges myself included.

 

dpick

[citizenB]

Capone will indeed attempt to avoid refunding the £12.00 charges.. but if you dont ask, you dont get and others have managed to obtain these with a little persistence

[BRIGADIER2JCS]

CB is dead right demand repayment!!!

[benno79]

Thanks folks, is there a template letter to reclaim the charges? I'm not sure how much I have paid in charges but it will be a lot.

 

Thanks

 

Benno79

[citizenB]

If you dont have your statements then you will need to obtain them by way of Subject Access Request - this will cost you £10.00 and the company has 40 calendar days with which to comply.

 

It would be foolish to simply write demanding the charges back if you dont know the value of the claim.

[benno79]

Hi All,

 

I've received a letter from rma regarding a potential doorstep recover as follows

 

Dear xxxxx,

 

We are writing to formally notify you of our intentions to forward your account to Scotcall LTD, a doorstep recovery agency.

 

We have repeatedly attempted to reach a suitable agreement with you to recover the money owed to our client (sharklaycard) £1,085.26. Regrettably, we have been unsuccessful and must not consider referring this matter to our recovery agents.

 

In such instances, Scotcall may visit your home in order to discuss your financial situation and to agree a suitable repayment option.

 

This is not our preferred course of action and if you wish to avoid this then you must either pay the full amount or contact our offices directly on 01772 843045 withing 14 days of the date on this letter to discuss your repayment options.

 

Please note there will be no further correspondence from us before we refer the matter to our recovery agents.

 

All correspondence, with our reference number clearly quoted should be sent to,

 

Rma

etc

 

the reason I haven't done anything with this is that I have been waiting for sharklaycard to respond to a cca request in September.

 

They finally responded on the 8th January. Included was the t&cs when I signed up and the t&cs when I defaulted. There was no signed credit agreement.

 

There letter reads.

 

Dear mr. xxxx

 

Barclaycard services

 

Acount Number xxxxx

 

Reference: Section 78 of the consumer credit act 1974

 

I refer to your request for information dated 14/09/12

 

The information we must provide to you under the terms of Section 78 of the Consumer Credit Act 1974 (the "Act") is prescribed by the Act and by the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. Section 78 of the Act provides that, where a creditor receives a Section 78 request, the creditor shall give the debtor a copy of the executed agreement (and any document referred to in it) and a statement of the account.

 

I enclose a reconstituted copy of your credit agreement together with a copy of the terms of your credit agreement as varied in accordance with section 82(1) of the Act. This is a statement of the terms of your agreement with us and incorporates any variations to the terms made since you entered into this agreement. However, the interest rates, fees and charges set out in the agreement, may differ from those we have discussed with you, due to the current status of your account. We know that your account is not in dispute because of any delay in providing your cipy documents as Section 78 (6) (b) was repealed on the 31st May 2008. It is now no longer an offence for a creditor to fail to comply with s78(6) for more than one month.

 

A statement of your account is below:

 

The current credit limit on your account is £0.00

 

The current balance on your account today is £1,085.26

 

Due to the current status of your account, the full outstanding balance is now due.

 

This completes our obligations under Section 78 of thr Act.

 

With regards to your request for a true copy of the deed of assignment; I must inform you that this document is not applicable to your account as we are the original creditor defined in section 189 of the Consumer Credit Act 1974 and therefore no assignment of credit has taken place,

 

With regards to you reference to sections 5(2), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008, we do not accept there there is any basis to assert that we have not fully complied with our obligation.

 

Yours sincerely

 

April Hodgson

 

Barclaycard Customer Services.

 

I know I can tell Scotcall to sling their hook but I'd rather they didn't come around in the first place. I thought the whole purpose of the cca was to get a signed copy of the original credit agreement. Barclaycard haven'e supplied this but say they have complied?

 

I'm a bit lost, can anone advise please.

 

Thanks again

 

Benno

[BRIGADIER2JCS]

The recon agreement satisfies section 77/78 CCA 1974 but my not satisfy a JUDGE,

[benno79]

Thanks for the reply, I just assumed if there was no signed cca then they wouldnt be able to enforce the debt. I guess I just need to fire off the no doorstep visits letter. I did that to Moorcroft and they sent someone anyway. I then ccomplained and then sent the debt back to the original creditor but I wonder if its sometimes better to just ignore the letters rather than letting them know you are still there.