Barclaycard issues with defaults & CCA

[noogie]

I should know this but the deeper I read the more unsure I am which to use.

Under which section of the CCA should I request an agreement with the £1 postal order.

I know not to sign it but print my name but I read somewhere if you make request under the wrong section the company have a way out

Can anyone advise please

Thank you

[renegadeimp]

http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter

[noogie]

Fab thank you for quick response

[noogie]

have been paying a credit card company Arrangement to pay for the last 5 yrs

 

have increased the payment and now my payments are on track weel above minimum payment per month

but when I asked if I could return to normal payment (currently paying more than equal to MIn Payment)

they declined saying it had gone on too long and the account was closed.

 

I didnt want the card back just trying to repair my record from earlier problems.

 

I dont thinl they have an agreement as they promised to send on and never have

 

also I want them to review excessive charges etc so I am starting with the request

 

Any help is appreciated though

[dx100uk]

whos the card with

whom are you paying?

 

dx

[noogie]

Hya, Sorry for the delay.

 

The card is with BArclays HAve written for copy of agreement .

 

I will send seperate letter as I want them to check charges etc.

 

Also checked my credit file and the company Checkmyfile have been reporting my status each month as D which looks awful.

 

I have also queries this as I believe you can only default once .

 

I had a rough few months which caused the default in the first place but came to an agreement with them

and now my payments are above what the minimum payment would have been

[dx100uk]

moved to the barclay card forum & retitled

 

the 'Ds' will be markers not default notices

 

if it was defaulted you'd have a specific date on the account summary or heading

 

get a diff cra report unless CMF shows more than one cra details.

 

get an sar off to BC and look for those charges to reclaim

 

dx

[slick132]

Agreed,

 

If you want to "check for charges", send a formal SAR or BC may ignore the request.

 

[noogie]

Background

I had money problems 6 yrs ago and this company was one om the creditors.

 

I fell behind and then had an arrangement to pay which I have maintained for over 5 yrs without fail and also increased when I could at their request.

 

I am now at the stage where my monthly payment would exceed the minimum payment required.

 

I noticed on my credit file that they constantly report "D" every month.

 

This month I was in a position to offer a partial settlement which they refused,

 

I wrote to them requesting a copy of my agreement as I believed If I started there I could carry on checking excessive charges and PPI.

 

Today I have received what they have referred to a reconstituted copy of my agreement

and underneath that a typed 2 line entry which represents a statement of my account which is as follows

 

The current credit limit on your account is £0.00

The current balance on your account is £3311.12p

 

They go on to say they are unable to provide a copy of the terms of my credit agreement

as varied in accordance with section 82(1) of the Act and they accept that they are therefore prevented from enforcing their agreement with me whislt this state of affairs continues.

 

It is the next paragraph that has really got my goat and I write word for word

Quote

 

Notwithstanding that we cannot currently enforce the agreement, our rights continue to exist under the agreement.

 

You should therefore continue to pay the debt that has accrued on your account.

 

We can and will continue to take any action short of enforcment, which includes reporting to credit reference agencies

without also telling them that the agreement is currently unenforcable, demanding payment, issuing a default notice to you

and instructing a third party to demand payment or otherwise seek to procure payment

 

.We refer you to the case of Philip McGUFFICK V The Royal BAnk of Scotland 2009 EWHC 2386

in which was held that none of these steps constituted enforcement for this purpose.

 

They then refer to case CArey V HSBC 2009 re unreasonable relationship cannot be said to have arisen between them

and me as a result that they have not complied with section 28 of the act

and that they will oppose any alleagation of that

 

The last paragraph states as follows

 

"we know that your account is not in dispute because of any delay in providing your copy documents as section 78(6) was repealed on 31st MAy 2008.

 

It is now no longer an offence for a creditor to fail to comply with section 78(6) for more than one month.

 

The other document they saent was BArclaycard Agreement a copy for your records (Nothing to do with me just definitions liabiliities etc and Barclaycard conditions of Use

(the title being uside down on the copy again no reference to me just pre printed garbage.

 

Now I would like to reply with a letter just as strong but with correct facts I am so angry at this as I have worked hard to clean up my file and they do this.

 

How can they threaten further default when they already have me defaulted on my file.

 

How can they report to credit ref agency and not give full facts

 

they openly state in letter they will report the account and not tell anyone that it is not enforcable.

 

Even Data protection states that information reported and recorded must be accurate,

 

I would appreciate any comments or views and thank you for reading:-x

[dx100uk]

they are correct

they can do all of the above bar going to court

 

now

 

what date is listed in the summary of the debt as the default date?

 

dx

[noogie]

they have the default listed as May 07 so off in June 2013 but

 

my point is they have already served me with default back in 2007 so how can they serve anoyher.

 

They want to report only partial information to CRA when dat protection states it must be accurate.

 

They state they are not obliged to send copy of agreement which they should

 

I have spoken to them since this post and they are looking into correcting all the D on the file.

[renegadeimp]

Just to point out, the SB time can be up to 6 months before the registered default date.

[dx100uk]

but as the debt goes in a couple of months

 

if they change that default date you are stuffed

 

pers i would not have phoned them.

 

one a debt has been defaluted, it cannot be defaulted twice

 

once the debt drops off on the defaulted dates 6th birthday - its GONE

nothing can bring the debt back.

 

however, dont confuse a marker of 'D' as a default notice

it is not.

 

dx

[noogie]

Thank you all sometimes it helps to sound off.