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T2THEPOWEROF2

Monument - unenforceable?

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in need of some experienced advice please.

 

As this thread appears from many to be the most recently added to I am putting this question here, please accept my apologies if I have put it in the wrong place !

 

In March a company acting for me sent a CCA request to barclays in regard to a loan I have with them.

Barclays failed to provide any paperwork whatsoever upon that request.

In May I wrote to Barclays and demanded they wipe off the alleged debt in light of their failure to comply with the CCA 1974 by failing to supply any paperwork as requested in the CCA.

 

This month I received the following letter from Barclays which I will have to type in as I cannot figure out how to post a scanned pdf of it here;

 

________________________________________________________________

 

BARCLAYS

Manchester City Office

51 Mosley Street, Manchester M60 2AU

 

Mr

Our Ref:

 

09 July 2010

Thank you for your request for a copy of a credit agreement and financial statement.

We are please to provide you with a copy of your credit agreement and a financial statement.

Sections 77 and 78 of the Consumer Credit Act 1974 (as amended) do not require Barclays Bank

to provide you with a signed original form of the credit agreement and in accordance with the Act

it is not tbe policy of Barclays Bank to provide this.

Yours sincerely

Operations Manager

Barclays Bank PlC. Authorised and regulated by the Financial Services Authority.

 

________________________________________________________________

My questions are, are they speaking the truth ? Do they have the right not to comply with the CCA 1974 ? If so, how come ?

 

Any guidance anyone can give would be very much appreciated,

thank you

 

PS: I forgot to mention, the copy agreement they sent me is not signed at all.

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Hi Barklays are correct in this that is why some CAGers dont use CCA request but use SAR full data request to have them supply all data they hold on you including your agreement. If under SAR they do not supply agreement then I sent them the account in dispute letter and stopped payments. They have tried every thing including DCA,s. Big give away is that none of them have issued court proceedings.

 

dpick


cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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Hi Barklays are correct in this that is why some CAGers dont use CCA request but use SAR full data request to have them supply all data they hold on you including your agreement. If under SAR they do not supply agreement then I sent them the account in dispute letter and stopped payments. They have tried every thing including DCA,s. Big give away is that none of them have issued court proceedings.

 

dpick

 

Thank you dpick, I will get onto a subject access request first thing in the morning.

Edited by T2THEPOWEROF2

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I have received what looks like an application form from Monument, as part of disclosure for a court case. (they are taking me to court)

The case is due in court Jan 2011 and I would appreciate any guidance as to whether what they have provided is legally binding or are they just flying a kite !

 

Can anyone please direct me to the correct thread where I can post a copy of what they have supplied ? In order that someone who is up on this can advise me if they have a provided a legally binding agreement or a UCA and are hoping I wont know the difference !

 

many thanks

T2

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I have received what looks like an application form from Monument, as part of disclosure for a court case. (they are taking me to court)

The case is due in court Jan 2011 and I would appreciate any guidance as to whether what they have provided is legally binding or are they just flying a kite !

 

Can anyone please direct me to the correct thread where I can post a copy of what they have supplied ? In order that someone who is up on this can advise me if they have a provided a legally binding agreement or a UCA and are hoping I wont know the difference !

 

many thanks

T2

 

UPDATE,

 

Monument didnt bother to comply with the disclosure rules of the CPR, despite paying the hearing fee. Due to their default the application was struck out mid December 2010. That would appear to be the end of that one !

I have heard nothing whatsoever since.

 

Still battling CapOne, they continue to maintain that a short application form constitutes a Credit Agreement, of course I have to disagree with them ;) I have told them, twice, I have told 3 of their agents/collectors 5 times, unless you can produce a signed and lawfully executed agreement, then you would be wise to stop harassing me, its now been referred back to Capone by the third lot of collectors, and for the 5th time, I will update as things unfold.

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 3190 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you
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