Robinson way/Barclaycard advice please

[Gladstone]

Hi, New to this site but wondering if someone can give some advice.
I've had a Barclaycard since the 90's. Ran into trouble and stopped paying the minimum amount around 2010.
Been with various dca's and paid a token amount. Robinson way took over last year. I've not paid but sent them a cca request. On Saturday I got a print out of t & c's and one line of a transaction from a 2009 statement. They've given me 14 days to contact them (although the letter was dated 26/9 and I only got it sat) or they may refer me to Howard Cohen who may take legal action.
I just wanted to see if they are likely to take me to court without an agreement. Am going to write to them with a minimal offer, can't afford much as having hospital treatment at moment and not working.
Would this be a good idea, don't think I could cope with court action.
Thanks in advance, G

[charitynjw]

Re: Robinson way/Barclaycard advice please

Hi Gladstone & welcome to LB

Have they sent you a copy of the original agreement showing your signature?

[nemesis45]

Re: Robinson way/Barclaycard advice please

Hi, New to this site but wondering if someone can give some advice.
I've had a Barclaycard since the 90's. Ran into trouble and stopped paying the minimum amount around 2010.
Been with various dca's and paid a token amount. Robinson way took over last year. I've not paid but sent them a cca request. On Saturday I got a print out of t & c's and one line of a transaction from a 2009 statement. They've given me 14 days to contact them (although the letter was dated 26/9 and I only got it sat) or they may refer me to Howard Cohen who may take legal action.
I just wanted to see if they are likely to take me to court without an agreement. Am going to write to them with a minimal offer, can't afford much as having hospital treatment at moment and not working.
Would this be a good idea, don't think I could cope with court action.
Thanks in advance, G

Hi, welcome to LB,

As [MENTION=5553]charitynjw[/MENTION] has sais is there an agreement?

Does the document (s) received have your name and address as it was when the account was opened?

Are there 2 sets if Ts & Cs?

It seems this is an attempt to produce a " reconstituted copy of the agreement and as such it seem to be lacking.

Can you please post copies of what you have received so we can see if the " agreement" is compliant with CCA 1974.

nem

[Gladstone]

Re: Robinson way/Barclaycard advice please

Hi and thanks!
No signature or agreement, just t&c's and this weird one line statement showing a payment in 2009.

[Gladstone]

Re: Robinson way/Barclaycard advice please

No name and address, one set of t &c's. My name does appear on the statement.
Can't remember exactly when I got the card but I know it was in the 90's
There covering letter says please find a copy of the statements and agreement as requested. We trust this satifies your query. But there's no agreement. I did read somewhere that they can do this??
Have a hospital appointment now so will read up and try to sort out how to post the letters.
Many thanks for your replies
G
Sorry, the statement has my name and address

[nemesis45]

Re: Robinson way/Barclaycard advice please

Hi and thanks!
No signature or agreement, just t&c's and this weird one line statement showing a payment in 2009.

OK the attempt to create a " recon" agreement that is of no merit because a recon must have:

1. Your name and address exactly as it was when the account was opened.

2. The original creditors name and address as it was when the account was opened.

3. The T's & C's relevant when the account was opened.

4. The T's & C's When the account was closed.

5. Any other documents mentioned in the T's & C's.

6. The whole lot must be easily legible in ALL parts.

So what you have it seems is Not compliant with the CCA request.

nem

[charitynjw]

Re: Robinson way/Barclaycard advice please

I've had a Barclaycard since the 90's

A pre-2007 agreement..........no signed copy produced.

http://www.legislation.gov.uk/ukpga/...on/127/enacted

(3)

The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

[Gladstone]

Re: Robinson way/Barclaycard advice please

Brilliant, thanks so much.
Should I write and tell them they haven't complied?
Thanks again

[charitynjw]

Re: Robinson way/Barclaycard advice please

Brilliant, thanks so much.
Should I write and tell them they haven't complied?
Thanks again

Do you want to challenge the claim, or negotiate a payment offer?

[nemesis45]

Re: Robinson way/Barclaycard advice please

Brilliant, thanks so much.
Should I write and tell them they haven't complied?
Thanks again

You can inform them if you wish, but there is no mention of any court action so far?

When was the account defaulted, when was the last payment/transaction.

As [MENTION=5553]charitynjw[/MENTION] say no original signed agreement it's unenforceable.

If you would like a letter drafted let me know.

nem

[Gladstone]

Re: Robinson way/Barclaycard advice please

The last payment was about 18 months ago. I was paying a £5 token payment to mkd who sold it on to Robway in January I think.
So is it best to ignore? It was the solicitor threat that worried me.
Not sure I'm confident to challenge it. Could just tell them I will pay £5. Finance tight until I can get back to work
Thanks, G

[nemesis45]

Re: Robinson way/Barclaycard advice please

The last payment was about 18 months ago. I was paying a £5 token payment to mkd who sold it on to Robway in January I think.
So is it best to ignore? It was the solicitor threat that worried me.
Not sure I'm confident to challenge it. Could just tell them I will pay £5. Finance tight until I can get back to work
Thanks, G

It's just that G threats they don't the agreement so it's all they can do.

nem

[Gladstone]

Re: Robinson way/Barclaycard advice please

Thanks Nem

[charitynjw]

Re: Robinson way/Barclaycard advice please

If it was me, I'd also be doing some forensics on the T&C's sent to you.
As nem indicated earlier, to comply with your CCA request you should have been given the T&C's which were applicable when you signed the agreement, plus any subsequent variations.
We do have some examples in our library - http://www.legalbeagles.info/forums/...ements-Library

[Gladstone]

Re: Robinson way/Barclaycard advice please

Thank you Charitynjw and Nem,

Hope this is ok. There is also a 1 line of a statement from 2009 with my name and address and amount outstanding on it.
Will also have a look at the library

Thanks, G