Barclaycard - no CCA

[fuzzybrain]

I wrote to Barclaycard in jan and asked them for a copy of my CCA. All i got back was pages and pages of Terms and conditions - no sign of an CCA, blank or otherwise.

I wrote back and put the account in despite, but have heard nothing from then expect to receive statements each month, so I decided to ignore it and wait until they put up or shut up sort of speak.

Anyhow today i got this letter from Calders. Time to send them the account in despite letter me thinks........

[Mochamoo]

Re: Barclaycard - no CCA

Ohh before you post it I saw this on another post (somewhere on here, can't remember where lol but I copied and pasted it at the time cause I liked it x)..... see if you can wiggle it into the acc in dispute letter

Whilst the account is in dispute you are not allowed to charge any interest on the account, not make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit refernce agencies (or any third party).
To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.
The requirement for consent to share data is a clear requirements of the Data Protection act 1998. Any such attempts to share my data without consent will be met with a complaint to the information commissioners office.

[fuzzybrain]

Re: Barclaycard - no CCA

I sent calders the letter and they never responded to it in any way, however in the post this morning i got a letters that was headed Settlement Opportunity Available!!

Apparently Barclaycard have agreed to accept a settlement offer (I wasn't aware i'd asked for one!!)

I must call with 5 days to discuss repayment (letter is dated 22/09/09, so i've missed the boat on that one!!)

Should I send a copy of the firsyt letter to them?

[fuzzybrain]

Re: Barclaycard - no CCA

Calders have just sent me a postcard stating that they are visiting me on 28/10/09. As the kids are on half term that week, but got me a bit concerned so i boke the golden rule of phoning them!!!

Anyhow they are insisting that they have complied with the CCA request (despite they haven't sent me a thing, plus i never asked them to!! they orginial request was made to BC in Jan 09) They state they only have to send the T&C out.

Anyhow told them very politely to bog off and i wasn't making any payment until they sent CCA that was compliant.

They said they would only supply this if i took them to court and a judge ordered them to supply it, so i said when you take me to court a judge will order it so why not send it to me know and settle this once and for all??? They then said this point they had no plans to take me to court!!!

I have sent them 3 letters stating the account is in dispute, so what what do i do now???

[Ruby]

Re: Barclaycard - no CCA

Hi Fuzzybrain, I am having the same dispute with Barclaycard as you. No agreement supplied only T & C's. So far BC have not replied back to my letter stating the account is in dispute however I will not be surprised if I get a postcard out of the blue requesting a home visit. Remember you don't have to let anyone in that you don't want, that's what the front door is for! If they have no plans to take you to court what is the point of a home visit? What is that supposed to accomplish? Maybe someone can answer that. Reading Calders letter it states that they will either visit you or take court action. Perhaps writing to them saying that since you have been given a choice you prefer to be taken to court - cheeking I know, but what they hell.
Kind regards
Ruby

[Tools]

Re: Barclaycard - no CCA

Fuzzy, I must have had dozens of those cards through my letterbox in the past, ignore them, they are just a scare tactic they never showed up at my address. If they do ignore them. However, do keep them safe you may need them later.

[fuzzybrain]

Re: Barclaycard - no CCA

Thanks for the responses - its more that i will be at work when they are due to call and the kids (well teenagaers) will be at home (half term) so may answer the door to them, just wanted to avoid any difficult situations tbh.

Are Calders just an other of BC's in house agencies???

Thanks for the advoice Tools - postcard is safetly stuffed in the filing draw, just incase of future action!!!

[fuzzybrain]

Re: Barclaycard - no CCA

Just had another calll from Calders, on the plus side the woman was extremely polite and friendly!!

However she gave me several pieces of information that really puzzled me - it seemed as if she was going round in circles.

First
she told me that they did not have to send a copy of the agreement out, only T&C and once i started using the card then i accepted the T&C and enforceability didn't matter.

Once this failed to get a payment out of me she informed me that no one has ever won an enforceability case and that i would lose and then have to pay costs etc

Then when this failed she said that even if i did win i would have to pay back 30% as a relative of hers did this - so she was offering me a reduction to 30% of the balance to save us all the trouble and stress of a court case.

When this failed she told me that they would put the case of hold for 7 days for me to reconsider my options after that they will commence legal action against me

Do I just wait for the court papers to drop through the door?

[Budgie]

Re: Barclaycard - no CCA

Just had another calll from Calders, on the plus side the woman was extremely polite and friendly!!

However she gave me several pieces of information that really puzzled me - it seemed as if she was going round in circles.

First
she told me that they did not have to send a copy of the agreement out, only T&C and once i started using the card then i accepted the T&C and enforceability didn't matter.

Once this failed to get a payment out of me she informed me that no one has ever won an enforceability case and that i would lose and then have to pay costs etc

Then when this failed she said that even if i did win i would have to pay back 30% as a relative of hers did this - so she was offering me a reduction to 30% of the balance to save us all the trouble and stress of a court case.

When this failed she told me that they would put the case of hold for 7 days for me to reconsider my options after that they will commence legal action against me

Do I just wait for the court papers to drop through the door?

Polite and friendly and willing to reduce to 30% of outstanding balance. Sounds a bit to me like they know they haven't got a leg to stand on and are trying to sweet talk you into making payments.

Just ignore them fuzzy, I doubt very much if they will either visit or commence legal action. Everyones seems to be waiting the outcome of various test cases over the next month or so to determine the issues in these CCA cases so I suspect nothing will happen until judgments are made available. In the meantime it is obvious they will try every possible tactic to get you to part with money.

[fuzzybrain]

Re: Barclaycard - no CCA

Money - what money!!! They have more chance of moses parting the waves than they have of me paying them!!

I did get the feelign it was all a bit desperate on their part - especially when i said - fine tae me to court, maybe that way i'll get my agreement - she went a bit quiet then made the offer of paying 30% of the balance - coz that what her relative had to pay when he won his case!!

She was very flustered when I said that she just told me that no one had won a case, and i would definately lose if it went to court so how come she was now saying some one had one??? Even more so when i said that if i won why would i pay anything anyhow???

I like the 7 days to reconsider my actions - sounds like the chats i have with my daugthers some times!!! - should I spend this time on the naughty stair???

[Ruby]

Re: Barclaycard - no CCA

Hi all. Does anyone know whether Barclaycard have been taken to court yet by anybody or are these cases still in the pipeline for the near future? It seems astonishing how many people have just got generic T & C's out of them and no agreement - talk about pandora's box!

[dizzyking]

Re: Barclaycard - no CCA

I have had a similar experience with barclay card, I wrote to them in August asking for a copy of the CCA, I phoned them in September to find out why I had not received a reply, to be told the post was very slow and they may not have received the request. I then asked if this was the case how it was they had been able to cash the £1 cheque that I had enclosed with the request. I finally received a reply, only to find it was just the terms and coditions, another phone call, they said they had misunderstood. I received another letter with the same set of terms and conditions. I have now cancelled my direct debit. should i wait for them to get in touch with me about payment or should i write and ask them to reduce balance to zero.

[Ruby]

Re: Barclaycard - no CCA

I may be wrong, but I have yet to hear on LB anybody having success reducing their balance to zero, or having much success with them at all with regard to these CCA cases. If you stop paying they will just bombard you with calls and the usual 'bully tactics' to try and get money out of you. This has been my experience so far - but I'm not giving up.

[Londoneye]

Re: Barclaycard - no CCA

We have test cases in November v Barclays and their T's & C's only response. We are currently dealing with a "negotiator" regarding other cases where Barclays have issued claims against our clients. Watch this space......

[LuggerBugs]

Re: Barclaycard - no CCA

Reading between the lines, it seems to me that no agreement is ever forthcoming from BC due to the simple fact that they are never compliant anyway.

If (and it is a big IF) this is the case, then they are in default of any CCA request. Obviously, if there IS no agreement, they cannot magic one up, and so they are correct in their premise that they have complied with your request.

I wish the 2006 amendments hadn't removed the "criminal default" element. :tinysmile_twink_t2: