Barclaycard reply to CCA request letters

[Ruby]

Re: Barclaycard reply to CCA request letters

I posted the letter to them this morning. I will also get FOS to chase them for an agreement, in case in the deep dark woods they do actually have one on me, however I very much doubt it as my account has been in dispute with them for six months with me continuously asking them for a true copy of my CCA and just getting a generic copy of T & C's instead. They come back with the same standard letters they sent everyone and it is true, BC do not acknowledge the account in dispute they just pass your details to Mercers or Calders. Please feel free to roam around the other threads posted by others about BC, they are truely enlightening.

[geeza]

Re: Barclaycard reply to CCA request letters

Hi everyone, I need help!

exactly the same situation as roadrunner, i sent off 2 seperate CCA requests for my 2 barclays credit card accounts, and they have replied to both of them seperatly this:

I write further to your letter requesting a copy of your executed agreement for the above account.

The information we must provide to you under the terms of section 78 is prescribed by the Consumer Credit Act 1974 and by the Consumer Credit (cancellation notices and copies of documents) Regulations 1983. Under Section 78, we must supply you with a copy of your executed agreement and a statement of account which is practicable to refer.

- the current credit limit on your account is £X,XXX.XX
- the current balance on your account today if £X,XXX.XX
- the next minimum payment of £XX.XX is due on 12/01/10

Please note, a copy of your current Barclaycard Credit Agreement wil be sent under separate Cover.

You will be receiving your next statement shortly which will provide you with full details of your account.

With reference to the Civil Procedure Rules (the “CPR”). We have provided you with sufficient information to allow you to understand our position. The CPR does not confer an automatic entitlement to documents before proceedings start. CPR 31.16 provides that a party may apply to the court for pre-action disclosure in certain limited circumstances, which do not apply here. The application must be supported by evidence- and the usual order is for the applicant to pay the costs of the application, including the respondent’s costs, together with the respondent’s costs of complying with any order that is made as a result (CPR 46.1(2)).

While there is no formal obligation on our part to provide documentation in answer to Validate of Debt correspondence, we have undertaken steps to provide you with the contractual terms under which your financial obligations arise and a statement of account.

I am fully satisfied that the sum outstanding by you remains legally due and payable. You should continue to repay the outstanding balance owed on your account in accordance with the terms of your credit agreement. If you do not, we may register a default against you with credit reference agencies, although we will formally notify you before doing so.

This completes our obligation to you under Section 78 of the Consumer Credit Act 1974.

they also enclosed 2 A4 sheets stapled together (they only enclosed this for my mastercard. for the visa just the letter was sent).

the first sheet:
''1990
CLASSIC A/C''

the second sheet is a photocopied document of alot of text under subheadings of:
our agreement. a copy for your records
Barclaycard Conditions of Use


What to do next?? i cant interpret this document they have sent me, my signiture is not on there.


Thanks
Geeza
p.s- is there a way i can attach documents on here???

[Roadrunner]

Re: Barclaycard reply to CCA request letters

Hi Geeza

I sent BC the following letter yesterday:

Customer Services Dept
Barclaycard
PO Box 5592
Northampton
NN4 1ZY


17th December 2009

Your references: XXXXXXXXXXXXXXX(x Dec 2009), XXXXXXXXXXXXXXX(x Nov 2009)

My account number: XXXXXXXXXXXXXXXX

Dear Sirs

Further to your correspondence dated XX November and XX December you have still refused to supply me with a copy of my Barclaycard credit agreement.

You say that the Terms and Conditions you sent me fulfill the requirements imposed on you by the CCA 1974.

I believe I am entitled to a true copy of the original executed agreement and ask that you either:-

1. Supply this as requested in my original formal CCA request of XX November 2009 and attached for your reference.

2. Confirm that you will not supply the copy agreement AND that this is your Final Response in the matter.

This will then enable me to raise a formal complaint with the FOS.

Please reply within 14 days from date of letter.


Yours sincerely


My intention is to get them to either provide what I asked for or report them to FOS and take it from there. I've been told that you need to get a final response from the CC before you can formally complain to FOS.

I will be commencing a reclaim of all late and penalty charges when I get the statements from my SAR request.

If anyone thinks I should be doing anything different then please comment. I suppose I could try the "Tools" approach and see what they offer and then pursue any shortfall once I get the statements?

Hope this helps Geeza.

RR

[Centium5000]

Re: Barclaycard reply to CCA request letters

This might be of help - the OFT debt collection guidance:

http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf

If you like the look of it, you could contact Consumer Direct and complain about BC's behaviour. The OFT can't act on behalf of individuals but if a number of people complain about them, they'll investigate whether BC is fit to hold a CC license.

This is in addition to whatever else you decide next and is all grist to the mill...

HTH
------------------------------- merged -------------------------------
Consumer Direct:

Consumer Direct is available on a single national telephone number - 08454 04 05 06 - from 0800 – 1830 Monday to Friday, and 0900 – 1300 Saturday, excluding bank holidays and public holidays.

[geeza]

Re: Barclaycard reply to CCA request letters

Hi RR,

Thanks for the advice. Did they also send you a copy of 'barclaycard conditions'? because this document is the CCA . wouldnt they argue that they did send us what we requested??


Thanks!!

[Roadrunner]

Re: Barclaycard reply to CCA request letters

Hi Geeza, yes they did send me a copy of the current BC Conditions but they have actually sent me (and you I think) two different sets of T&Cs - one from 1995 and the latest (current). However my signature or theirs or a date are not present anywhere so I cannot establish if I was ever provided with these before and if I ever agreed to them by signing and dating an agreement.

I don't believe that they have provided me with a properly executed or even complete agreement.

Can you scan what you were sent and upload so that I can compare with mine. I will try to get mine scanned and uploaded within next few days.

Not sure if this helps you any

RR

[geeza]

Re: Barclaycard reply to CCA request letters

Yeh I can certainly do that. Its already scanned on my computer. but I dont know how to upload it onto this website!!

[Roadrunner]

Re: Barclaycard reply to CCA request letters

Geeza

Found this in FAQs:

The administrator may allow you to use the attachment feature of this forum, which gives you the ability to attach files of certain types to your posts. This could be an image, a text document, a zip file etc. There will be a limit to the file size of any attachments you make.
To attach a file to a new post, simply click the [Manage Attachments] button at the bottom of the post composition page, and locate the file that you want to attach from your local hard drive.
After posting, the image attachments may display a thumbnail, depending on the forum settings. To view the contents of the attachment (if it is not already displayed) simply click the filename link that appears next to the attachment icon.

Hope that helps

RRunner

[geeza]

Re: Barclaycard reply to CCA request letters

Hi RR,

Thanks that helped alot!! OK so i hope these upload:

1) the first scan is the
''1990
CLASSIC A/C'' photocopied document they enclosed with the mastercard letter. for the visa card they didnt enclose this document. (the cut off text is not my fault! they sent it exactly how it appears here)


2) the following pages is the document they sent twice seperately (for visa and master). A letter was also attached saying ''thank you for contacting us. enclosed with this letter is a copy of your bcard terms and conditions. if you need any extra infomation or if you've any questions then visit our website''

------------------------------- merged -------------------------------
ok it clearly failed. tried it again aswell. i'll try find a way.... maybe i can try attach and send it to your email address??

[geeza]

Re: Barclaycard reply to CCA request letters

Hey RR, ive uploaded the documents on a website.. heres the link its in pdf format will take a while to load!! http://www.keepandshare.com/doc/view...d=1628554&da=y

[lisdav]

Re: Barclaycard reply to CCA request letters

Hi, firstly Happy New year to you all.

I have a barclaycard account that has been in dispute for the past two years due to no signed cca. They have passed it onto Mercers, Calder Financial and now Moorcroft. I just send them the I am bemused letter and tell them I will not discuss the account as it is in dispute then all Barclaycard do is pass it onto another collector. At the end of the day they have missed out on two years worth of payments by not providing me with my signed cca. I dont worry anymore as I have done all that I can and have documents / letters to prove it if they took me to court. Roll on 2010

[mothsinmywallet]

Re: Barclaycard reply to CCA request letters

I'm in the same boat. 2 years without making a payment to Barclaycard. They have sent to Debt Managers and Robinson Way, both sent the account back to BC when I provided them a copy of the poor unreadable microfiche application form. They have now passed to Westcot. I sent them a letter to say stop farming the debt out as there is no properly executed agreement. I got the 3 page response stating how they are in the right and everything is above board.

I have come to the conclusion like others here Barclaycard will never accept there is a dispute and will not reason at all. It looks like a long wait to get it statute barred. I am relieved to find the letter they sent was a computer generated one like some others have got. I am not going to respond to it as the ball is in their court. Its pointless trying to communicate with them.

Ironically I used to work at a debt collectors call centre a long while back before I got into debt. Their job is to harrass you to making a payment but if you turn round and say to them straight let it go to court then they will return to BC as they only get commission on what they collect and wont waste their money taking you to court.

[dizzyking]

Re: Barclaycard reply to CCA request letters

Ironically I used to work at a debt collectors cal centre a long while back before I got into debt. Their job is to harrass you to making a payment but if you turn round and say to them straight let it go to court then they will return to BC as they only get commission on what they collect and wont waste their money taking you to court.

The above quote is comforting. I have had exactly the same letters as all of the above posts, no agreement has been forth coming.
it has now been passed to Mercers. I havn't even bothered to reply to them.
I have no intention of making even a token payment, until I have a copy of the enforceable agreement in my hands.

[Ruby]

Re: Barclaycard reply to CCA request letters

I sent a letter to Barclaycard giving them examples of court cases recently that have essentially written off the debt because of lack of CCA agreements and asking them to do the same with mine as no CCA has been forthcoming since the middle of last year ( I have had the same standard letters and everyone else) however they have ignored my request. I am totally not bothered anymore. How many DCA's are there in the country? So far they have farmed the account to two, they will get fed up eventually.

[dizzyking]

Re: Barclaycard reply to CCA request letters

I have seen statue barred referred to in several threads, would someone please explain what this means.