Tweet
Hi guys,
I sent Barclaycard the following:-
Dear Sir or Madam
I write with reference to the alleged debt which you are claiming on the above accounts.
For the following reasons I can confirm that only a partial payment is due on the balance of the above accounts, the remaining amount is made up of unfair charges:-
1) Goldfish/Barclaycard sent me Credit Card Cheques which were unsolicited and have been banned by the UK government.
2) Goldfish/Barclaycard do not hold any valid or true copies of Consumer Credit Agreements which are legally enforceable.
3) I now understand that the regime of fees which Goldfish/Barclaycard have been applying to my accounts in relation to late fees and over limit charges, are unlawful at Common Law, Statute and recent Consumer regulations.
I will pay £0,000 and I want to offer this an ex-gratia payment in full and final settlement of the account.
This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this alleged debt in any way whatsoever and that I will be released from any liability.
I also request that, if accepted, you will make an entry on a credit reference agency file relating to the above account as "satisfied" in full.
Payment can be made within 2 weeks of receiving your written agreement of this offer and method of payment.
I look forward to receiving your reply.
I got this for one of the accounts this morning:-
Reference: SECTION 78 of the Consumer Credit Act 1974
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
. The current balance on your account today is
. The next minimum payment of £ is due on
Please note, a copy of your current Barclaycard Credit Agreement will be sent under separate Cover.
You will be receiving your next statement shortly which will provide you with full details of your account.
With refernce 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 48.1 (2)).
While there is no formal obligation on our part to provide documentation in answer to Validation 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 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 Agreement 1974,
Yours sincerely,
Barclaycard Customer Service.
What does the above mean?
I sent Barclaycard the following:-
Dear Sir or Madam
I write with reference to the alleged debt which you are claiming on the above accounts.
For the following reasons I can confirm that only a partial payment is due on the balance of the above accounts, the remaining amount is made up of unfair charges:-
1) Goldfish/Barclaycard sent me Credit Card Cheques which were unsolicited and have been banned by the UK government.
2) Goldfish/Barclaycard do not hold any valid or true copies of Consumer Credit Agreements which are legally enforceable.
3) I now understand that the regime of fees which Goldfish/Barclaycard have been applying to my accounts in relation to late fees and over limit charges, are unlawful at Common Law, Statute and recent Consumer regulations.
I will pay £0,000 and I want to offer this an ex-gratia payment in full and final settlement of the account.
This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this alleged debt in any way whatsoever and that I will be released from any liability.
I also request that, if accepted, you will make an entry on a credit reference agency file relating to the above account as "satisfied" in full.
Payment can be made within 2 weeks of receiving your written agreement of this offer and method of payment.
I look forward to receiving your reply.
I got this for one of the accounts this morning:-
Reference: SECTION 78 of the Consumer Credit Act 1974
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
. The current balance on your account today is
. The next minimum payment of £ is due on
Please note, a copy of your current Barclaycard Credit Agreement will be sent under separate Cover.
You will be receiving your next statement shortly which will provide you with full details of your account.
With refernce 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 48.1 (2)).
While there is no formal obligation on our part to provide documentation in answer to Validation 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 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 Agreement 1974,
Yours sincerely,
Barclaycard Customer Service.
What does the above mean?
Comment