Enaid v Barclaycard ***Settled***

[Fendyweather]

I will drop you an e mail Enaid.

Fendy xxxx

Plus I would advocate harrassing them by e mail i.e. will settle for XXX to settle prior to court date, etc. etc. knocking a tiny bit off to be seen to be far in Judgey pants eyes. etc. etc.

Again I dont mind e mailing a copy of something I sent to Abbey MBNA yesterday that got them to settle early today.

Fendy xxxx

Dont worry though. It will be fine. Standard stuff. You can go with your son, ok, you might not represent him but you can go with him and help him understand whatever judge says. Dont worry hun. It will be fine, the judges in these cases are very very kind I have found seeing as we are litigants in person, and no uber legal brained up. Each Judge I have dealt with has been very patient and very understanding. PLEASE DONT WORRY. It truly will be fine Enaid. Honest.

Right, E mailing some stuff over to you hun. Give me ten mins.

Fendy xxxx

[enaid]

I need something for the CCA non compliance as after 19th July they are in deep doda for not supplying it, also we need them now really as part of our bundle.

[enaid]

Ok,
As stated above barclaycard have failed to supply the CCA within the time limits. I have a special directions hearing on 24th August.
I am now going to attempt a letter to inform them of the fact that they committed a criminal offence now by not complying and the reason I requested the CCA and T&C'c was to include them with all my correspondence etc that i may need for the said hearing.
First of all can I just check it is a criminal offence?
Secondly would you say hearing or court bundle as to why I needed info?

[enaid]

address account number etc

Dear Sir,
I wrote to your Northampton address on 31st May 2007. The letter was a request under sections 77 and 78 of the Consumer Credit Act 1994 for a true signed copy of alleged agreement with yourselves. I also included a request for the T&C's that were in force at the time I opened my account with you. I also enclosed a cheque for £1 this being the relevant fee I believe.
The letter was deemed delivered and signed for on the !st June 2007.
As you will be aware failure to supply this information within 12 working days+ 1 calander month is a criminal offence and is punishable by a fine of up tp £2500 and/or 6 months in prison.
You will also be aware that failure to comply and supply the agreement within the time, makes the debt unenforcable. I am therefore within my rights to suspend payments to this account.
I have requested this information, as it has become clear to me, that this in fact is a very important part of my preparation for my case against yourselves for Unlawful Penalty Charges.
This is case No 7QZ60811 and I am due for a Special Directions Hearing on the 24th August at my local court regarding this claim. I will no doubt be obliged to mention the fact that you have failed to supply me with the information I require.
If you would prefer to settle this matter before the court hearing date and prevent any possilbe repurcussions to yourselves relating to this matter.
I am willing to accept the total amount of my claim which includes interest and court costs up to date of £459.73p. This you can pay directly into my accout.
yours faithfully Enaids lad

[archer_66]

enaid that sounds good to me not long now hopefully! x
i have to put mine into court i just havent had the time though

[enaid]

Thanks Archer, I wantAme to have a look, just trying to get it over with butthey don't half mess about these lot, I know they all seem bad at the time, but these seem to get away with all sorts.

[archer_66]

sounds like the people doing my natwest claim!! lol

[LuggerBugs]

As you have already SAR's them Enaid, the agreement really should have been integral to the documentation that was supplied. As a SAR doesn't just relate to getting your statements, but should include everything they have.

As they clearly haven't supplied everything in response to your SAR (which they have 40 days to comply with), they have also breached the DPA. I'll have a look for the exact sections, and let you know. Wouldn't harm letting them know this either, and getting a letter off seperately. I'll have a go at one tonight. It will also demand that they give you the name of their data controller. Probably won't get it, but nice to scare them anyway.

I've just recently started in on BC too, so we can have fun with them together.

[enaid]

Thanks Lugger, Yes I know it's the Data cotroller who goes to prison lol :banana:
They didn't cash the cheque either, but Cap1 and Monument didn't cash the cheques, so I took that as it was the norm.
Just checked the envelope with Barclaycard statements in, there is definately no T&C's and copy agreement. Mind you when I first sent of my SAR there was no talk of the CCA and T&C's being essential.

[LuggerBugs]

Doesn't matter. The flood of SAR's meant that a lot of them just assumed that all you were after was your statements because of the claims being so widely publicised. It's not your fault they jumped to the wrong conclusions. I'll email you later tonight.

Could you let me see what your first SAR said though?

[enaid]

It would be the standard SAR request off cag, hope I said that quiet enough lol

[LuggerBugs]

:devil:

[enaid]

Am I in trouble lol?

[enaid]

Lugger,
Have you sorted it yet?
I need to get it off soon, please. Eanid x

[LuggerBugs]

Check your mail Enaid. Soz.