Barclaycard help please, really confused about CCA

[Guest brightwhite1]

Hello,

 

Really hope i have posted this in the correct place. I'm getting myself really confused navigating the forums...along with all things financial!

 

I recently sent out requests for my agreements under the CCA. I must admit to not fully understanding matters despite trying to. I have had some replies, mostly refusals to supply the info. One that has replied is Barclaycard and they have sent me a photocopy of their Barclaycard conditions.

 

I don't really know what to do next. I called today saying I had requested a true copy of my agreement, but the legal department told me all they had to supply was what they did.

 

Could someone possibly tell me what I should be doing next?

 

Thanks very much.

[vexlitigant]

Hello,

 

Really hope i have posted this in the correct place. I'm getting myself really confused navigating the forums...along with all things financial!

 

I recently sent out requests for my agreements under the CCA.

How many requests. Who to, and what for (Loands, C Cards , Overdrafts?)

I must admit to not fully understanding matters despite trying to. I have had some replies, mostly refusals to supply the info. One that has replied is Barclaycard and they have sent me a photocopy of their Barclaycard conditions. Just a photo of the conditions? No persoanl details?

 

I don't really know what to do next. I called today saying I had requested a true copy of my agreement, but the legal department told me all they had to supply was what they did.

 

DO NOT call them, EVER! From here on in you must only correspond in WRITING. You cannot be easily hassled by letter, they cannot make ridiculous claims and then deny they have. You will have a complete record. You cannot have that with telephone calls

 

Could someone possibly tell me what I should be doing next?

 

Pop up a copy of what they have sent you. Scan the paper(s) into Photobucket, and put the link on a post in this thread. REMOVE any personal details though

 

Then tell us what else you are sweating on, and you will receive some more assistance.

 

Thanks very much.

 

Cheers, Vex

[Guest brightwhite1]

Hi,

 

Thanks so much for your reply, very much appreciated.

 

I will attempt to figure out how to use a scanner (...I know) and get it scanned if I possibly can! They just sent a photocopy of Barclaycard conditions with no personal details at all. An attached letter apologises for the delay, says it is a copy of my agreement at the time I opened my account and that the info is provided under section 78 of the CCA.

 

The letter says it completes their obligations. When i called the lady in the legal and regulatory complicance department tied me in knots and basically told me in no uncertain terms that that was all they were required to supply. I definitely won't phone again, lesson learned.

 

Ah...there are quite a few others, but my organisational skills are as bad as my financial skills.

 

Bank of Scotland (credit card) ignored me.

 

Cabot returned two postal orders for two Clydesdale accounts (loan and credit card) saying they were not obliged to supply the info and I should go back to Clydesdale. Thing is Cabot actually own my debts, not just manage them or so I have been told.

 

Egg (card) sent me a letter saying because I didn't sign the letter asking for my agreement they wouldn't send it unless i signed a new letter. I thought I read online not to sign the letter...that is why I didn't.

 

Link said they bought my debt from Cahoot (loan) and MBNA (credit card) in 2007 but didn't have the information and would request it from MBNA and Cahoot. The letter said the money I sent would be allocated to my account and they would charge me if MBNA or Cahoot charged them for supplying info.

 

Capquest own my old Nat West debt and say they can't supply it, returned my order and said I had to go to Nat West.

 

Sorry there is so many. I have no idea what to do next. For now i will go and figure out the scanner and Photobucket. Thanks very much.

[vexlitigant]

Hi,

 

Thanks so much for your reply, very much appreciated.

 

I will attempt to figure out how to use a scanner (...I know) and get it scanned if I possibly can! Good. Get that up here as soon as you are able to.

 

They just sent a photocopy of Barclaycard conditions with no personal details at all. Then it is not an enforceable agreement An attached letter apologises for the delay, says it is a copy of my agreement at the time I opened my account and that the info is provided under section 78 of the CCA. That is not a lie. It is also NOT enforceable though.

 

The letter says it completes their obligations. Which it would, but that has no negative implications for you. When i called the lady in the legal and regulatory complicance department tied me in knots and basically told me in no uncertain terms that that was all they were required to supply. They are obliged to supply what they have. If that is what they have, then you will not be parting with any money that you have - not from now on. I definitely won't phone again, lesson learned. Good. NO PHONES

 

Ah...there are quite a few others, but my organisational skills are as bad as my financial skills.

 

Bank of Scotland (credit card) ignored me. Looks quite positive then.

 

Cabot returned two postal orders for two Clydesdale accounts (loan and credit card) saying they were not obliged to supply the info and I should go back to Clydesdale. Thing is Cabot actually own my debts, not just manage them or so I have been told. Cabot capitulating like that is again, quite positive.

 

Egg (card) sent me a letter saying because I didn't sign the letter asking for my agreement they wouldn't send it unless i signed a new letter. I thought I read online not to sign the letter...that is why I didn't.

They are F.O.S. Did you put an electronic signature on letter??? If you did not, then reprint with a signature on, and send that off to them. Believe me, if they had an enforceable copy of your agreement, then i suspect they would have shoved it under you nose PDQ - with or without your signature.

 

Link said they bought my debt from Cahoot (loan) and MBNA (credit card) in 2007 but didn't have the information and would request it from MBNA and Cahoot. The letter said the money I sent would be allocated to my account and they would charge me if MBNA or Cahoot charged them for supplying info. B******s. A quid it is for each request, a quid is all they get. If their internal process costs are high tough s**t.

 

Capquest own my old Nat West debt and say they can't supply it, returned my order and said I had to go to Nat West. Great news

 

Sorry there is so many. I have no idea what to do next. For now i will go and figure out the scanner and Photobucket. Thanks very much.

 

Photobucket them if you can

 

Vex

[Guest brightwhite1]

Fantastic, thanks so much.

 

Gives me a little bit of hope to hang on to for now at least. Spurs me on, thanks.

 

Current scanner doesn't seem to be happening, but I am gonna try and borrow the use of one tomorrow and will scan in.

 

Cheers again,

 

Vee

[Guest brightwhite1]

Think I have figured out Photobucket, although I am not sure you will be able to see this very clearly, I couldn't get the print to look darker/larger.

Really hope this works? Thanks very much.

 

Image hosting, free photo sharing & video sharing at Photobucket

[slick132]

Hi BW,

 

Just stick to discussing the BC a/c on this thread- open up new threads as necessary to d/w the other a/c's.

 

The doc'ts you have scanned are BC's normal response at the mo. Just a set of their T&C's which is certainly not a valid Credit Agreement. This seems to end in a stale-mate with you saying they've no valid agree't and them saying they've complied and they'll continue to collect with their normal procedures.

 

Have a look here for an alternative strategy - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

Come back with any queries.

[Guest brightwhite1]

Ok, will do that thanks.

 

Had a look at that thread but to be truthful found it all pretty complex to understand. Does that mean I would have to essentially take Barclaycard to court or have i totally not followed?

 

I'm beginning to think I might be better trying to use a solicitor or one of the firms you hear about as I reckon all the technical legal things are going to be way out of my league. Will see if I can make some more sense of it first though.

 

Thanks for your help.

[slick132]

Hi Brightwhite.

 

You may find it all looks a bit complex to start with.

 

But after you spend some time reading other threads and getting used to the terminology, it'll start to make more sense.

 

It's your choice about using a solicitor (very costly) or a charges claim firm (they'll take a cut of over 30%) to get your charges back.

 

But you can use the knowledge and expertise available on this site for nothing along with all the template letters. Most of all, you'll get no end of help and advice along with loads of inspiration.

 

So, if you don't understand something, re-read it and then ask your questions. Someone will always try and help you.

 

[Guest brightwhite1]

Hi,

 

Thanks very much.

 

Still wading through all this CCA stuff. Have been reading and reading but still as confused as ever. Decided against solictor and am going to try and get it together and chase all the lack of replies to requests and the ones that have come back with just applications.

 

I am still finding it hard to figure out the site though, could anyone possibly post me a link of where I should post about my other CCA requests/updates? I keep getting lost on the site (really!) Thanks very much.

 

Also, I think I have been extra stupid...was reading somewhere on the forum that you aren't allowed to challenge agreements under the CCA if you have claimed back excess charges...I did this through FOS long before I knew anything about the CCA....does that mean I am not allowed to challenge potentially unenforceable agreements.....

 

Thanks again.

[slick132]

Hi BW,

 

Click here - http://www.consumeractiongroup.co.uk/forum/#consumer-forums-center-bank - you'll be at the top of the Bank Action Group. Scroll down and you'll find forums for all the banks and credits cards.

 

Start a new thread in the appropriate forum for each case.

 

Do not confuse the relaiming of charges with the enforceability of a credit agreement as they are two very different matters, which are not directly related.

 

You can reclaim charges on an account and then challenge the enforceability of that account, if there is a faulty agreement, or none at all.

 

There may be a valid agreement but you can still reclaim charges.

 

You can contend an agreement is unenforceable and then insist that penalty charges be repaid direct to you, and not be used to reduce the balance left on the account.

 

In short, I don't think you've compromised your position by reclaiming charges before challenging the enforceability of an account.

[Guest brightwhite1]

Thanks so, so much. Bank action group, under name of bank, separate post for each company. Brilliant. Now i know exactly what to do.

 

Phew, what a relief! So even though I have claimed back charges I am still allowed to check and possibly challenge the enforceability of agreements. Fantastic news.

 

If only i had known about the CCA before, as nearly all of my refunds went directly back to reduce the balance of the accounts. I have one complaint just now with FOS who even though my account was completely sold to a dca whilst my complaint about charges was on and the original bank didn't own it anymore when I agreed the amount from FOS, the refund was given to the dca. Tried to challenge it with FOS but not getting anywhere, and haven't been for months. Will try again though.

 

Thanks again.