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MrBrightside

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  1. Thanks djc, I may well try that. Also if I SAR them then maybe there will be docs will matching signatures on that will prove they were lifted from them and later added to my agreements? Also can anyone tell me if the CCA's are enforceable if they have not been dated by me?
  2. Hi Slick, no charges or missed payments before I stopped payment in March 09 (only missed 1 payment so far - last months)... PS thanks for your help so far - appreciated.
  3. Thanks for your reply Slick. Yes it is a BarclayCard Credit Card sorry I am useless at navigating my way around this site, I thought I had posted it in the area for BarclayCards? Will have another look, or if you have a link...? Also are they right to dispute the dispute and keep adding charges? Regards# Mr B
  4. PS I forgot to add that I am currently on benefits, as I lost my job!
  5. Hello everyone, I hope you are all well and not letting anyone or thing grind you down... I have both Halifax, and BOS credit cards both taken out around 2004. This is a 'what do I do next?' type query: 29th Dec, 08: Sent my £1 for CCA. 24rd Jan 09: Received photocopy of T & C leaftlet fob-off. 2nd Feb 09: Sent letter stating T & C photocopy insufficient. 18th Feb 09: Received copy of CCA's for both HALIFAX & BOS which I STRONGLY believe are cut and paste jobs. Interestingly also they are both signed by me but not dated, and I can't remeber the last time I didn't dated 1 signatured document let alone 2!!! But that is not why I am posting, just an aside. I am still paying both cards incidentaley, as I genuinely can't remember what I signed with them. Also I am on benefits at the moment as I lost my job. My question are as follows: (1) As I believe my signatures have been lifted/copied onto the docs, is my next step to request a Subject Access Request? My reasoning is twofold...(A) if they supply everything they have then if it goes to court and they produce something later (the real CCA?) they will be looked upon unfavourabley for not supplying everything. (B) I might see a matching document where they have taken my signature(s) from and thus prove a cut and copy has taken place. (2) The forms are not dated by me although they appear to be signed..despite it requesting a date next to the signature. Are they (the CCA's) still enforceable if not dated by me? (My thoughts are that they copied the signatures onto the document but had none of my writing with dates on to copy and so chose to leave them blank). (3) If I request an SAR by sending them a letter plus £10...will I get everything relating to BOTH Halfiax and BOS accounts (I have one credit card with each and one current account with each) or do I need to send £10 per Credit Card? (4) How long do I have to wait for an SARrequest to be fulfilled, and what do I do if they fob me off, or ignore the request. (5) any further advice would be greatly appreciated. My intent is to have the debt unenforceable or make an offer they accept, or at the very least freeze the interest.
  6. Hello everyone, I hope you are all well and not letting anyone or thing grind you down... This is a 'what do I do next?' type query: 29th Dec, 08: Sent my £1 for CCA. 23rd Jan 09: Received photocopy of T & C leaftlet fob-off. 2nd Feb 09: Sent letter stating T & C photocopy insufficient. 12th Feb 09: Received a letter from Barclays titled 'Data Protection Act 1998 - Subject Access Request (I never mentioned SAR in my previous letters to them but hey it was sent for free by Barc!). The letter contain statements back to 2004 but no CCA. Interestingley it says statements prior to 2004 may be stored on microfilm (could my agreement also?) and that 'This info we have enclosed relating to this account is all that we hold'. 12th Feb 09: I send a letter entitled ACCOUNT IN DISPUTE asking them not to ask for payment, add charges, etc till dispute settled. I THEN STOPPED PAYING MY BARC CREDIT CARD. 19th March 09: Letter from BARC saying they have satisfied my requests and therefore do not count my account as in dispute. They re basically saying that since the agreement has been varied since I originally signed it, that they only have to sent a copy of current T & C's as the original would not reflect the current terms on my account, and so the original no longer applies! They have also added a £12 charge and withdrawn my preferential rate of interest on that card. So my questions: (1) Is this hogwash or are they within their rights to supply nothing despite CCA request, and a voluntary SAR? Or are they trying it on? They say it is okay for them to do so under REG 7 of the Consumer Credit Act. (2) They have started to add charges as they say they do not accept me holding the account in dispute - even though I have not yet clapped eyes on a signed CCA. What can I do about this or do I ignore? (3) What is my next step please? (4) Any help would be massively welcome. Warm regards to all on here.
  7. Shouldn't it say Agreed Credit Limit not agreed limit, hence unenforceable. Get someone wiser than I to check it though.
  8. Thankyou for that Davey77 I have had a good read of them.
  9. No reply? I'm asking for the same reason everyone else here really is: I got into debt (mine was through time off due to serious injury) and now would like to get out of it without spending the next 4 years working like a mule, while I'm still only running on three cylinders so the banks (let us be honest - they are hated institutions) can keep adding interest and getting bigger bonuses. Can somebody please help me out with my original inquiry????
  10. Why am I being unreasonable for asking question that 1000+ others are asking? In plain English now....? It is my right to ask a legitimate question. I WILL REPEAT. (1) In the learned opinion of any member do you think this agreement is unenforceable, given the points I have raised? (2) If I suspect it has been doctored, what route can I take to get a copy of the original? Any helpful comments please...
  11. I am new to this but feel like am speaking a foreign language! Have I asked in the incorrect manner?, is my phrasiology wrong?, is it an initiation ceremony for newbies?!!! (1) If the agreement is unenforceable I want to know because thats what everyone else on here wants to know who posts an agreement. What action I then take (if any) is a subject for a future date...not supposition by those who should know better. So for the THIRD time, all I want to know is, is the agreement unenforceable. ****why pick on my thread there must be 1000 CCA's posted on here - asking whether ythey are unenforceable or not**** what make this one so different??? (2) If I suspect the agreement to be cobbled together, then WHY AM I IN THE WRONG for wanting to know how to see the original or what to do about it. Can I respectfully suggest you look at the way you talk to people on here, who are asking questions they have a right to ask, and who are in debt, and working very hard to pay it off, and keep their heads above water and need help not assenine comments.
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