Dar£n, not sure what your knowledge of threads outside the barclays domain is, but this may make interesting reading: http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements-426.html#post1071809 in response to the crap you are getting from Barclays and what the ICO have [not] done for you. Peter

surely you can soon just go in there yourself and take the bloody information!!!!! Would be interesting to see what a judge would make of their complete disregard of the law - AND because its not really about OD chares, what they would do! Keep 'em coming Daz. Peter

I'd like to Mirror Macs statement above - the MPs so far seem really keen and on our side! A great plan, and a great pressure so far - keep it up!

Noo is right - COMPLAIN - this is exactly the thing needed to get the general stays lifted...he banks were warned, and should have known we wouldn't take this laying down!If anyone else wants a copy of my letter, email me at my user name @hotmail.co.ukThanksPeterReclaim the RIGHT!

It's something, and that's the main thing! as the piles of letters grow, the MP will see it as an opportunity, not an inconveinience! Peter

It doesn't matter too much at this stage, but you have to make sure you use the registered address when you submit your N1. Peter

That's why I am wondering what the commonality is? Many are going through, some are not - is there something common between them - or is it certain judges who see it as the 'easy option'? I suppose we won't know the answer to that, but removal of the stays is paramount if it happens - and to be prepared at court should it seem likely! Peter

100% agreement with you Cakes. The system has been drained by these cases, and the courts see it as a way to offload and regroup. I don't deny that in the most part the judges have been behind us - and by reading these forums - many have found kicking barristers about highly entertaining! (as have we!) The thing is to remain strong - which I know is easy to say when you have !!!WON!!! at the bottom! But I honestly believe we will win. Please stick with it Please take heart from what you read Please reclaim the right (find the ways in, and take them!) Peter

Sorry to keep asking Qs, but I am trying to work out what the catalyst is for the judge to keep issuing stays. So my new Q is - what POCs did you use if you were stayed? Why do I ask - well if you used 'generic' POCs that have been sent a hundred times to the court, then maybe the stays are sent without actually reading the case through - this is where generic on our part may be the issue? Peter

would be interested too! I'm subscribed, so keep us all informed! Peter

I'm working on a pre-emptive strike for the apparent increase in CCard stays being granted - if anyone would like to have a look at these, or would like to have a look and make it better then PM me - I don't want to reproduce a restricted form on ope forum Peter

Hi all, I have just finished a revised 'removal of stay' letter for the courts, that uses alot of the info from the OFT credit card charges report from 2006 to show how the current case is different and irrelevent to CCards. I don't want to post it on here as such, as a mod will get pee'd as the last part is the basic removal of stay form, although changed to reflect CCards. HOWEVER, if anyone would like one, PM me your email addy, and I'll send it for you to have a look through - ket me know if you need it in a format other than word. Peter ps - the OFT report is here: http://www.oft.gov.uk/shared_oft/reports/financial_products/oft842.pdf

Would be interesting to know if any of those having stays applied have also been going for a removal of defaults? I can't see how a judge can blur the two issues as the gap between them widens? Would be good to know. Cheers Peter

Thanks for your comments, this seems to be the simplest way to go, and by making it a clause in the agreement, I suppose it is the simplest route. to be honest, I am a little shakey on the whole CCA agreement thing, and unlike Peter above, would probably get quite tongue tied in court with it! So, I think I will go with what you ahve suggested! Thanks Peter

I'm suprised they didn't argue on the 'litigation in process' points of their 101 reasons why we don't accept complaints policy! I would argue that you are not arguing dissatisfaction with their policy, but complaining at the biased nature of their policy, which directly affects you as both a consumer and as a litigant against one of the named banks given leniancies by yourselves. They can wriggle and worm - just not forever! Peter

Thanks alot guys! I would like some advice from peeps now on what option I should take; To summarise my case so far, I have received statements showing that they owe me £280, this was after I was picked up by a DCA for a debt of £204, built entirely of charges due to there being an apprent -£4 on the card still! I have CCA'd them, just because I was really pee'd off with them, and also sent an LBA stating I wanted that £280 back. They have returned the CCA (application form) as above, and credited my account with £112 - the £8 difference from the £20 charges. The main reason for my wanting to pursue this claim is more to have the Default removed from my account, and less so the recovery of the charges...they are the bonus! I seem to have 1 of 2 routes I can now take: - continue the charges route and take BCard to court for recovery of the full amount. In theory I can also now add another £112 to my claim, as the refund they credited to my account has now paid off some of the charges I hadn't paid which the DCA were trying to collect from me. I hadn't entered these onto my SOC as I hadn't paid the card for them, but in theory i have now...with their own refund! (I am right to assume this!!!???) 2 - I push the CCA route which should have the debt and the default removed...probably a little quicker, and with less room for the card to push for a stay? My question therefore is: Which route to take, is there a quicker route, am I guarenteed removal of default with option 1? Is one quicker than the other? And is the CCA case harder to argue than the charges? Any comments, opionions or comments from those currently running either route, or who have completed either route would be welcome. I would ideally like to get the letter sent today (we've just heard the postal strike for today is now off!) so I can start the clock ticking on one or the other routes! Thanks for taking the time to read this... Peter

Thank you very much Peter! You are a star! I will get that in the post to them!!! Thanks Peter

I have no shame in saying: BUMP!

Thanks Mabbiliene! Had a read through, and it seems that certain bits are in the T&Cs, but that these are not formed as part of the application form. I have now managed to upload my CCA and T&Cs to my BCard page as above. Thanks Peter

Ok guys, here goes! This should be the T&Cs sent and the apparent CCA agreement: and any advice??? Things to note: My credit limit has always been £250 on this account, the box for BCard to sign is unsigned, and the card number box is empty at the top. This is a student Credit card, and is not mentioned in any of the T&Cs. Peter

oh and the application form is for a STUDENT Barclaycard, but this isn't mentioned in any of the terms and conditions, either in rates or charges... ....does that make any difference?

Cheers Jeff, Will scan and send tomorrow am. As far as I can see it has, in the T&Cs: Interest rates It says 'From time to time we will inform you of your credit limit - but no actual limit Repayment schedule And that's about it - the rest is gumph! The T&Cs are not paginated, so no relationship to the document I signed - and they didn't! Peter

ohhh this sounds interesting...is it a self-help book on suing your local bank! Peter

Hi all, any one of you super bods willing to have a look at my thread: http://www.consumeractiongroup.co.uk/forum/barclaycard/102290-bcard-davies-present.html and let me know if what I detail re CCA is correct. the main thing is no CCard signature, even though its an application form... Peter ps - sorry if the info is in this thread, but at 422 pages, I just couldn't handle it!!!!

is there! I couldn't see it??? Any chance of a link Noo?