Hello! Newbie in need of LOTS of advice :)

[slick132]

also ask for a direct debit mandate form.

Not sure I'd trust them with a DD payment, as they may be able to vary the amount they claim depending on the mandate that you sign.

[gearjamma]

If you write stating that the ammount agreed upon is final and any increase without your consent will be treated as theft,then you will be safe ,either that or set up a standing order which you control,they cannot increase the DD without giving you notice, you have the right to refuse the increase.When you set up the DD also inform your bank of the DD so they know how much you want to pay.

[samcam]

Well, FOS finally responded to me about my complaint to Barclaycard

 

I sent Barclaycard a complaint which they ignored, so sent it on to the FOS.

 

FOS say, sorry apart from the OFT and CCA breaches nothing else in the complaint (i.e. harassment, threats, etc) has anything to do with them.

 

More worrying is that the guy I spoke to at FOS says Barclaycard have provided him with a signed copy of my credit agreement:!:

I don't remember ever signing one and for 2 years I've been trying to get one from Barclaycard simply because I was sure it didn't exist. now apparently it does. BUGGER

 

The FOS are sending me a copy of it. If it's real I'm screwed. With charges and interest my balance is now around £12K. No way I can pay that back.

Oh well, Bankruptcy here we come

 

I'll keep you all posted as to what turns up.

Edited February 1, 2010 by samcam

[the_shadow]

Sam,

 

Just because they have a signed agreement doesnt mean its enforceable (even with the OFT's watering down) its still down to a judge to decide if they can enforce it or not.

 

Wait to see what comes back and post up a copy minus personal info of course.

 

Its worth remembering that FOS will ALWAYS take the moral standpoint in regards debt, you spent it so you should pay it, they are a means to get your agreement but nothing else I'm afraid. Whatever the outcome of getting the agreement, its better to know than now imvho.

 

S.

[samcam]

Great, just got back from shopping and we've had a late post.

 

FOS has sent through the sign "credit Agreement" ............ It's a copy of the original Application Form!!

 

HAHA. Not only do I already have a copy of this ... it's completely worthless in terms of enforcement.

 

Yipee!

[Desperate Daniella]

Personally I would write back to FOS and very sweetly say they appear to have made an error. It was the agreement they said they were sending, not the application form, and can someone now please send the agreement.

[bazaar]

Also a little sarcasm would be great, IE, thanks for your assessment, but it appears that youve overlooked the fact that they have sent you an application form, as I am fully confident that you know the CCA, you must now realise your sloppy error, oh I could go on:rolleyes:

[Desperate Daniella]

I meant it be to sarcastic. However, Bazaar, I think you are right. I was probably being a little subtle for them.

[samcam]

I sent a letter to FOS stating that this wasn't a credit agreement and was unenforceable.

 

There response was that because it has "credit agreement" written on it that makes it a credit agreement!

 

Also, the FOS don't care if there is a credit agreement or not!

 

Here's there letter:-

 

http://www.campbellphotographic.co.u...etoCCA0001.jpg

[slick132]

Again, we see the FOS refuse to be drawn into a discussion about whether or not this doc't constitutes an enforceable credit agreement. That is for a court to decide.

 

You should assume that this is all the discussion, or indeed documentation, that you are getting from the FOS.