Minnimes -v Barclaycard

[minnimes]

glad of all your comments, will let you know how i get on.

[minnimes]

just to double check though,do the terms and conditions they sent me meet the cca requirements? see what i get from a cpr, it worked last time,

[slick132]

BC will maintain the T&C's reply fulfils their obligations under the CCA 1974.

 

Opinion here (CAG) is split but some believe BC may have a valid point, hence the CPR approach which Pt2537 started.

[minnimes]

ok, from last time i decided to do nothing, was all getting on top of me, everytime the called ive told them will not talk to them contact me in writting. the calls now seem to have stopped. got a letter this morning from mercer, basicaly just a threat saying they may pass the account to a local dca who will call at my home, immediate payment needed, blah blah. cpr will be printed out tonight, feeling abit stronger now ive got some of my over creditors under control, they are still ignoring all my past letters. im also going to put a contact in writting letter and maybe one that states i do not agree to doorstep collection in for good measure. if they have my credit agreement why dont they just send it?

[meerkatsmimm]

Hey minnimes,

 

Glad you are feeling a bit stronger.

 

BC still refuse to do anything for me, and currently I have mercers on my back with regards the accounts. Even had a text message from them at the weekend telling me that I continue to ignore them and they 'may' take me to court. Have they not had my CCA request, CCA in dispute letter, CPR letter, and my several bog off letters, all sent recorded and signed for?? lol!

 

Keep your chin up x

[slick132]

Hi Minnimes,

 

I'm sure you'll have seen this, but just in case, it has all you need to d/w home visits or the threat of them - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit-.html

 

You hang on in there !!

[minnimes]

thanks slick x

[minnimes]

hi guys. well nothing for my cpr but got this letter today, as far as im concerned the account is in dispute, seems to be a standard letter being sent to everyone, ive stolen it form some one else's thread to save uploading it. its the same letter, post 158,

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/168619-barclaycard-cca-response-8.html

[the_shadow]

hi guys. well nothing for my cpr but got this letter today, as far as im concerned the account is in dispute, seems to be a standard letter being sent to everyone, ive stolen it form some one else's thread to save uploading it. its the same letter, post 158,

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/168619-barclaycard-cca-response-8.html

 

Stick to the timetables and send the 2nd CPR letter, they'll possibly send the same back but it doesnt negate the request you have made. When the court hearing comes around they still cant say they responded to your CPR request as they are claiming to respond to a s78 request.

 

S.

[slick132]

Hi minnimes,

 

Have you d/w the SAR yet to get charges on this a/c refunded.

 

[minnimes]

had the same letter again this morning, whats going on?

[the_shadow]

had the same letter again this morning, whats going on?

 

They really dont know their ar*es from their elbows...

 

I've had a couple of replies stating please find enclosed your agreement... absolutely nothing in the envelope except the letter and air!

 

I think its just psychological warfare.. they think they can wear you down by sending rubbish or nothing at all

 

S.

[meerkatsmimm]

Same here Shadow,

 

How can they hope to be able to enforce the agreement in court when they cant provide it on request? (or after 4 or 5 requests?)

[minnimes]

barclays have ignored my cpr letters! they have passed my account to calder. what do i do? send calder copies of my letters or just ignore them?

[slick132]

If Calders (who are another BC in-house collection arm) contact you, warn them you'll report them to the FOS for breach of the OFT Debt Collection Guidelines if they bother you again.

 

Send a copy of one of your letters to BC which sets out your assetion that the a/c is In Dispute.

[minnimes]

thank you slick, i had a letter off them already, will send them a responce stating what you said. dont know what id do with out you x

[minnimes]

just had a letter, i think its a responce to my cpr, although it doesnt say that. it says basicaly tht its my credit agreement under section 78 of the consumer credit act, (not what i asked for). they then outline the current credit limit, the balance and how much they would like for the next payment, (haha). it then says, please note, a copy of your current barclaycard credit agreement will be sent under separte cover.???

 

then there are 2 sets of terms and conditions, each one with no details of me on.

 

they didnt comply to my cpr did they? im not holding much hope on the agreement to follow. do i write back now or what? will read through the cpr theard again later when i have a few hrs to pick through it.

[slick132]

Give a few days to see if anything follows as promised..........

 

.....but don't hold your breath.

Edited July 15, 2009 by slick132

[the_shadow]

Expect to receive either a)Nothing, b)an empty envelope(I kid you not), c)set of t&c

 

S.

[minnimes]

yeah dont expect to get anything. have had 3 sets of terms and conditions from them up to now , surely if they have the agreement theyd just send it?

[the_shadow]

yeah dont expect to get anything. have had 3 sets of terms and conditions from them up to now , surely if they have the agreement theyd just send it?

 

Possibly but you have to factor in that Barclays appear to have taken the decision not to release any agreements/applications until the account has been defaulted and is with a DCA.

 

There might be nothing wrong with their agreement or then again more likely there is but it appears to be a blanket ban

 

S.

[minnimes]

really? can they do that? they passed to account to mercer and now calder,

isnt the whole point of the cpr to make them relase the agreements?

[minnimes]

im going to get an n244 form, after a week i think i should look to filling it out, do you agree?

[slick132]

I agree with TS - BC's failure to send your Credit Agreement does NOT mean they don't have one. They have decided they don't have to send the actual agreement and that they comply with a CCA request by sending out T&C's.

 

See the CPR thread, decide if you understand the risks involved and are happy to start court proceedings. If so, fill in the N244.

[minnimes]

what are my other options slick? ive looked at the cpr thread and i just thought tht is what im ment to do as its on the thread after the second cpr letter. if i sit and do nothing will they take me to court? i thought the whole point of the cpr was to get access to the agreement, they really ae a law to them selves, will repoeting theme to the fos help?