Response from barclaycard Re cca Request

[Montague123]

Hi All

 

I received the below response from Barclaycard yesterday

 

Dear Mrs ...........

 

Account number xxxxxxxxxxxxxxxxxxxx

I write further to your letter and enclosed £1 fee requesting a copy of your executed agreement for the above account.

Please find the following documents enclosed.

1. A copy of your original Barclaycard terms and Conditions at the time you opened your account

2. The current Credit limit on your account

3. The current Balance on your account

4. The next minimum payment

5. please note a copy of your current Barclaycard agreement will be sent under seperate cover

The information we must provide to you under the terms of section 78 is prescribed by the consumer credit act 1974 and by the consumer credit (cancellation notices and copies of documents) regs 1983

You will be receiving your next statmenet shortly

This complets our obligation under section 78 of the consumer credit act 1974

I would really appreciate any advice or help on what to do next. I have read and reread the forums and i am guessing they dont have my original agreement? thus the comment on sending me my current one? But i am a little unsure

 

Could anyone please advice me on my next step

 

Thank you so much for your help

 

Montague

[Stressed150]

Barclaycard 99.9% sure do not have ur agreement and must be struggling to find it!! I have CCA'd them beore and was sent just T&C's CCA'd them again last week an awaiting response...

[Montague123]

Thank you for your prompt response

 

Am i correct in thinking they need to send me an original agreement with my signature on?

 

In addition do you mind me asking what action you have now taken if they have not sent you your cca request.

 

Not sure if to write again or stop payments?

 

Again any help appreciated

[Stressed150]

There is an account in dispute letter here somewhere which you can send them and if it has been 12+2 days since u sent the agreement and they have not acknoledged your request then stop making payments and send them the letter.... if you have requested your original agreement then yes the have to send you the actual agreement which you signed at the time of applying for credit.

 

As mentioned before, although I requested the CCA a while ago, this was for a completely different purpose then to CCA requests regarding enforceability of an agreement. Therefore, I have requested again, and if they do not produce a copy of my signed agreement then I shall too be sending them an account in dispute letter and stoping all payments to them. However, as a gesture of goodwill I shall be offering them 10% of my balance on the basis they remove any adverse data from my credit files and mark as satisifed....

[roko20650]

Evening all, just reading your threads in the hope of gaining info I can, but I may be able to pass on my experiences so far. My husband and I both have Barclaycards, we are a little ahead of you I think, sent CCA letters to both, response was only to send T & c's back nothing signed. Account in dispute letters sent and then Tel harrassment letter, because of the amount and frequency of calls. Take a look at my thread it may be of help.

[Stressed150]

Thanks Roko....could you post a link to your thread please as it's pretty difficult to find.... or I just havn't discovered how to do that yet!

[cerberusalert]

Thanks Roko....could you post a link to your thread please as it's pretty difficult to find.... or I just havn't discovered how to do that yet!

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/180335-roko20650-barclaycard.html

[Wilma Shoozfit]

Hi Montague

 

I'm further down the line than you I've been chasing my CCA since Septemebr/October last year. I got the same response as you.

 

I asked for it again in my SAR and got exactly the same.

 

I then followed PT excellent thread and sent them the CPR letter

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

I was a bit of a chicken after that I'm afraid I didn't follw through with legal action as per PT's thread - but because I knew I had info missing from my SAR I took them to court for non compliance of that.

 

I eventually got a copy of a Sunday paper flyer application form that I filled out in 2003, now I'm just waiting to get the AQ from court to get my costs back and I'll see if can get the Court to make them produce either a proper credit agreement or confirmation that that's all they have.

 

I did keep paying B/Card up until the point that I took them to court in Jan this year, then I spent the money I would have sent them in issuing a summons, and so far (lot's of wood touching here) I've not had any of the hassling calls that normallay ensue when you stop paying. They've not sent me a statement either since mid Feb.

 

In short keep chipping away, they'll fob you off all the way but don't let them get away with it.

 

Wils

 

 

Wils

[roko20650]

At last I have a reply from Barclaycard following my Subject Access Request lettersent on 26th May by Recorded Delivery. All they have sent me is copies of my statements from January 2004. They say in the letter "This information we have enclosed relating to this account is all that we hold." So they have never sent anything other than T&C's before. I have been getting serious hassle from Debt Collectors who say that no matter what I say the debt is enforceable! But if they have not got anything signed who can it be? Are they in breach of Data Protection for having passed it onto Debt collectors? What now? please help. Roko20650!