CCA Barclaycard/Morgan Stanley

[boxingliz]

Hey Guys,

 

I CCA Barclaycard which was my MS account, they sent me T & C,s not impressed. should I send a letter telling them they are in default? I am not going to pay anymore these PPL are nothing but bully boys all of them and I am getting fed up of them sending demanding letters. What letter would you recommend.

 

Thanks Liz:)

[foolishgirl]

Hi Liz - welcome to CAG.

 

You can send this letter (amend to suit your case) although they'll probably ignore it but at least it's on your records if/when it comes to a court case. Send Rec. Del. do not sign (use digital signature or print)

 

This is the template (thanks to one of car's posts:))

 

Dear Sirs,

 

Account Number: XXX

 

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

 

I note that you have replied to the above by sending a copy of an application form and your companies current Terms and conditions I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act.

 

To clarify, just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement.

 

This breach of the agreement can be demonstrated as follows;

As you will know section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.” This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557.

 

Before leaving section 180 there are two other sections that should be remembered these are:

 

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

 

And more importantly

 

Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

 

You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations.

 

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

 

The regulations state:

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

 

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations.

 

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

 

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions.

It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

 

I hope this explains why your reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues

[boxingliz]

Thanks foolishgirl I will send off a copy in tomorrows post and see what happens. Im am also having probs with egg I wrote to them offering them a reduced payment which i have been paying in good faith now for 3 or 4 months, now they have set their solicitors on me threatening to take me to court for the full amount even though I am actually paying something any suggestions?

[foolishgirl]

Egg seem to be a law unto themselves. Suggest you post any specific queries in the Egg forum where you will get help from those who have been there before you.

[boxingliz]

Thanks foolishgirl, I have sent the letter lets see what happens next.

 

fingers crossed.

[boxingliz]

Just received letter from a solicitors debt recovery from scotland telling me that debt managers are considering taking me to court but are are giving me a chance to ring and settle. are they just another debt collection agency chancing their arm, can they just get these debts from a list and just try and recover them or are they really appointed? anyone know the company is called Russel & Aitkin. I still have not received a CCA from barclaycard or should I say Morgan Stanley, on Barclaycard terms & conditions. And who are Debt Managers>

[42man]

Send this letter recorded to the solicitors

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/575-letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request-

[boxingliz]

Thanks 42man, I will send that off this afternoon. you are a life saver.

[boxingliz]

What is wrong with these people grrrrrrr, I received a letter from socitors saying they had passed my correspondence to bc, now just received letter from bc saying as far as they are concerned they had complied to my cca under section 78 by sending terms & conditions. This is for a Morgan Stanley cc, and bc terms dont apply & account number is unknown obviously & where is a copy of the CCA?. What can i do now. any help would be appreciated.:-?

[42man]

You might have to try this - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html - with this effect - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/165349-smt37-morgan-stanley-goldfish-3.html#post2119750

[boxingliz]

Hi Guys,

 

Well here we go again, naughty BC have sold the debt and now we start again, do I request CCA again or just tell them they have been had and this is unenforcable.

[cymruambyth]

There is a letter in the library that you should send then http://www.consumeractiongroup.co.uk/forum/content.php?426-A-letter-when-the-account-has-been-passed-to-another-debt-collection-agency.

They are in default of the original request.

Have you sent a SAR to Barclaycard? They are not very good on their paperwork!

[boxingliz]

Hi

 

Didn't do SAR did do CCA request, sent BC terms Not BC account, do defaulted, no CCA though came.