Barclaycard response to CCA request

[allison6564]

Hi

another two of our debts are with barclaycard.

 

Sent off cca request but nothing back within the 14 days

 

sent account in dispute letter.

 

Oh and in between also had to send telephone harresment letter due to constant calls that have now stopped.

 

Had response today saying that they only have to provide a reconstituted one but there was nothing in the envelope with the letter!

 

I need to fire a letter right back to them tomorrow but as the agreement was taken out in 2002 don,t they need to send the original?

 

I have been reading conflicting advice on posts as to whether the no coca no pay rule will still apply.

 

Can anyone help as if they need to provide the original then I need to put it in the letter. Thx

[Boltmaker]

Hi Allison6564

 

You seem to have received a bog standard reply from B/card. No doubt they will in due course send you a recon agreement which is all they are obliged to send you under a sec 77/79 request. I understand that this not sufficient to pursue the matter thru the courts as a agreement prior to 2006 requires the original agreement. I am sure someone will be along shortly to confirm the above.

[intend]

for me no cca no pay.

[Bazooka Boo]

Stop playing letter tennis, they have failed to respond with your legal request, you have already informed them that this is in dispute, they replied by saying they only need supply a recon, which is incorrect, and have again failed to send it anyway!

[NailPost]

Keep the letters you have received from Billycard carefully. You may need them later.

[Desperate Daniella]

Under Section 77-78 of the Act they can get away with providing a reconstruction for a CCA request.

 

I'd write to them and say that under the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008) they are advised to inform you if they hold, or have ever held, a credit agreement for the alleged account with complies with the Regulations of the Consumer Credit Act 1974. Also inform them that if they hold no such agreement they are equally obliged to let you know. Finally tell them that their response will be forwarded to the FOS and OFT.

 

BTW, are these original Barclaycard accounts, or were they something else first?

Edited April 10, 2013 by Desperate Daniella

[allison6564]

Yes original barclaycard accounts ...to be honest I,m confused now as the agreement started pre 2007 I thought they had to send original not recon?

[allison6564]

I am only writing to them so that if it comes to it I can show I always respond promptly etc

[Dotty50]

See post 2, boltmaker has answered your question.

 

Be prepared to be thrown from 1 DCA to another if you have stopped paying.

 

Mercers will probably be first as they are Barclays inhouse collectors.

 

If they have your phone number don't answer when they call.

 

Do you bank with Barclays? If you do, they will take your money (should only be if your account is in credit) they do have the right do do this under the offsetting rule and will inform you after they have got it!

[allison6564]

Thanks Dotty no don,t bank with them and already had to send of the telephone harresment letters from here so will do it again if it is passed and Mercers get involved. Thx again now read post 2

[Dotty50]

Your welcome allison, keep us posted of any developments

[Desperate Daniella]

They'll have to produce the original if they want to enforce the agreement. Sorry - I have amended my post to say that S77-78 satisfies a CCA request.

[allison6564]

Well my account with Barclaycard that they defaulted in Feb has now been passed to Mercers but not had a response from my full and final offer sent 22dn Apr yet..will have to wait and se what happens.

 

The other account in my husbands name .... they rung me in the week and I said I am still awaiting the CCA .. so waiting still on that one sent them a dispute leter though.

[Desperate Daniella]

Oh Mercers, oh joy.

 

As I'm sure you know they are part of Barclaycard. They get these really nasty blokes to phone up and threaten you, so don't talk to them unless you are feeling like sparring with them. They would have me in tears - but that was before I found CAG.

 

At the next desk along they used to have their third level of bullyboys called Calders, but I haven't heard anything about them for ages.

 

When I'd been on CAG for a while I would sometimes speak to them and I'd say that I had reason to believe I'd been charged too much interest over many years and I wanted a copy of the agreement so I could check the figures for myself. Then I'd say to them: "Well, if YOU thought you might have paid hundreds or even thousands of pounds more than you should have done, would YOU be willing to pay even more money before it was sorted out?" And they would actually reply, "Er, well, no, probably not."

End of call.

[allison6564]

Oh god sounds like I have some fun ahead.....I knew this was never going to be easy ....facing up to it all and sorting it out .....just won't answer phone if I can x

[Desperate Daniella]

Honestly, I was falling to bits when I found CAG. I was thinking of driving into the river. It was only when I started to read lots of threads and saw how other people here were dealing with the card companies and DCAs that I realized that I could cope with them too. My phone was ringing off the hook, all day and every day. I had so many letters arriving in the post I could have wallpapered about three rooms. I was a shaking, gibbering mess and this forum really saved my life.

 

I knew nothing about the Consumer Credit Act, the Prescribed Terms, the Regulations - absolutely nothing. And when I started reading I thought I would never, ever get my head around it. But I read every possible thread that might have been relevant to me and within a few months I did understand at least enough to let me challenge everyone who was chasing me. I'm not out of the woods yet, but I'm in a far better position than I was when I found CAG.

 

Don't answer the phone, let it divert to answerphone. This was incredibly difficult to explain to my daughter so I just said I didn't answer it because it was always people wanting to sell something like double glazing. Finally I changed the number and I can answer knowing it's not Mercers, or AIC, or Moorcroft, or ...........

 

DDx

[Bazooka Boo]

Oh god sounds like I have some fun ahead.....I knew this was never going to be easy ....facing up to it all and sorting it out .....just won't answer phone if I can x

 

It's VERY easy... You have the law and all the cards in your favour.

 

If they ring and you answer, once you know it's them just laugh and hang up, repeat the process every time the harass you, log all the calls.

[Desperate Daniella]

And if you do answer and they say they need to go through security, refuse. Then they will say they can't continue the call if you don't, so you say, "Fine" and hang up.

 

I'm sorry if you think we are being a bit flippant. When I arrived here I just couldn't get why there was a 'Bear Garden' and people were having a laugh, because I was here for serious advice!!!!! You will get serious, and very good advice, but sometimes it makes us laugh to take the mickey out of the DCAs who have been so nasty to so many of us.

[intend]

Good advice DD. Think your approach is perfect. Two extremes to reduce the stress - knowledge to empower you and humour to feel part of a community.

[Desperate Daniella]

Thank you. I didn't look at the Bear Garden for many weeks, but then noticed someone I knew from another thread had posted something on a Bear Garden thread. It was all about winding up DCAs on the phone and I was falling about and really laughing, something I hadn't done for ages. There are some real wags on this forum and it really does help with the stress.

 

It does make you feel part of a community. Before I found CAG I knew there had to be people in my situation but I didn't know where to find them so there was no-one to talk to about the banks/DCAs. It was such a relief to find that there are thousands of people who know exactly what it feels like, and the support you get here is just amazing.

[Desperate Daniella]

Just one more idea if they ever get you on the phone: They say who they are and you immediately say, very politely of course, "Could you please hold on while I get a pen and paper," and then you just leave them hanging on, and on, and on....... To keep them on longer, you can just shout at the phone occasionally, "Won't be a minute, Can't find a pen, " or something like that.

 

I quite like that approach because you are running up their phone bill, and you have the joy of knowing that while they are waiting for you they are not on the phone bullying someone else!

[allison6564]

Great advice and sounds like we have so much in common, some days I feel empowered like come on I can take it then others its oh crikey what am I doing but I know with the help of guys like you and CAG I'll get through it xx

[izzitme101]

The cputr letter is a great one, i sent this one to bc after sending me a dodgy copy of an app form.

 

They have yet to reply, and it gets stat barred in december this year.

[allison6564]

Hi what is cputr letter? Had another letter from Mercers and BC have past the other account to them too but I'm still waiting for a coca on that one. Think I have a few more letters to do in the morning .

[izzitme101]

under the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR 2008) they are advised to inform you if they hold, or have ever held, a credit agreement for the alleged account with complies with the Regulations of the Consumer Credit Act 1974. Also inform them that if they hold no such agreement they are equally obliged to let you know.

 

basically this.

in my case i think they waiting until ive paid off my od, which wont be until next year, then they will try transfer it over i think, and try get it that way, which wont work either.