Barclaycard won't communicate after CCA

[jet set willy]

Re: Barclaycard won't communicate after CCA

Well i have an offer of a discount from Wescot but this is only available if i call NOW! Of course there is no mention of what this discount may be but the only way to accept it is to call. I guess this constitute acknowledging the debt which is probably why they do it.

But this letter comes via Nelson Guest & Partners Solicitors.

Anyone know anything about this bunch, are they solicitors for rent or the real deal preparing for court?

They do tell me to contact Wescot so i don’t know if i should write to them or not.

[The Tech Clerk]

Re: Barclaycard won't communicate after CCA

Well ignored Wetcloths first letter (i read somewhere once to always ignore first correspondence) and now they claim they they are offering to collect my doorstep.

Cheeky buggers, i know its a bit tatty but it does the job okay so if it is all the same to them i will keep it.

next letter Scotcall may call for the old doorstep letter! send doorstep letter when / if they do.

[jet set willy]

Re: Barclaycard won't communicate after CCA

Well ignored Wetcloths first letter (i read somewhere once to always ignore first correspondence) and now they claim they they are offering to collect my doorstep.

Cheeky buggers, i know its a bit tatty but it does the job okay so if it is all the same to them i will keep it.

[jet set willy]

Re: Barclaycard won't communicate after CCA

Bloody hell, you learn something new everyday!! Cheers SX!

[SXGuy]

Re: Barclaycard won't communicate after CCA

I wish you could buy stamps in bulk, i think i am going to need them!!!

You can you can buy them from royal mail in bulk, which is what i do before April every year when the price goes up.

Allthough a word of warning, only buy them in rolls, if you buy booklets, they treat them as collectors items, sent from a different department, and takes weeks to deliver, yeah i know, its crazy, i can understand someone collecting replica penny blacks, but why anyone would wanna collect normal blue or gold is beyond me.

[jet set willy]

Re: Barclaycard won't communicate after CCA

Well goodness gracious me, not even a goodbye from moorcrap just a letter from sharklys saying wetcloths would be in touch soon and i should deal with them as a matter of urgency.

I wish you could buy stamps in bulk, i think i am going to need them!!!

[jet set willy]

Re: Barclaycard won't communicate after CCA

Aaah, they dont get me down oldyboy! They are just pure frustration though. Moan when you dont contact them and ignore you when you do.

[oldyboy]

Re: Barclaycard won't communicate after CCA

Just leave it be and you'll get a NOTICE OF INTENDED LITIGATION next, followed by other similar pointless and empty threats.

You're just another victim of their template letter machine. They ignored wot I wrote so why should you be any different?

Chin up JSW.

[jet set willy]

Re: Barclaycard won't communicate after CCA

Oh well, Moorcrap are ignoring what i write.

Todays post is a letter of POSSIBLE LITIGATION 9they used capitals so i will lol).

Contact us before monday else we may recommend to the client to go to court. For gods sake, that is no time to get a letter off, only a phone call which they certainly arent getting!
Then a list of potential fees i will be liable for. Lots of if's but's and maybe's in there as well.

Even so, i would rather not let it get that far if i can help it but not sure what to do.

Only photocopied terms, no agreement page or anywhere to put a signature or even anything to tie it into any account at all.

No red writing though which is a disappointment, perhaps they cant afford to print colour in these austere times

[Enforcer]

Re: Barclaycard won't communicate after CCA

No, I had a photocopy of the page. Obtained as part of subject access request.

[jet set willy]

Re: Barclaycard won't communicate after CCA

Quite right! I have a letter, going back to 2011 from Barclaycard, quoting all the bullshit about Carey v HSBC.
Compliance with Section 61 of the Act.
To the extent that you seek to allege that the copy agreement provided does not comply with Section 61 of the Act and is therefore improperly executed, this is misconceived. We refer you to paragraph 230 of Carey v HSBC which states that "it is insufficient, without more to the point to the absence of a signed, or any proper s78 copy as a foundation for a plea of an (improperly executed agreement)".
For the avoidance of doubt, we believe your credit agreement to be fully compliant with the Act and any allegations that it is not will be opposed. Please note that, where a copy of an application form has been provided to you for reference, this is not a copy of the complete document but only a copy of one page. Terms and conditions, including the prescribed terms, would have been on the reverse of this page at the time it was signed. Additionally, the document would have been easily legible at the time of signature.

So you see that they have always complied with the law!

Except, they forgot to sign the bit that says for and on behalf of Barclays Bank.
and there is no mention on the page of prescribed terms and conditions, overleaf, attached, or in outer space. The reconstituted terms would appear to be in a fold out booklet, probably sent with the card at a later date.

The copy page that I received also states, when we consider your application. Makes it a future prospective regulated agreement.

Despite their protestations, they have failed under Section 61(1)(a). Unenforceable unless they apply to the court under S65.

WARNING. DON'T BELIEVE A WORD FROM BARCLAYCARD!

Sounds like you at least had a reproduction of a page that SHOULD hold a signature then? Miserable sods havent bothered sending me that.

I think i would trust BC as much as i trust MBNA, draw from that what you will

[jet set willy]

Re: Barclaycard won't communicate after CCA

Had you considered getting a crew cut?

I only have a bit left and is one of the few things i can call my own so i aint reducing whats left that easily

[Enforcer]

Re: Barclaycard won't communicate after CCA

Quite right! I have a letter, going back to 2011 from Barclaycard, quoting all the bullshit about Carey v HSBC.
Compliance with Section 61 of the Act.
To the extent that you seek to allege that the copy agreement provided does not comply with Section 61 of the Act and is therefore improperly executed, this is misconceived. We refer you to paragraph 230 of Carey v HSBC which states that "it is insufficient, without more to the point to the absence of a signed, or any proper s78 copy as a foundation for a plea of an (improperly executed agreement)".
For the avoidance of doubt, we believe your credit agreement to be fully compliant with the Act and any allegations that it is not will be opposed. Please note that, where a copy of an application form has been provided to you for reference, this is not a copy of the complete document but only a copy of one page. Terms and conditions, including the prescribed terms, would have been on the reverse of this page at the time it was signed. Additionally, the document would have been easily legible at the time of signature.

So you see that they have always complied with the law!

Except, they forgot to sign the bit that says for and on behalf of Barclays Bank.
and there is no mention on the page of prescribed terms and conditions, overleaf, attached, or in outer space. The reconstituted terms would appear to be in a fold out booklet, probably sent with the card at a later date.

The copy page that I received also states, when we consider your application. Makes it a future prospective regulated agreement.

Despite their protestations, they have failed under Section 61(1)(a). Unenforceable unless they apply to the court under S65.

WARNING. DON'T BELIEVE A WORD FROM BARCLAYCARD!

[CleverClogs (RIP)]

Re: Barclaycard won't communicate after CCA

Any suggestions welcomed as always as i feel like pulling whats left of my hair out lol

Had you considered getting a crew cut?

[CleverClogs (RIP)]

Re: Barclaycard won't communicate after CCA

If i had something to show and prove i was owed money i would bloody well show it at the first instance, would everyone?

That is why I believe Carey's judgement, allowing "reconstituted" agreement, is quite mistaken if not downright perverse.

The requirement to have a copy of the executed agreement is not novel. That requirement existed for some time before credit cards were ever issued in the UK. Moreover, it is simply common sense to retain the ability to prove that the agreement existed and that it had been made in a lawful and proper manner.

It is hardly an onerous requirement but, even if keeping a few paper documents was too difficult for the various credit providers to archive the documents securely, it would hardly have been difficult for high resolution microfilm or microfiche images taken of the appropriate documents, such that a facsimile could be printed by photographic or xerographic means at some later date.