Barclaycard won't communicate after CCA

[jet set willy]

Re: Barclaycard won't communicate after CCA

Guys, should jet set willy be telling them where they have gone wrong, or should the creditor refusal to accept UE be sent instead?

Just wondering as they can rectify if they have it, and idealy, we dont want them to?

Thanks for all your input, it really is appreciated :-)

SXGuy actually raises a good point. Could it be to much information? I want to fend them off but at the same time not help them to much.

Surely though, if pages showing a signature werent included then they dont have them? If they did, they could have included them without a signature and that would have complied (they are allowed to omit siggys to fulfill the request i think, though not in court).

They are clearly taking the piddle. If i had something to show and prove i was owed money i would bloody well show it at the first instance, would everyone?

[SXGuy]

Re: Barclaycard won't communicate after CCA

jet set willy, you make a good point, its true, if they had it they would have sent it, however, i have known some of them to rectify 10 months later (allbeit still UE)

Its really up to you. Perhaps someone else will correct my thinking.

[jet set willy]

Re: Barclaycard won't communicate after CCA

Hello folks, happy new years to everyone. Glad the end of the world didnt come :-)

Anyway, minor update which is leaving me unsure of what to do.

After umming and arring over whether to send the 'only T&C's recieved' letter i did so anyway.
Lo and behold, moorcroft have replied to it by saying that barclaycard have told them that the cca request was responded to on such and such date and to pay up.

They have completely ignored that i mentioned there was no signature or even a page where a signature would go. They have taken BC's word all is good. Dont you think if you were a professional DC that when you harrass and chase people you would see the paperwork proving you were allowed to do so?

Nothing on the paperwork relates to me in anyway, just printed terms.

Not sure what to send. Should i compose something myself saying they havent bloody well complied and to bugger off until they do? Mind you, i daresay that would be ignored too ;-)

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

[Pixie]

Re: Barclaycard won't communicate after CCA

Lo and behold, moorcroft have replied to it by saying that barclaycard have told them that the cca request was responded to on such and such date and to pay up.

They always say that they've complied, now pay up!

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

I would send Our Templates | Unenforceability Templates | Final Response - Unenforceability (CCA Received) if it were me.

[jet set willy]

Re: Barclaycard won't communicate after CCA

They always say that they've complied, now pay up!



I would send Our Templates | Unenforceability Templates | Final Response - Unenforceability (CCA Received) if it were me.

Hi Pixie, thanks for your reply. I did have a browse and saw that one but wasnt sure. You have convinced me though haha.

I figure they always say they have complied but you would imagine that if it was your line of work to collect something you might use your own eyes and common sense to see if you were allowed!! Bloody idiots.

Thanks again!

[Pixie]

Re: Barclaycard won't communicate after CCA

I figure they always say they have complied but you would imagine that if it was your line of work to collect something you might use your own eyes and common sense to see if you were allowed!! Bloody idiots.

Now, now...you're expecting far too much from them!!

I bet if you read every diary that has a Barclaycard debt, there would be a letter from them/dca saying that they had complied.

[jet set willy]

Re: Barclaycard won't communicate after CCA

Now, now...you're expecting far too much from them!!

I bet if you read every diary that has a Barclaycard debt, there would be a letter from them/dca saying that they had complied.

You are right of course, i need to stop doing a victor meldrew

[CleverClogs (RIP)]

Re: Barclaycard won't communicate after CCA

I wonder if there ever was a meet one day how many debt collectors would turn up lol

We'd have special drinks for them!

I cant think what you mean FP

Would the "special drinks" contain phenolphthalein or Rhohypnol?

(Phenolphthalein is a laxative; Rhohypnol is a sedative commonly used by date rapists.)

[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.

[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?

[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!

[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

[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

[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

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