Barclaycard's CCA. Is It Complete Rubbish?

[Clairebear]

Hi all,

I need a bit of advice if possible. I sent Calders a CCA request for a Barclaycard debt there chasing taken out in 1996 and they've sent me a letter and attachment back but i don't think its a CCA! It has no dates or anything etc but I could be wrong, can anyone cast a quick eye over it and just confirm if it is or not for me?

[Deepie]

Re: Barclaycard's CCA. Is It Complete Rubbish?

Hi and welcome have a read here > UPDATED - A Full Guide to Unenforceability
They have just sent T&C you need to send this > CCA Query - Terms & Conditions Received

Is this your only debt ? you know you will get defaulted

[Clairebear]

Re: Barclaycard's CCA. Is It Complete Rubbish?

Thanks for that link!

I have another debt with Capital One for £350 which i am paying off with a token amount each month after advice from the CCCS. But as this one is from so long ago i wanted to see my CCA and if this one was enforceable. I was sure i needed more than T&C's off them though, especially as they've sent ones for 2008 when i opened it in 1996! (I was wrong! Account opened 1998 and T&C's are for 1998)

[Riz]

Re: Barclaycard's CCA. Is It Complete Rubbish?

They say in the letter that there are more docs coming under separate cover?

Are those included, or have they not arrived yet?

A full set to comply with a s78 request would include the original agreement/terms plus any variations since. Including the current ones; which might be the only bit you have so far?

The agreement scans are too low res to read properly.

[Clairebear]

Re: Barclaycard's CCA. Is It Complete Rubbish?

Sorry about the poor quality, I've just tried rescanning the T&C's in a higher resolution see if it helps (the photocopy is a little fuzzy though and half of it seems to be upside down!) But no i haven't had anything else yet, not sure why they couldn't send it all together? So am i right in thinking in order for it to be a 'proper' CCA do the documents I'm still waiting for need to be the original T&C's and the dates etc of when i took it out originally otherwise it's no good?

[BBoo]

Re: Barclaycard's CCA. Is It Complete Rubbish?

My understanding is you should get a copy of the original T&C's, plus copies of any variants on those since inception.

What you have posted is definitely not an enforceable agreement.

[PlanB]

Re: Barclaycard's CCA. Is It Complete Rubbish?

A full set to comply with a s78 request would include the original agreement/terms plus any variations since. Including the current ones

Rizzle, may I ask whether a creditor should send ALL variations to the Ts & Cs since the account was opened and not just the most recent ones? And would that include changes to credit limit and/or increases in APRs etc since my interest rates have regularly been adjusted upwards

[Clairebear]

Re: Barclaycard's CCA. Is It Complete Rubbish?

So the part where Barclays put 'This completes our obligations under Section 78 of the Act' is utter tripe?

[PriorityOne]

Re: Barclaycard's CCA. Is It Complete Rubbish?

So the part where Barclays put 'This completes our obligations under Section 78 of the Act' is utter tripe?

What they're saying is that they've sent you all they have. What they're not saying is that what they've sent is unenforceable through the courts.... That doesn't mean you can rest on your laurels though; you will need to write back and ask them to confirm whether they do or do not have an original pertaining to yourself under CPUTR (Consumer Protection from Unfair Trading Regulations) 2008.

Companies don't like being asked things under CPUTR..... which is one reason why I like using it so much....

[thechippy]

Re: Barclaycard's CCA. Is It Complete Rubbish?

When I cca'd Barclays, they sent a copy agreement (well, application form)which was ex MSDW. The document was easily a C&P adulterated jobby.

It went through 5 dca's with the normal "Account in dispute" letter.
The last dca didn't want to let go, so I sent a request under CPUTR 2008, but included the word "unadulterated".

That dca has now gone as dead as a dodo.......

[garlok]

Re: Barclaycard's CCA. Is It Complete Rubbish?

Technically planB under s234 of the "Carey" judgement they would have to provide a complete audit trail of all varriations right back to date of inception if challenged properly and remeber in this section of the judgment and s108 the word ORIGINAL is actually used. This part of the very dangerous ground a creditor will not want to stray onto. Coupled with P1's methods of using the CPUTR2008 to obtain a declaration as to whether they actually hold a fully enforceable, fully compliant original document usually rocks them back very firmly on their heels.

The Enterprise Act to which the CPUTR2008 is coupled in many ways uses the word INDICTMENT which implies at the very least a criminal offence to lie.

Garlok

[plasman]

Re: Barclaycard's CCA. Is It Complete Rubbish?

Hi sorry to but in i have also recieved the same paper work exactly ? im waiting for niddy to come back off holls to have a look my cca is pre 2007 ,they sent me a letter first then sent the same paper work it doesnt look right to me eigther ,are they trying it on and have the originals?????

[PriorityOne]

Re: Barclaycard's CCA. Is It Complete Rubbish?

Hi sorry to but in i have also recieved the same paper work exactly ? im waiting for niddy to come back off holls to have a look my cca is pre 2007 ,they sent me a letter first then sent the same paper work it doesnt look right to me eigther ,are they trying it on and have the originals?????

Personally, I would ask them under CPUTR 2008 (by rec. delivery)..... there is a template in the thread below:

Request for confirmation of documents under CPUTR 2008

[plasman]

Re: Barclaycard's CCA. Is It Complete Rubbish?

OK thanks ill certainly swat up a bit thanks very much PR1

[garlok]

Re: Barclaycard's CCA. Is It Complete Rubbish?

All of this is standard Barclaycard procedure. the letter itself is a template, we have several from them. Even our solicitors could not extract anything better from them. Incorrectly dated T & Cs, we have fulfilled etc etc staement of account etc.

Roughly translated, "we dont have anything which if challenged properly would stand up in a court of law, this is a bluff to see if we can coerce you into coming to heel and bully you into paying up on something which is unlawful."


However this is just the start, Mercers, Calders (their own in house thuggery) then the DCA circus will follow. But it can all be dealt with using lawful methods.

Garlok