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  • #16
    Re: Barclaycard - No Agreement

    Originally posted by Never-In-Doubt View Post
    No - just stop paying and if anyone then hassles you and tries to enforce it you fire off one of these: ---> CCA Query - Letter Previously Confirming No CCA

    Simples - it'll be fine, as they cannot enforce if they have failed s.78!
    Cheers Niddy........ to quick for me :niddy
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

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    • #17
      Re: Barclaycard - No Agreement

      OK, I think that's what we'll do then. Wish me luck!

      Just a thought about the 'reconstructed' they sent me. My head is full of court cases but I believe there's one that states where a reconstructed can be populated from. Obviously, Barclaycard didn't use the information they have because they used a wrong address.

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      • #18
        Re: Barclaycard - No Agreement

        Originally posted by smallfish View Post
        OK, I think that's what we'll do then. Wish me luck!

        Just a thought about the 'reconstructed' they sent me. My head is full of court cases but I believe there's one that states where a reconstructed can be populated from. Obviously, Barclaycard didn't use the information they have because they used a wrong address.
        Don't worry.....lets just see what happens....good luck
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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        • #19
          Re: Barclaycard - No Agreement

          Originally posted by smallfish View Post
          OK, I think that's what we'll do then. Wish me luck!

          Just a thought about the 'reconstructed' they sent me. My head is full of court cases but I believe there's one that states where a reconstructed can be populated from. Obviously, Barclaycard didn't use the information they have because they used a wrong address.
          Carey v HSBC is where they state a recon can be used to satisfy s.78 BUT if they do not have an original and you claim you've never signed anything then they cannot enforce....

          see the case in question, here: CAREY v HSBC & OTHERS [2009]
          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

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          • #20
            Re: Barclaycard - No Agreement

            All quiet here I presume....
            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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            • #21
              Re: Barclaycard - No Agreement

              HFO Capital v Roland Wegmuller springs to mind too

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