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Unenforceability & Template Letters III

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  • InDeepDebt
    InDeepDebt Posts: 240 Forumite
    InDeepDebt wrote: »
    Wrote off to Barclaycard at the end of last month. They wrote back to me fairly sharpish - a copy of the letter is on the following links.

    Here's the first page:

    http://i773.photobucket.com/albums/yy19/jimbob_2010/Barclaycard1stCCArespletterp19feb.jpg

    And page two

    http://i773.photobucket.com/albums/yy19/jimbob_2010/Barclaycard1stCCArespletterp29feb.jpg

    And then the terms and conditions

    http://i773.photobucket.com/albums/yy19/jimbob_2010/BarclaycardTC9feb.jpg

    A few things. First, the terms and conditions have typed on the back T & C 1992. My Barclaycards were taken out well before this time.

    Second thing is page two of the letter where they basically say that they have fulfilled their obligations. In my view they haven't. I'm assuming that I go to the CCA follow up letter now. Just checked and it looks like it's the CCA Dispute - Terms & Conditions Supplied letter.

    Many thanks for this thread and big thanks to Never In Doubt for all the hard work that he puts in.

    Cheers

    Jim
    never-in-doubt wrote: »
    When were yours taken out? Keep that copy they sent you handy - may come in use later on ;);)



    No - they are sending the agreement - in their letter it states it will be sent separately so wait! Wait for as long as necessary, the agreement is currently unenforceable and remains so until they send it.

    Do not send the above letter matey :p

    Many thanks for your answers. I have no idea where you get your time for answering everyone on here - but am glad that you do.

    Anyhow, my cards were taken out round about 1985 or 86.

    I got the so called CCA through - it is as per the following letter that calls it the terms and conditions:

    http://i773.photobucket.com/albums/yy19/jimbob_2010/Barclaycard2ndCCArespletter10Mar.jpg

    And here is what they supplied - it states Credit card agreement on the first page but I'm not so sure. Also, as can clearly be seen, the logo is a current one - not the one from back in the 80's.

    http://i773.photobucket.com/albums/yy19/jimbob_2010/BarclaycardTCnewp110Mar.jpg

    http://i773.photobucket.com/albums/yy19/jimbob_2010/BarclaycardTCnewp210Mar.jpg

    http://i773.photobucket.com/albums/yy19/jimbob_2010/BarclaycardTCnewp310Mar.jpg

    http://i773.photobucket.com/albums/yy19/jimbob_2010/BarclaycardTCnewp410Mar.jpg

    Thanks

    Jim
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    in_to_deep wrote: »
    not checked them my self but hope they are.:o

    Hmmm, risky gamble but all the same - if you think they are then you should be able tp ick up where they left off then... ;)
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • libbyjade
    libbyjade Posts: 180 Forumite
    edited 11 March 2010 at 10:25AM
    Hi NID,

    I sent a final response letter to RCO/NCO/RMA (how many names can one company trade under!) regarding an MBNA unenforceable agreement - they've never sent me any agreement.

    However RMA are still making tel calls to my mobile & home re the debt. I am of course yet to actually speak with them! lol

    I was wondering what letter I need to send now - should it be 13.1 - Harassment by Telephoneand just add details that I sent a final response letter on XXXX and until they provide me with a true copy of my CCA I expect all calls to cease with immediate effect?

    Cheers
  • wibbl
    wibbl Posts: 8 Forumite
    Hello NID,

    I have had a reply from barclaycard to my CCA request and they have sent me this:-

    Dear Wibbl,

    Thank you for contacting us. Enclosed with this letter is a copy of your Barclaycard Terms and Conditions. If you need any extra information or if you've any questions then visit our website wwwblahblahcard.co.uk or give us a call.

    Thank you for choosing barclaycard. We appreciate your custom.

    Yours sincerely

    Nothing else just the terms & conditions?
    I suppose from looking at your flow chart I would have to send them this letter now 3.2 - CCA Query - Terms & Conditions Supplied
    but if you could confirm it it would be greatly appreciated, and also I was just wondering when is a good idea to stop paying them?

    Thanks for your help so far its been fun :-)

    Wib
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    libbyjade wrote: »
    I was wondering what letter I need to send now - should it be 13.1 - Harassment by Telephoneand just add details that I sent a final response letter on XXXX and until they provide me with a true copy of my CCA I expect all calls to cease with immediate effect?

    Cheers

    Yes matey - spot on :p:p:p
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    wibbl wrote: »
    I suppose from looking at your flow chart I would have to send them this letter now 3.2 - CCA Query - Terms & Conditions Supplied
    but if you could confirm it it would be greatly appreciated, and also I was just wondering when is a good idea to stop paying them?

    Thanks for your help so far its been fun :-)

    Wib

    You got it spot on, send the letter 3.2 as directed, also stop paying them already lol...... :D:D

    Have you been defaulted though? If not then you know this will happen? Are you sure about this? If it is your only account then think long and hard - if your credit is already shot, then stop paying. :p
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    InDeepDebt wrote: »
    Many thanks for your answers. I have no idea where you get your time for answering everyone on here - but am glad that you do.

    Anyhow, my cards were taken out round about 1985 or 86.

    I got the so called CCA through - it is as per the following letter that calls it the terms and conditions:

    http://i773.photobucket.com/albums/yy19/jimbob_2010/Barclaycard2ndCCArespletter10Mar.jpg

    And here is what they supplied - it states Credit card agreement on the first page but I'm not so sure. Also, as can clearly be seen, the logo is a current one - not the one from back in the 80's.

    http://i773.photobucket.com/albums/yy19/jimbob_2010/BarclaycardTCnewp110Mar.jpg

    http://i773.photobucket.com/albums/yy19/jimbob_2010/BarclaycardTCnewp210Mar.jpg

    http://i773.photobucket.com/albums/yy19/jimbob_2010/BarclaycardTCnewp310Mar.jpg

    http://i773.photobucket.com/albums/yy19/jimbob_2010/BarclaycardTCnewp410Mar.jpg

    Thanks

    Jim


    Hiya

    All the above is bollox.

    Ok, few things to note:

    1. Logo is current
    2. These are Ts & Cs - not a CCA
    3. This is current terms - not terms from the time you applied - the giveaway is the £12 charges - back then it was £35!
    4. No signature on the same page as the "alleged prescribed terms"

    It is 100% unenforceable, you should send this back to them: 3.2 - CCA Query - Terms & Conditions Supplied

    Sorry for the delay, i'd not forgotten you but just busy and a lot to read through :eek: :eek:
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • InDeepDebt
    InDeepDebt Posts: 240 Forumite
    never-in-doubt wrote: »
    Sorry for the delay, i'd not forgotten you but just busy and a lot to read through :eek: :eek:

    I have no idea where you get the time from anyhow. I'm pleased that you do take the time though - even just for 'sanity check' questions like mine.

    Cheers

    Jim
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    InDeepDebt wrote: »
    I have no idea where you get the time from anyhow. I'm pleased that you do take the time though - even just for 'sanity check' questions like mine.

    Cheers

    Jim


    No probs Jim, see what they send back and we'll sort you a reply.... :p:p
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • maz1964
    maz1964 Posts: 903 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    hiya Niddy and all

    just a flying visit and catch up, done my letter short and sweet to my wordings like you and others have said, have to do a bit of work ourselves:rotfl::rotfl: no i did enjoy it honest, put my own personality on it :j

    catch up laters have fun maz thanks for your help
    Sealed Pot Challenge member 1525

    "Knowledge is the Power to get Debt Free":j

    Truecall device, stops all the unneccesary phone calls - my sanity has been restored and the peace in the house is truely priceless!:rotfl:
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