Barclaycard CCA response - Help please....

BlueIsTheColour

Must have been my day for it, two together, see my other Moorcroft thread for the other one.

Have finally after 8 months had a response from Barclaycard, and I think its a load of old tosh, but would appreciate some input from the clever people on here. Will post the letter and the supposed agreement up but as its just a copy of something that contains none of my details I dont see how this can be right??

I hope someone can help me??

Thanks in advance

EDIT - Pics removed, to avoid nosey parkers from other locations,

Thanks to all for their help

50broke

Hi that is exactly the same thing that Barclaycard sent me, with absolutely no details whatsoever pertaining to myself. I am baout to send off another letter to them. The only difference is that I have not yet defaulted and they still own the debt...........keep me posted .....

BlueIsTheColour

Oooh interesting, what letter are you sending?

Although they say it is in recovery it is still with Barclaycard via their many aliases of Mercers, Calders and whoever else chooses to send a letter, I just dont see how this can possibly fit with the requirements of what a CCA must contain?

50broke

hi i will find the letter and send it off to you tomorrow via pm

BlueIsTheColour

Brilliant, thanks 50broke, much appreciated!

I can't believe a company is so big has no clue about anything, haha! Luckily my account is still on hold with them pending a complaint being investigated by the Ombudsman, who I have to say is also god damn useless!!

worried_jim

I have a similar letter as well from the Nationwide and really want to post it onto the debt free thread just like you have done above but I am unsure how to do it after I've scanned it, you've managed it how did you do it? any help greatly appreciated. Jim.

50broke

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

Account Number: XXX

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

I note that you have replied to the above by sending your companies current Terms and conditions I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act.

To clarify, just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement.

This breach of the agreement can be demonstrated as follows;
As you will know section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.” This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557.

Before leaving section 180 there are two other sections that should be remembered these are:

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

And more importantly

Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations.

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

The regulations state:
(2) There may be omitted from any such copy-
(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;
(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations.

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions.
It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

I hope this explains why your reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues

Yours faithfully

PRINT ONLY - DON'T SIGN YOUR NAME


I am going to send this... you can try this too.. good luck!:T

BlueIsTheColour

worried_jim wrote: »

I have a similar letter as well from the Nationwide and really want to post it onto the debt free thread just like you have done above but I am unsure how to do it after I've scanned it, you've managed it how did you do it? any help greatly appreciated. Jim.

Hi Jim,

Once you have scanned it in, you need to upload it to a photo hosting site, I use photobucket, and when it is on there you will get an IMG code, which you post on here, for example, mine would be

[I M G]http://i170.photobucket.com/albums/u267/nellysplace/CCAAgreeSide2.jpg[/I M G]

but where the IMG is between [] you would omit the spaces as shown in my example above and it would then post the picture, the reason I have put spaces in is just to show you how to do it. I think I have made that sound far more complicated than it is, just PM me if its not clear and I will try my best to help

BlueIsTheColour

Thanks 50broke that letter is brilliant, will get that copied and pasted and sent tomorrow, you're a star :T

Will let you know how I get on but as it took them 8 months to send this useless piece of paper, don't hold your breath

worried_jim

BlueIsTheColour wrote: »

Hi Jim,

Once you have scanned it in, you need to upload it to a photo hosting site, I use photobucket, and when it is on there you will get an IMG code, which you post on here, for example, mine would be

[I M G]http://i170.photobucket.com/albums/u267/nellysplace/CCAAgreeSide2.jpg[/I M G]

but where the IMG is between [] you would omit the spaces as shown in my example above and it would then post the picture, the reason I have put spaces in is just to show you how to do it. I think I have made that sound far more complicated than it is, just PM me if its not clear and I will try my best to help

took about 20 attempts but go it. many thanks and good luck !

BlueIsTheColour

worried_jim wrote: »

took about 20 attempts but go it. many thanks and good luck !

Glad you got it sorted Jim :T