Unenforceability & Template Letters

never-in-doubt

Jackswan wrote: »

I am helping a family member deal with Barclaycard. They had followed this thread and the template N-I-D had prepared. They have had a response which is-
Thank you for contacting us. Enclosed with this letter is a copy of your Barclaycard Terms & Conditions. If you need any extra information or if you've any questions then visit our website www.barclaycard.co.uk or give us a call.
Thank you for choosing Barclaycard. We appreciate your custom.

I have read that Barclaycard are more awkward, if that is possible, than other credit card companies. Would this response require the same letter - Failure to comply with Consumer Credit Act 1974 ?

Terms & conditions do not satisfy a CCA request (s.77-s.78 of CCA(1974)) and so you write back using the second letter (page 1) advising that the items they sent does not comply with s.77-s.78 of CCA(1974) and until they send them the debt is unenforceable and no payments will be sent.

:beer:

debtdestroyer007

i have used NID 's letters for a family members credit card debts, barclaycard agreed to not pursue the debt, but the default stayed..... anyways the default had been on file for a while so no issues there.

def worth a go mate

Jackswan_2

never-in-doubt wrote: »

Terms & conditions do not satisfy a CCA request (s.77-s.78 of CCA(1974)) and so you write back using the second letter (page 1) advising that the items they sent does not comply with s.77-s.78 of CCA(1974) and until they send them the debt is unenforceable and no payments will be sent.

:beer:

Thanks N-I-D. This morning received from Barclaycard - Agreement for your Records from when the card was taken out in 1998. As you mention it is just a standard document, therefore as you suggest second letter page 1 will be on its way.

blueforyou

debt_obsessed wrote: »

Hi there,

I've been reading through various threads about CCA's and this one seems perfect for me as I don't really understand the whole process but thanks to your template letters and steps, I'm going to give it a bash.

I currently have about £29.5k worth of debt divided up between 8 DCA's. I currently run my own DMP with them and always pay on time and have done for the last 2 years. I'm not wanting to shy away from my debt but it would be amazing if I could help myself out a bit!

I'm going to send out my first batch of CCA request letters this weekend and see how I get on. My aim is to hopefully negotiate significantly lower F&F payments with them to just clear everything a.s.a.p.

Thank you for your templates - I'm sure i'll have questions along the way and feel free to tell me if I'm doing anything wrong!

I started off in similar circumstances to you about a year ago. Whatever happens stick to your guns. My experience with 11 DCA's tells me that shabby lot don't know what hit them!. I am paying two on my terms, partly because they treated me decently. The rest got back what they gave out, the only difference being I know the law thru this forum..

Good Luck

Jackswan_2

N-I-D will no doubt suggest that the second letter on page 1 should be sent out against the following. But, I thought it worthwhile sharing this response from MBNA which my son has received.

Thank you for your recent request for information under section 78 of the CCA 1974. In response to your request I enclose:
a). a copy iof your executed agreement
b). your up to date terms and conditions
c). a copy of your most recent statemnet which has been signed by us.

They also enclose an FAQ form.
What is the "copy executed agreement" you have sent me ?
We have sent you a copy of the credit agreement that you signed. Depending on how you applied (for example if you applied by post), this might be on the same page as the application form that you filled out.
Why have you sent me my up to date terms and conditions as well ?
Your up to date terms and conditions are the terms and conditions which presently apply, as your original agreement has been altered (legally known as a "variation") in accordance with its terms.

The document they have forwarded does give interest rates for cash transactions and cheque transactions.
It has a box stating that it is CCA Agreement, sign it only if you want to be legally bound by its terms. Signature of customer............blank
Please tick this box (dubious tick).
I confrim that the tick in this box is a valid means of establishing the authenticity and integrity of my signature to this credit agreement. I understand that MBNA will hold this acceptance data on their files.

I believe that this was done online, so there would not be a signature, not certain as to the validity of the date.

never-in-doubt

Jack, are all the prescribed terms intact? Check the repayments (in particular 'a through e' cos this is where they mess up).......

(a) Number of repayments;
(b) Amount of repayments;
(c) Frequency and timing of repayments;
(d) Dates of repayments;
(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

Also, when was the card taken out, i.e. what date?

Jackswan_2

never-in-doubt wrote: »

Jack, are all the prescribed terms intact? Check the repayments (in particular 'a through e' cos this is where they mess up).......

Also, when was the card taken out, i.e. what date?

Key Financial Information:

1a. We will choose your credit limit. We may vary it at any time and let you know.
1b. By the payment due date, you must pay whichever is the least of:
2.25% of the balance on the staetment, but, at least £5 or the balance on the statement if this is less than £5
1c. Your APR is 15.9% variable

Other Financial Information:

2a. If for example, you immediately borrow £1500 and pay it back in 12 equal monthly instalments, total charge for credit would be £123.71 not including the £1500
2b. Card purchases. For the first three months from opening date we will charge interest at rate of 0%p.a. After that it will be 15.9%p.a.
Similarly for balance transfers.
2c. Cash transactions in the first three months of the account opening, we will charge 24.9%p.a., and the same rate thereafter.

Key Information:

3. Default charges £12 for over limit, late payments.

The account was opened on the 19th March 2007

Still_surviving

Hello there NID

Firstly - the amount of effort and help you put into this thread can only be applauded

Ive been reading this thread with interest, but wrestling with my conscience a bit as Ive always been brought up to pay my debts. However...

I have two credit cards, one with Barclaycard, one with Barclaycard Mastercard and the two debts total approximately £15,000. I have some other cards as well with smaller balances but dont feel the animosity towards them as i do with Barclaycard and am inclined to pay them in full.

Having struggled with business problems through this recession, Ive still managed to make the minimum payments of around £360 a month, but something like £290 is disappearing in interest. They have increased my interest rate three times in a year at a time when bank rates are at an all time low - so this alone has pushed me past the point of my misgivings of not paying...

Anyway sorry for the ramble, but these cards were originally obtained back in the mid 80s when i got my first job - do you think this makes it more likely that the original agreement will have gone walkies?

Im going to do the 2 x opening CCA request letters as per your templates. I hope it will be okay to tap your brain as and when responses come in (or not)

Thanks in advance

never-in-doubt

Still_surviving wrote: »

Hello there NID

Firstly - the amount of effort and help you put into this thread can only be applauded

Ive been reading this thread with interest, but wrestling with my conscience a bit as Ive always been brought up to pay my debts. However...

I have two credit cards, one with Barclaycard, one with Barclaycard Mastercard and the two debts total approximately £15,000. I have some other cards as well with smaller balances but dont feel the animosity towards them as i do with Barclaycard and am inclined to pay them in full.

Having struggled with business problems through this recession, Ive still managed to make the minimum payments of around £360 a month, but something like £290 is disappearing in interest. They have increased my interest rate three times in a year at a time when bank rates are at an all time low - so this alone has pushed me past the point of my misgivings of not paying...

Anyway sorry for the ramble, but these cards were originally obtained back in the mid 80s when i got my first job - do you think this makes it more likely that the original agreement will have gone walkies?

Im going to do the 2 x opening CCA request letters as per your templates. I hope it will be okay to tap your brain as and when responses come in (or not)

Thanks in advance

Thanks mate :beer:

Yea, send Barclays the first letter (CCA Request) and see what happens, you need to do one per card and send £1 per card as well. I think you'll find they write back with 'we cannot find your agreement' or they will try and fob you off with a copy of any old thing!

Remember unenforceability will affect your credit file so if you have a clean file with no defaults/late payments then think hard as it will affect you for 6yrs.... yea, we can fight to get the defaults removed but its long, drawn-out and hard work (for me usually lol)......

Course we'll help as and when Barclays write back confirming they cannot comply with s.77-s.78 (CCA1974)...

never-in-doubt

Posted on Sutton's default removal letters thread earlier:

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Unenforceability & Template Letters

This thread has run its course and exceeded the suggested 1,000 posts. Can any updates please go on the link below; which is the most relevent thread and also contains the same letter templates and users from this thread.

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