Unenforceability & Template Letters III

never-in-doubt

5corpio wrote: »

Hi NID

Postie was good to me this morning, i received letter from Barclay card Ref Thread: 3443.

As i waited for a repsonse from them as they were sending as mentioned in their letter' 'Please Note, a copy of your current Barclaycard Credit Agreement will be sent under seperate Cover'7

Replied with: 'Thank you for contacting us, Enclosed with this letter is a copy of your Barclaycard Terms & Conditions. If you need any extra information or you've any questions then visit our website or give us a call.

LOL - you as well? Everyone gets sent the same, there are 100's of similar posts and users on this thread that have had the same - send this back to them: CCA Query - Terms & Conditions Supplied

flo5

Hi NID

Re#3746

I have hopefully scanned and put these on photobucket with the following link (this is the first time l have used photobucket so apologies if l have got it wrong).
http://s769.photobucket.com.album/scarletthollie5

Many thanks

never-in-doubt

flo5 wrote: »

Hi NID

Re#3746

I have hopefully scanned and put these on photobucket with the following link (this is the first time l have used photobucket so apologies if l have got it wrong).
http://s769.photobucket.com.album/scarletthollie5

Many thanks

doesn't work - link is not valid...... can you email me the document, its better than photobucket - ive PMd you my email address....

Mateusrojo

Mateusrojo wrote: »

Thank you - letter prepared and will be sent today.

Also with regard to Barclaycard 1:

Sent CCA request and also reminder letter but have never received anything from them with regard to this account - however have this account at a different address to Barclaycard 2 (mail is forwarded) Have been receiving letters from Mercers re Barclaycard 1 which I have been ignoring - but in latest one they state that it is "further to my request to have no contact with Barclaycard via telephone or letter" - a request which I did not make! Should i send them the template for account sold whilst in dispute or just leave well alone?

I am raising this because the letter from Capquest is about Barclaycard 2 (debt amount and card number show this) but they have sent it to my Barclaycard 1 address!

I have been careful not to mix up addresses when responding so do you think they presume (stupidly) that there is one account which is why i am only receiving one lot of replies?

Hope this makes sense!

Hi NID

Received a response from Capquest that account is on hold until 16 June until they check things out!

Have also now received letters from Barclaycard 1 - the usual (or at least what I initially received re Barclaycard 2) - its a letter stating current credit limit the current balance and next minimum payment - plus fact that they will send copy of current Barclaycard Credit Agreement under separate cover - attached to this letter is a copy of the Sky Card terms and conditions (Sky card originally) but no signatures or even my address etc anywhere on this.

Second letter just included copy of Barclaycard terms and conditions - no agreement (which would surprise me if they had as not originally with them!)

So presume its - CCA dispute template - terms and conditions supplied?

On a different note - have discovered I have F**ked up slightly with Capital One.

History:
Sent CCA request
They sent application form
Sent CCA Query
They sent letter saying they had complied
I sent final response

They have now written me another letter - which is scanned here:

They point out that I put the wrong account number on my last letter - but they have responded to my "issues" based on my account number (checking back I have discovered I put it wrongly also on the CCA query letter- cut and paste mistake due to writing to numerous Credit cards!)

Letter is here: http://s800.photobucket.com/albums/yy290/mateusrojo/CapOne/

Should I resend the final response letter with correct number or is there a more suitable reply to this one?

ALSO sent Albion (re Sainsbury card) a letter - debt sold while in dispute but they have ignored this and sent another letter asking me to pay - happy to ignore - is this ok?

Thanks in advance!

elsie52

Hi Niddy,

I have received CCA back from Lloyds re CC, and the only thing that I can see missing is the Credit Limit and also the terms and conditions page is not complete, it looks like something has been torn off the bottom of the page. Would you possibly have a look at it for me.? Shall I scan and post onto imageshack or could I email it to you. I am fully expecting this one to be enforceable.

Thanks very much Niddy

5corpio

Mateusrojo wrote: »

Hi NID

Received a response from Capquest that account is on hold until 16 June until they check things out!


Second letter just included copy of Barclaycard terms and conditions - no agreement (which would surprise me if they had as not originally with them!)

So presume its - CCA dispute template - terms and conditions supplied?

They have now written me another letter - which is scanned here:

Letter is here: http://s800.photobucket.com/albums/yy290/mateusrojo/CapOne/

Thats a same letter i got from Capquest/CapOne (same format letter)

Utopia

Hiya Everyone,

Hope you are all still going strong :j
My it's been a busy busy wee thread recently. Been catching up inbetween my shifts with all the updates, especially Lloyds which I'll watch with interest.

My only news today is with Sears/Creation.
My last post #2896
My last letter sent #2908 Debtors Final Response - CCA Received

Their letter today reads:-

"I can confirm that we did respond to you in accordance with section 78 of the Consumer Credit Act 1974, including the further minor requirements which were introduced following the High Court decision of His Honour Judge Waksman, QC, given in the High Court on 23 December 2009. The true copy which was sent to you was in accordance with the Consumer Credit(Cancellation Notices andCopies of Documents) Regulations 1983 (Statutory Instrument 1983/1108), the details of which you are aware.

You now say you had an expectation of receiving a signed copy of you agreement.Whilst this is not a requirement of the above quoted regulations, we are happy to supply you with a microfiche copy showing your signature"

"In response to your request that you wanted the account closed, we can confirm we have suspended the use of your card pending clarification of your willingness or reluctance to pay.
We do not agree with your views on unenforceability and consequently expect you to pay the outstanding balance until the account is settled.What we can do is submit this to a court for a decision on enforceability and your assertions made, if that is what you wish."

Enclosed was another illegible A3 copy of the agreement as before and although I could see my handwriting I could not read ANY of their document
Should I be sending one of the new templates now?

Refusal by Lender/DCA - to accept Unenforceability

Cheers for now Nid.

X

Locke

Afternoon NID.

Bit of a catch up because the letters have dried up lately!

Final response sent to all but one which I started a little later, it's with Barclaycard so I have to go through all the terms and conditions hoopla first, I must be in the stage where they are about to pass it on to in house DCA's to chase me up.

The good news is Cap One have stopped calls completely and I haven't received one since last month, the bad news is Barclaycard seem to be worse than ever but I'm waiting for them to reply to the last letter you wrote for me before making another move, had the odd call off Halifax but nothing too persistent as yet.

That's about it really, more a drop in to say hello more than anything else.:)

MRDOLLAR

NID and the rest of you guys and Gals thanks so much for all your advice. Im gonna send the letter Refusal by Lender/DCA - to accept Unenforceability first thing in morning!
Ill keep youu in formed!

johnglov

johnglov wrote: »

Hi Nid

Well I have not paid anymore payments but still have not received a Credit agreement from Barclaycard.

I have received numerous phone calls which have now escalated to at least 4 every day, I even answered one of them and asked them to write to me and they told me that they would just call back.

I have received three letters from Barclaycard which I have included. I am worried about my credit record and also about the threat of debt collection agency.

What should I do now?

Thank you

John



BARCLAYCARD SERVICES
ACCOUNT NUMBER:

Barclaycard House
PO Box 5592
Northampton NN4 1ZY
Tel: 0844 811 9111
25 February 2010

Reference: SECTION 78 of the Consumer Credit Act 1974

I write further to your letter requesting a copy of your executed agreement for the above account.

The information we must provide to you under the terms of Section
78 is prescribed by the Consumer Credit Act 1974 and by the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. Under Section 78, we must supply you with a copy of your executed agreement and a statement of account which is practicable to refer.

• The current credit limit on your account is
· The current balance on your account today is
· The next minimum payment of £209.41 is due on 16/03/10

Please note, a copy of your current Barclaycard credit Agreement will be sent under separate Cover.

You will be receiving your next statement shortly which will provide you with full details of your account.

With reference to the Civil procedure Rules (the "CPR"). We have provided you with sufficient information to allow you to understand our position. The CPR does not confer an automatic entitlement to documents before proceedings start. CPR 31.16 provides that a party may apply to the court for pre-action disclosure in certain limited circumstances, which do not apply here. The application must be supported by evidence - and the usual order is for the applicant to pay the costs of the application, including the respondent's costs, together with the respondent's costs of complying with any order that is made as a result (CPR 48.1(2».

While there is no formal obligation on our part to providedocumentation in answer to Validation of Debt correspondence, wehave undertaken steps to provide you with the contractual termsunder which your financial obligations arise and a statement ofaccount.

I am fully satisfied that the sum outstanding by you remains legally due and payable. You should continue to repay the outstanding balance owed on your account in accordance with the terms of your credit agreement. If you do not, we may register a default against you with credit reference agencies, although we will formally notify you before doing so.
This completes our obligation to you under section 78 of the Consumer Credit Act 1974.

Yours sincerely
Kimberley Crosby
Barclaycard Customer Services

10 May 2010
Account Number
Outstanding balance
Payment Due
Request for payment
Barclaycard
1234 Pavilion Drive
Northampton, NN4 1SG
Phone: 0844 556 0059
Fax: 0151 5497051

Your Barclaycard account is now overdue and we need a payment from you. The details of the payment required are shown above. Remember; you'll be unable to use your card until you've made this payment. Also, you may have to pay other charges if you fail tomake your payments.

If you have already spoken to us regarding this matter or you have made a payment for the required amount, please disregard this letter and continue to maintain your account in line with your statements.

Your credit rating
We share information about our customers with Credit Reference Agencies, and if you don't make payments by the due date each month this could affect your credit rating. Please remember to make your payments by the due date shown on your monthly statement to avoid having a negative credit rating.

How to pay

There are several ways to pay:
• Pay by debit card at our website
• Call us on 0844 5560059 to make a debit card payment or set up a direct debit. We are open Mon-Fri 8-9 & Sat 9-9 & Sun 9-9
• Call into any branch of Barclays
Need help
If you are having trouble making your payments, please call us. We want to help you through any financial difficulties you may be having.
Yours sincerely



31 May 2010
Account Number
Outstanding balance
Payment Due
Barclaycard
1234 Pavilion Drive
Northampton, NN4 1SG

You are behind with the payments on your Barclaycard account.

Request for payment

Your outstanding balance and the amount you need to pay to bring your account up to date are shown above. We’ve withdrawn your-ability to useyour credit card because you have not sent us any payments since our last letter to you. Once we receive your payment, we will review your account status with a view to allowing you to use your card once again.

Debt Collection

You must make your payment or we'll instruct Mercers Debt Collections Ltd to send you a default notice in accordance with our rights under section 87(i) of the Consumer Credit Act 1974. This action may affect your ability to obtain credit in the future.

How to pay

There are several ways to pay:

• Pay by debit card at our website
• Call us on 08448914997 to make a debit card payment or set up a direct debit. We are open
Mon-Fri 8-9 & Sat 9-9 & Sun 9-9.
• Send a cheque to Barclaycard, Dept PP, Thynne Street, Bolton, BL 111XX.

Need Help

If you are having trouble increasing your payments, please call us. We want to help you through any financial difficulties you may be having.

Yours sincerely