Goldfish debt moved to Barclaycard but...

DarkConvict

Goggle-ing CAG Forum takes you here http://www.consumeractiongroup.co.uk/forum/

Similar to this to this style forum, but has alot more about fighting back with the backing of the law. And lots of other consumer related issues.

Leixlip1

I've CCA'd Barclaycard for a former Goldfish card and they cannot produce one. Passed onto Aktiv who admit one doesn't exist and that they cannot take enforcement action but will I please pay and offer me discounts etc..........

Locke

I've CCA'd Barclaycard for 2 different cards, one I opened with them and another that was originally a Goldfish card.

The one I opened with them they've sent a few letters through trying to argue their case but as far as the Goldfish card goes they haven't sent back anything or even acknowledged I've asked them.

Read into that what you will.

SallyBeans_2

Leixlip1 wrote: »

I've CCA'd Barclaycard for a former Goldfish card and they cannot produce one. Passed onto Aktiv who admit one doesn't exist and that they cannot take enforcement action but will I please pay and offer me discounts etc..........

Guys n' Gals, What does CCA's mean? is it 'Credit Card Agreement? sorry to sound so dim.:o

I will write and ask for the Credit Card Agreement but if it doesn't exist, do you think I can eventually get out of paying-up?;)

Thanks, Thanks, and thanks SallyBeans

Locke

SallyBeans wrote: »

Guys n' Gals, What does CCA's mean? is it 'Credit Card Agreement? sorry to sound so dim.:o

I will write and ask for the Credit Card Agreement but if it doesn't exist, do you think I can eventually get out of paying-up?;)

Thanks, Thanks, and thanks SallyBeans

Yes it's a credit card agreement, if they haven't got it or the one they have doesn't contain all of the prescribed terms then the debt is unenforceable, they will still default you and chase you for the money but can't take you to court etc.

SallyBeans_2

Locke wrote: »

Yes it's a credit card agreement, if they haven't got it or the one they have doesn't contain all of the prescribed terms then the debt is unenforceable, they will still default you and chase you for the money but can't take you to court etc.

Hey Locke, thank you for taking the trouble to reply, really appreciate it.
if they can't take you to Court, then 'one' would be in a better position, so 'one' could, start bargaining to get them to give back all the ruddy interest the jammy b**ergs have been racking up?? I guess it's worth a try, as really they're on a hiding to nothing if 'one' pointed out that without a CCA there's not that much they can do?
True or not true?:T

DarkConvict

Without a CCA they cannot use court action to recover the money, CCJ, CO Bailiffs etc.

But they can ask for payment, even issue to a DCA to try and collect, apply late markers and defaults to credit file.

jim2007

On the subject of Barclaycard, who took over our Goldfish account, I have sent them a CCA and recieved a reply stating a load of waffle and that a copy of our current CCA will be sent under seperate cover and that, to cut a long letter short, they state that " this completes our obligation under Section 78 of the CCA 1974". This morning, I receive in the post a copy of Barclaycards Terms and Conditions!!!
I presume I can now respond with the letter that has been listed on many occasions before?
They are surely having a laugh! :j:j

SallyBeans_2

jim2007 wrote: »

On the subject of Barclaycard, who took over our Goldfish account, I have sent them a CCA and recieved a reply stating a load of waffle and that a copy of our current CCA will be sent under seperate cover and that, to cut a long letter short, they state that " this completes our obligation under Section 78 of the CCA 1974". This morning, I receive in the post a copy of Barclaycards Terms and Conditions!!!
I presume I can now respond with the letter that has been listed on many occasions before?
They are surely having a laugh! :j:j

That sounds about right Jim. I mean, their deliberate waffle-fuelled rubbish reply then to receive their T&C's is meant to put you off. Please let me know the letter you are going to respond with. You may have saved me some hassle by 'cutting to the chase'. Don't be put off, they're so low and sad. Thanks again, Good luck to you. SallyBeans:o

jim2007

Send off your £1.00 requesting a copy of your CCA (the template letter is on here).

If like me you get sent back the Terms and Conditions (as I expect you will) and them stating they are met with the requirements, sent this letter which I found on another thread:

Account No: XXXXXXXX

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account

I note that you have replied to my CCA Request by sending a copy of Terms & Conditions and not a True Copy of the alleged Consumer Credit Agreement, in line with my formal request. As such, 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. Just sending the Terms and Conditions is a breach of the CCA1974 and Regulations, 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 by quoting Section 180: s.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 mentioned, which 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 correct 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 cancellable 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, however, state that 'all terms and conditions should be within the agreement document and is explicit of the form in which it is presented'.

In either case, please confirm that you have, in your possession, a credit agreement that is in all ways fully compliant with the Consumer Credit Act 1974, as amended, and the subsequent regulations made there under. For the avoidance of doubt, if you are in possession of such a document, but are unable to supply me with a true copy of it, please outline your reasons why you are unable to supply it to me in your reply. Furthermore, I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as I have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.

I look forward to your response within the next 14 days.

Yours faithfully

Sign digitally


Keep in touch and we can follow each others progress!!! :T