Barclaycard CCA final response

Oneday77

I have used the templates that one of the most impressive and helpful Forum posters ever known to man\womankind. N.I.D he has been a god send to us all and the muppets who chased him off, well you all know what we think about you.

To my point I sent Barclaycard the CCA, CCA reminder & the Cease letters. They never once replied and I had left it at that. However I have been finding more breathing space lately so I wanted to get it all finallised. So I complained to the FOS, funnily enough Barclaycard replied. The response to me was nonsense and purely a typed up balance and 2008 t&cs. My account was opened about 2004 so I thought rot. I replied back with N.I.D.'s Final Response and I have attached Barclaycards Final response.

Where do i go from here? Do I request a SAR?

Bearing in mind they have never replied with my CCA.

pepe2008

Couldnt read the response that you posted but at a guess...

It'll be something about the Copy Documents and Cancellation Notices, 1983 Amendments, along with just some Terms and Conditions that they claim would have been in place when you took out the Account.
This means nothing at all.
They would also probably be spouting about 'you may request the required Documents, but will be liable for the costs of their retreival ( or similar) this is also rubbish.~
If they want to get you into Court they will HAVE to provide a Copy of the Original Agreement which will be required under Civil Procedure Rules. The Court may not know this though, or care, or it just gets bunged through a 'Bulk Centre' and no-one gives a flying 'duck'.

Providing just a 'reconstituted' Agreement is also rubbish, thats only, possibly, acceptable when an illegible ( unreadable) Agreement has been provided.

Barclays make their own Rules up and try to just send you reams of bumph to make you think that they are right, if you haven't sent them a Default ( Failure to Provide Agreement) Notice then make sure you do so.

thats the extent of my knowledge, check it out though. Just dont let Barclaycard and their bleatings put you off the fight.

DVardysShadow

Oneday77 wrote: »

I have used the templates that one of the most impressive and helpful Forum posters ever known to man\womankind. N.I.D he has been a god send to us all and the muppets who chased him off, well you all know what we think about you.

Off topic to your main point.

It was a shame that MSE did not deal with the cretins who were impersonating NID much more firmly and a shame that they were not more supportive. Ultimately, the failure to deal with the situation reflects poorly on MSE - it was more than a personal attack on NID - it was an attack on the integrity of this site.

NID is still around on http://forums.all-about-debt.co.uk

in2deep_2

I thought that the CCA request was not enough these days and that your better off going for the SAR.
As i read on another forum a CCA request doesnt have to produce the original agreement but the SAR does.

Feel free to correct me.:o

PARIS_5000

Oneday77 wrote: »

I have used the templates that one of the most impressive and helpful Forum posters ever known to man\womankind. N.I.D he has been a god send to us all and the muppets who chased him off, well you all know what we think about you.

To my point I sent Barclaycard the CCA, CCA reminder & the Cease letters. They never once replied and I had left it at that. However I have been finding more breathing space lately so I wanted to get it all finallised. So I complained to the FOS, funnily enough Barclaycard replied. The response to me was nonsense and purely a typed up balance and 2008 t&cs. My account was opened about 2004 so I thought rot. I replied back with N.I.D.'s Final Response and I have attached Barclaycards Final response.

Where do i go from here? Do I request a SAR?

Bearing in mind they have never replied with my CCA.

Did the FOS not rule in you favour ?

Oneday77

PARIS_5000 wrote: »

Did the FOS not rule in you favour ?

I haven't heard from them yet. BC keep saying that with the CCA they don't have to provide an actual copy of the agreement and in their response they have quoted a court ruling. Probably just mumbo jumbo but I wantyed to check. I reckon I will do a SAR anyway, I am almost positive they won't have it.

This account was actually closed 5+ years ago. But I had a recurring Credit Card Direct Debit with hotmail. So they reopened it and gave me a £6k limit straight off. The smelly hit the fan at home and it made life achievable. Things have improved no end now but this gone wopuld be even better.

I may chap up Niddy even if my letter is useful as an example I would be happy.

Lowell were happy enough to climb back into their shell when they couldn't produce a CCA so why can't BC do the same.

in2deep_2

You should always do an SAR if you suspect a CCA isnt correct,only the SAR will show the truth...and it has to unlike the CCA.

never-in-doubt

Or go ahead and hit them with CPR 31.16 - that's the other option, they then have to declare if they have the original or not and if so, they mst let you see it.....

Its basically action prior to court so quite serious - but to be fair no need to tie up loose ends, if it is UE then it stays so until they decide to pursue you.... either way you'll have a default and a debt, UE just means they cannot take formal action against you until they have an original - s.127(3) would still come into effect regardless of CCND 1983 Regs.....

Thats my tuppence... you know where i'm at if you need help.