unfurnished CCA s 77 notice

PaulS43

Apologies to everyone if I've put this in the wrong place. I need a small amount of help: I wrote to Barclaycard first by recorded delivery, then by registered post during June to requects copies of my Barclaycard agreement. They signed for the registered post version on 18 June (the post office 'lost' the 1st notice - but that's an aside).

To date, Barclays still haven't furnished the true copies that law says they are supposed to...... So WHO do I complain to ? I know I don't have to pay whilethey don't furnish copies.... But who do I write to to place on record that Barclays have hd this letter from me but done nothing with it?

Many thanks to all for any help

bigadaj

It's. Little academic really isn't it. You don't have to pay but they will trash your credit file so you won't be able to borrow anything for six years, if that is what you want then sit back and enjoy the fact that you aren't paying them the money that you owe them.

~Brock~

A couple of genuine questions if you don't mind......

Are you in any doubt over whether you did ever enter into an agreement with them, and if so what went through your mind when the original card dropped through your letterbox?

If you do agree that you entered into an agreement with them then what are you hoping to achieve in the long run?

fermi

It's not a criminal offence. Or any sort of offence for that matter.

The only meaningful consequence of them not providing the appropriate copy documents after the 12 days, is that until they do so they will not be entitled to "enforce" the agreement. With after ruling in the High Court back in 2009, really only means that they should not be able to get a court order for enforcement. All other measure, like a default or asking you to pay are not enforcement under that meaning.

http://oft.gov.uk/about-the-oft/legal-powers/legal/cca/unenforceable-credit-agreements

Really, the only thing you can write at this point without making yourself look stupid, is to simply remind them that the request is outstanding and that they are not entitled to enforce via the courts until they do.

And as Barclays surely know that, even that is probably a waste of time.

PaulS43

For the benefit of other people who may face a similar problem - I spoke with Trading Statndards who referred me onto the CAB. They told me that I should write to Barclays to remind them of their legal obligation with a CC to The Financial Ombudsman. The postal address is:

Financial Ombudsman Service
183 Marsh Wall
LONDON
E14 9SR

Although doing this may prove a paper exercise, I know that if the Ombudsman takes this up, it will cost Barclays money..... And the greedy penny pinching scavaging parasites don't like that, do they!

sharpy2010

Its unlikely you'll like it when Barclays trash your credit file (and quite rightly so) if you continue down this path of trying to get out of paying what you owe.

chanz4

Are you an unfurnished payer?

jonesMUFCforever

PaulS43 wrote: »

Apologies to everyone if I've put this in the wrong place. I need a small amount of help: I wrote to Barclaycard first by recorded delivery, then by registered post during June to requects copies of my Barclaycard agreement. They signed for the registered post version on 18 June (the post office 'lost' the 1st notice - but that's an aside).

To date, Barclays still haven't furnished the true copies that law says they are supposed to...... So WHO do I complain to ? I know I don't have to pay whilethey don't furnish copies.... But who do I write to to place on record that Barclays have hd this letter from me but done nothing with it?

Many thanks to all for any help

That is complete rubbish - sorry.
They can re constitute agreements so all this time you have paid for registered mail has been a waste of time.

My advice - come to an agreement to repay what you owe.

Shelldean

You maynot want to borrow off Barclays at any point in the future, but by them trashing your credit file you'll find it difficult to borrow from anyone!!!

PaulS43

We do seem to have a lot of people who seem to have read all sorts of things into things that aren't there - even things that aren't implied. Also it's great to know that there are lots of people on here who are so full of themselves and how perfect they themselves are.....

And it does seem strange that a number of trolls thing that Barclays, through failing to comply with the law themselves and me actually having the audacity to even consider the audacious thought of getting the appropriate authority to enforce THE LAW make take it upon themselves to trash my credit rating for doing so????

I know, clubbing together to fix the Libor rate is just one of those things that banks can do because they are above the fraud law on that too - it only applies to the rest of us, eh?

bigadaj

Let us know how you get on.