unfurnished CCA s 77 notice

tomsco

Ok, just to confirm, they can't enforce the debt, but do you plan on paying back the money you owe?

PaulS43

PaulS43 wrote: »

{snip}..... 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 had this letter from me but done nothing with it?

To clarify: I stated that I know I don't have to pay while they don't furnish copies because I actually expected that people would tell me "You don't have to pay if they don't provide the documentation" rather than who I actually go about complaining to which is why I had come on here to ask the question!

For the record - if I just simply didn't want to pay, why might I want to come on here like a complete knob to say "Hello everybody!!! Guess what - I wrote to Barclays a month ago and they have ignored me so I'm not going to pay them any more......" Don't those of you who have jumped to this conclusion think that if I were going to do just that, then I would hardly need or want to make a public statement to that effect?

I asked who do I complain to because I am wholeheartedly sick of Barclays who just bang on any charge they fancy and ignore legitimate requests for paperwork. It seems to be alright for them to give it large and throw their weight around and remind me of my legal and moral obligations whilst overlooking their own!.... And you's lot (a portion of you) want to tell me I'm a £%"*&^^ for expecting them to play by the rules too? I ought to abide by the law and the spirit of the thing while Barclays pick and choose what laws they will abide by themselves and that's okay? No wonder they fixed the Libor rate - and nothing will get done about it, eh?

In closing, I have to say that I am disappointed in more than quite a few of the contributors who have made 2 & 2 make 5 and jumped to the wrong conclusion maligning me in the process. Judgemental where they have not been aware of the facts: Thanks for nothing. Having been a member / user of "moneysavingexpert" for more than 5 years I think I will turn my membership in and take myself off of Martin Lewis's email addresses list. Getting slagged off for asking who I complain to when a large public company ignores the law and publicly called a chav is something I could do without.

Goodbye

Eonel

Have some sympathy. This guys been waiting almost four years for an answer to his question.

https://forums.moneysavingexpert.com/discussion/comment/15108499#Comment_15108499

happy_bunny_2

If they don't send it and ignore your request, send a written complaint. I did this with marbles and they paid the £100 compensation i asked for time and postage for the 4 letters they ignored and told me they didn't have a copy.

If they hadn't I would have goes to FOS.

No issue really for me as I am paying the account, but I wanted to know where I stood.

izools

As above, Barclaycard aren't breaking the law.

They are simply putting themselves in a position whereby if you decided to default and refused to come to a repayment agreement they would be unable to obtain a court judgement against you should you file a defence stating no properly executed agreement exists.

They can stlll offset the balance against other products you hold with Barclays (i.e. empty your savings / bank accounts to clear the balance)
They can still default the account for non payment
They can still refer any arrears to a debt collection agency
They can still sell the debt on to a debt collection agency

It isn't a matter that Barcyacard haven't complied with the law, simply that the the Act (CCA1974) and Barclaycard's inaction now render this debt unenforceable in court for the time being, that's all.

It should also noted that some non-compliant credit agreements have been enforced in court before as whilst they have been found to be non compliant with the Consumer Credit Act 1974 they have still been found to be contracts (implied or implicit) under common contract law, so they could potentially still obtain judgement against you without a reconstituted agreement if they can prove tacit agreement to an implied contract to repay monies borrowed.