Barclaycard - CCA Response

Image via WikipediaBarclaycard - CCA Response
I sent a cca request to Barclaycard back in Spetember and I have just received their response and it said the following: Thank you for contacting us. Enclosed is a copy of your Barclaycard Terms & conditions. If you need any extra information or if you've any questions then visit our website or give us a call. Thanks for choosing Barclaycard we appreciate your custom. Yours Sincerely Elaine Mockler Customer Service Director Any advice as to what I should do next? There was nothing in with the letter except the current Terms & Conditions. ska1664 View Public Profile Send a private message to ska1664 Find More Posts by ska1664 15th November 2008, 12:34 # 2 ( permalink ) cymruambyth Classic Account Customer Watch out, there are Claims Touts about! Search the Web here for your Christmas gifts. It helps us to pay our way. If we have helped you, please help us. Click here. Join Date: Jun 2008 Posts: 362 Re: Barclaycard - CCA Response You could try sending the following letter. Thank you to who ever wrote the original Thank you for your letter of XXXXXX, the contents of which have been noted. You have failed to respond to my legal request under section 77-79 of the Consumer Credit Act 1974 to supply me a true copy of the original Consumer Credit Agreement for the above account. To clarify, just sending the Terms and Conditions is a breach of the Act and Regulations as, 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 as follows: Section 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 remembered these 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 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 there under 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 state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented. I hope this explains why your reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues Yours faithfully cymruambyth View Public Profile Send a private message to cymruambyth Find More Posts by cymruambyth 15th November 2008, 15:45 # 3 ( permalink ) ska1664 Basic Account Customer Watch out, there are Claims Touts about! Search the Web here for your Christmas gifts. It helps us to pay our way. If we have helped you, please help us. Click here. Join Date: Jun 2008 Posts: 62

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