Received three pages of CCA guff from barclaycard section 78 says this, section 189 says this, section 6o says that ...there's a quote from the civil procedure Rules (PR) 31.16 and 48.1 (2) .
They begin by saying 'you note dissatisfaction to the documents you received in relation to a request made under section 77/78 of the CCA 1974.' Yes I do because they haven't sent me the information I asked for, secondly I made no request for any info under the CCA.
They define an "executed agreement" (section 189 of the Act) as " a document, signed by or on behalf of the parties, embodying the terms of a regulated agreement." Does that mean that they should have signed the agreement as well? Because if it does then is there no agreement as they have not signed it?
What about this bit... "You may state that the application form which we provided you, for reference, when you made a request under Section 78 does not adhere to section 60. This is not a complete copy of the application form, but rather an excerpt to show you signed a contract with us. When you completed your application form, the document would have been presented to you in full, in a legible form, and would have adhered to the requirements under section 60 of the consumer credit act." Can I have a copy of that please with the signatures of both parties.
The last bit says they are not required to respond beyond the statutory response already given. They would require comprehensive legal and documentary evidence to support your claim ...
Well they had my default notice which they did not respond to in the stipulated time and so I believe we have a lawfullly binding tacit contract. I shall send a reply reminding them of this and that I have never requested information under the CCA 1974.and a copy of my fee schedule for further correspondence.
I am tempted to ask why they keep hiding behind the CCA and not just simply provide me with the specific documents i requested, surely they have proper records of accounts isn't that one of their legal requirements?
As always I am interested in any help/comments in this matter from you guys.
Best wishes to everyone fighting the good fight
by what authority are you using that name to identify a living man?