advice needed on barclay card and link financial debt collector

[baconbuttyman]

my wife had a barclay card debt which has now been bought by link, she foned barclaycard for the statements ect they said they sold the debt on to link, we asked them for the statements they said it £5 per statement, ha, i tried quoting this that the other to no availe, can they charge £5 per statement or would sending the Data Protection Act request to them, get past this, we though we would send one to barclay card and link financial
what the best way, i understood that a tenner was the going rate, so if i sentr the requests with a tenner check would that do it.

[alanfromderby]

Firstly, you need to send a Data Protection Act request to Barclaycard - your action for recovery of charges is against them.

Also the send this to the Debt Collection Agency with a £1 postal order:


Dear Sirs,

Account Number: xxxx xxxx xxxx xxxx


Please be aware that I no longer acknowledge this debt to your company, and therefore require you to supply the following documentation before I will correspond further.

Firstly, you must supply me with a true copy of the agreement you refer to in this matter. This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974 - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.

I also require that you supply a signed true copy of the deed of assignment of the above referenced agreement.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, under section 189 of the CCA 1974.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. I am now initiating investigations with Barclaycard into the validity of the original amount that was claimed to be owed, and will be in contact with you again in due course. In the meantime please be aware that I consider this matter to be “in dispute”.


Yours faithfully


This should stop them persuing the matter for the moment - it may also cause them to shoot themselves in the foot.

Please update this thread when you receive anyinformation, I will then be able to advise on the next step.