Thread: Barclaycard response

Some job title she has. Wonder if her office is next door to the camp commandant...

I think you will find that this is the start of a long and annoying string of correspondence. I have been swapping three page letters with DLC/Hillesdens regarding my Bcard for about a year - bored with it now. I have even sent them one saying OK, if you are so adamant that your application form is an enforceable agreement then let's go to court. Now I just get boatloads of phone messages (three calls this afternoon) from DLC's robotic voice which I ignore. Will they ever go away???

Thank you for your response to my request under the Consumer Credit Act section 78.

I am pleased to see that you confirm this as a true copy of the original agreement executed by myself and Barclaycard in June 2000 under account number xxxxxxxx
As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act and is therefore unenforceable under section 127(3) of the same act.

As this is the case I will of course be making no further payments on this agreement, any further action on your part to enforce will be vigorously contested.

Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies including any defaults. Should you refuse to comply, you must within 21 days provide me with a detailed Breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

I shall also be considering further action to recover unlawfully applied interest and charges that have been levied on the “Agreement”.

There is this one.

ACCOUNT IN DISPUTE
Dear Sir or Madam,

I must admit that I am rather bemused as to why DLC continue to pursue this alleged debt, as it is in dispute with Barclaycard and has been since 28 June 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.

A letter from Hillesden Securities dated June 2007 intimated that my complaint would be resolved on within 21 days; this obviously hasn’t happened.

As Barclaycard are now in default of my Consumer Credit Act request, I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Now I would respectfully suggest that this account is returned to Barclaycard for resolution of these defaults and breaches, as DLC cannot lawfully pursue any enforcement activities.

If DLC chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

I hope that this will not be necessary and an acceptable solution can be accomplished. I would appreciate your due diligence in this matter.

Additionally, in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing, I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded.

I look forward to hearing from you in writing.

This one

And this one:

ACCOUNT IN DISPUTE
Dear Sir or Madam,

Formal Complaint
letter before action

With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your purusal and ease of reference.

You have failed to comply with request, and as such the account entered default on **DATE**.

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

* may not demand any payment on the account, nor am I obliged to offer any payment to you.
* may not add further interest or any charges to the account.
* may not pass the account to a third party.
* may not register any information in respect of the account with any credit reference agency.
* may not issue a default notice related to the account.

Therefore this account has become unenforceable at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harrassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

I reserve the right to report your actions to any such regulatory authorities as I see fit.
You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

I would appreciate your due diligence in this matter.

I await your rapid response.

Or you could combine all three to save postage. I have had lengthy replies to all of them but I have run out of things to say now.

Haha that is exactly the case maria - but it keeps someone busy at their end. Have you read diskmandave's barclaycard saga?