Dear Sirs
Further to your recent visit I would point out that Barclaycard were asked to provide an original copy of my Consumer Credit Agreement in relation to the alleged debt on xx
To date they have failed to comply with my statutory request for a true, signed copy of a regulated credit agreement and have therefore defaulted in respect of the above account.
As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act, 1974 and is a complete defence in any court claim that is issued. It also remains unenforceable until such time as a default is either removed or enforced by a court of law. This means that any attempt by your company to enforce this alleged agreement will represent a further offence until such time as it can be produced in court.
As Barclaycard have been unable to provide me with the requested information within the legal timeframe, it is my belief that they were never in possession of a true copy of the alleged agreement, or of a signed, true copy of a Deed of Assignment. In light of this, I find it astonishing that you have had the audacity to claim for an alleged debt, without being able to provide any legal evidence that the debt exists, within the time frame allowed by law.
The law set in the Consumer Credit Act, 1974 must be abided by everyone; people and companies alike and taking the above into consideration, no court would look favourably upon your failure to provide true, accurate information which I assumed that you already had in your possession, prior to issuing letters demanding payment, these letters must cease whilst in dispute, otherwise these can and will be deemed harassment by letter, which again is against the law.
Furthermore, at no time did I consent to the processing by you of my data in any manner which would be unfair or inaccurate, or which in any way would breach The Data Protection Act, 1998. If this alleged debt had been legally assigned to you, then any personal data
relevant to the credit agreement allegedly entered into may only have been passed to you provided that my (the borrower's) authority was obtained in the original agreement.
However, you have certainly not requested and I have not given any permission for my personal data to be passed/shared/received by you.
Please note that I am only prepared to communicate with you in writing. Should it be your intention to arrange a "doorstep call", please remember that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).
Please therefore take note that, I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless.
Ironically, your failures prompt me to again focus your attention on the content of both the Consumer Credit Act 1974 and the Data Protection Act 1998, the substance of which should clarify your current position, future conduct and direction regarding both my personal data and unenforceable debts.
With regard to my personal data and your failure to produce the aforementioned documents, I also require that you remove any reference to this alleged debt from my credit file and request an immediate cessation of any processing of unsubstantiated data to third parties under provision of The Data Protection Act, 1998 & The Consumer Credit Act, 1974.
I shall also complain to the Trading Standards also the Office Of Fair Trading, and my Member of Parliament about your conduct in this matter and your liability for holding a Credit Trading Licence.
Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. In the meantime please be aware that I consider this matter to be “in dispute”.
Yours faithfully
Had a visit from Scotcall!!
Fortunately I was not in and my mother sent him packing. He left a card with his contact details.
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