Thread: Barclaycard - Their response to my CCA request - Please Help

OOH, Nice terms and conditions. Why do they keep sending these things out. Do they think we are complete idiots (don't answer that)

Personally I'd send them an account in dispute letter as they have failed in your request. If they had sent you nothing then I would have said sit it out but they think you have now got what you asked for so they can now enforce the debt. It's down to you to tell them that it's a pile of pants(baggy ones at that!)

fox

Originally Posted by roors

Hi

I can't offer you any help - but was wondering how long it took them to provide you with their response. I CCA'd them on 2 December and have had nothing back - that is with the execption of a new card - stupid or what

I hope you are not using the new card as if you do and they come back with an UNenforceable agreement, it could look like unlawful enrichment to them.
Just a thought

fox

One of the regular Caggers here, Idainfife did this wonderful letter and I am shamelessly ripping her off
Account In Dispute
Ref:
Dear Sir/Madam
Thank you for your letter of xx/xx/xx, the contents of which have been noted.
You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.
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 perusal and ease of reference.
You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)
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.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.
Furthermore
You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.
This limit has expired
As you are no doubt aware section 77(6) states:
If the creditor fails to comply with Subsection (1)
(a) He is not entitled , while the default continues, to enforce the agreement.
Therefore this account has become unenforceable at law.
As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.
Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.
Furthermore I shall counterclaim that any such action constitutes unlawful harassment.
Please note you may also consider this letter as 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.
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 not respond within 14 days I expect that this means you agree to remove all such data.
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 credit agreement is a very clear dispute and as such the following applies.
* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.

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 therefore request a copy of your official complaints procedure which you are obliged to supply.
I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.
Yours faithfully,


Check this out:

-----------------------------
You may need to do a little editing but it should do for your needs.


fox

Yes they could send you a copy without your signature but it still must comply (APR,terms etc.) but if they took you to court they must produce the original agreement.
What they have sent is just terms and conditions and nothing that could remotely look like an agreement.

fox

I think you may be missing the point. Even a true "copy" has to have some relation to you.I.E Your name and address on the agreement and a space to sign acknowledging that you agree to the terms even if that space is blank.
They can't send you a completely blank agreement as that could relate to just anybody.
As it is they haven't sent you anything remotely like an agreement, just terms and conditions related to the account (I presume)
If you need reassurance, keep bumping this and others with more knowledge than me will have a look.

fox

posted twice for some reason

Cosalt, I understand you reluctance to accept a couple of peeps word for it but as beachcomber has just said. Unenforceable. It is just the terms they send out with your agreement, not the actual agreement.

fox

just another thought.
this is what one of my DCA's thought is an agreement. see how it differs from your paperwork



That is an agreement(although totally unenforceable)