Thread: No Signed agreement. Morgan Stanley, Gold Fish, Barclay Card, Please help

Hi I am new to this and really need some guidence.

I had a CC with MS which then went to Gold Fish (GF) then to Barclay Card (BC)

I have wrote to them all trying to locate my signed agreement, the fist letter sent back in Nov, and more recently Decemeber which I will copy and paste below.

I have since due to not hearing from any parties canceled my direct debit and am now been chased by BC to pay and been threatend with charges and defaults even though I have placed my account in dispute.

Shall I stand my ground and not pay untill I get my agreement, or should I pay? Are they allowed to charge interest and add charges to my account?

I am hoping they can not locate the signed agreement which to my understanding will ake the debt uncenforcable?? please get back to me



Copy of letter sent and signed for by BC or 03-12-08

Re: My request under the Consumer Credit Act 1974[/font]

Dear Sir/Madam

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.[

My request remains outstanding. terms and conditions, like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. terms and conditions neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

You had until 28/11/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.


Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

Yours Faithfully



Tom Williams



...................... Thanks for reading.................. ...

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Hi Tommow have you had a reply to that letter yet? You are quite right in saying they should not be hassling you for payment until they have sent your agreement. When was your card taken out?
(BTW if that is your real name at the bottom I would edit it out as DCAs and banks prowl the forums!!)