Thread: Another Barclaycard CCA response! or not!

Hi everyone,

I am currently with 'Mercers' regarding my CC with BC. Can't remember exactly when I had my CC but think it was in or around March 2004. I fell into difficulties in 2005/6 and was issued with a default notice from Mercers 13/01/2006.

Ever since I have been making payments to them and not received anything else from them since March 2006. Looks like I might be one of the 'lucky' ones who has not been hassled by them at all but equally not sure what my outstanding balance is with them.

I requested my CCA from them on 9th January 2009 and today received a copy of their T&C's and their usual apology letter. See attached. Why they've put XxXx in the Standard Rate and Cash Rate APR boxes I don't know?


It would appear then that this is the usual response to a CCA request at the moment so will be sending off the next letter in the process.

Thanks for all your support. Will update my thread over time.

xx

hello texanbar

ive visited ts today re my hubbys card and i showed them the same as what you got, they said to me that this does not comply and its only the terms and condititons not a copy of the agreement

we have already refuted what we have had but in the meantime crossed post we think mercers now involved,

but if you havent already informed your ts, i think it wont harm you in any way , as what i showed my ts guy today from all the ones im dealing with and from different creditors, only 1 out of about 12 was really a compliaant credit agreement with the prescribed terms and my signature and the terms and conditions on a seperate document.

good luck i will sub to your thread and im will update the barclaycard one for myself too

take care laters angel x

It would appear then that this is the usual response to a CCA request at the moment so will be sending off the next letter in the process.

Just to make sure you are sending them the correct letter, which letter are you intending to send to them?

Hi Rory

This one, I found it on one the Muffintop's thread (I think). Was going to adapt it because I have not been hassled with regards to telephone calls etc.

Angel - sorry what does ts mean?

Many thxs,
TB

Actually I think I might not send them this months payment and donate my £15.00 here. If I get this letter out tomorrow, my payment date is the 28th and I can cancel my S.O. tonight :grin:

[FONT='Verdana','sans-serif']Dear Sir/Madam,[/FONT][FONT='Verdana','sans-serif']

[/FONT][FONT='Verdana','sans-serif']FORMAL COMPLAINT A/c no. xxxx xxxx xxxx xxxx[/FONT][FONT='Verdana','sans-serif']

[/FONT][FONT='Verdana','sans-serif']Thank you for your letter of xx/xx/xx, the contents of which have been noted.[/FONT][FONT='Verdana','sans-serif']

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 the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. 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 you enter 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.

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.

Despite my letter regarding ANY communication from your company, which stated that I require ALL communications in writing, your telephone calls continue.

This behaviour constitutes harassment; the letters stated quite clearly to you that I require ALL communications in writing for future use. Do not telephone me again - remove any telephone numbers you hold for me from your systems.

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that ALL telephone calls are taped.

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, has now been submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully[/FONT]

very sorry, ts i meant trading standards

i can see you found an appropiate letter...

i would keep all your copies of letters and any replies you get together with the envelopes, i also mark my letters received and envelope with the date too


good for your paper trail and gathering of evidence incase you need for the future

take care laters angel x

Ahh thxs angel

xx

Hi Rory

This one, I found it on one the Muffintop's thread (I think). Was going to adapt it because I have not been hassled with regards to telephone calls etc.

I would send the following instead.

Dear Sirs,

Account Number: XXX

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

I note that you have replied to the above by sending a copy of your companies current terms and conditions I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act.

To clarify, just sending the terms and conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement.

This breach of the agreement can be demonstrated as follows;

As you will know section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.” This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557.

Before leaving section 180 there are two other sections that should be remembered these are:

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

And more importantly

Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations.

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

The regulations state:
(2) There may be omitted from any such copy-
(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;
(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations.

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions.
It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

I hope this explains why your reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues

Yours faithfully

BC may have fulfilled their obligation to provide a response to your CCA request by replying as they have with T&C's.

No they haven't slick.

hiya

i used very similar letter to Bank of Scotland, and i still got rebuffed that they are insisting to me they have sent what they should - spoke with ts who told me that this is definately not sufficient, thus to take my complaint to fos, as ive received a d deadlock responce from bos, (by the way who have defaulted and terminated my account)

i have now sent bcard the same letter only past couple of weeks, as a dispute and complaint, im awaiting on responce in the meantime have set mercers on to us, put am putting them straight now too

so keep in touch ive subbed to your thread we shall see what develops

take care keep your spirits up okay

laters angel x

thanks texanbar for the click on my scales

listen i know exactly how you must be feeling i was like this a year ago

with self learning and the friends ive made here on CAG, im more knowledgeable and calmer

its all about taking the control back for yourself, yes i went to cab who were supportive to assist with my debts and get a budget plan, but to deal with the nightmare of calls and letters i learnt a lot from national debtline too, from there i returned to CAG last year and not looked back

my confidence has grown that i know that if the court papers land on my mat i can come here and get the much required help for any defence i have to complete and that in itself is such a relief

so again all i can say to you is this site is about help, but be proactive and learn everything you can about your creditors the DCA's who chase you and the legal system and follow threads that are similar to your concerns and you will learn off others too, and find the questions you have may be already answered.

but still keep asking the questions you have any niggles about dont worry if they seem silly - best you ask

take care and keep positive

have a fun day laters angel x

thxs angel
xx

bump.. shall I now send a SAR to BC?

xx

Okay, on a massive roll today and following my CCA request back in January and receiving an application form and T&C's have just sent off Account In Dispute letter.

Update to follow when I get a response
xx

Good for you Tex -

I had to take this shower of cretins to court for non-compliance of my SAR to get the copy of my illegible application form! I'm in Court in just over a week to see if I can have a copy of the credit agreement as well. It will be interesting to see what the Courts view of the application form is.

All the best

Wils

Best of luck

Hi Wils,

Good luck with the courts. It's quite dispicable behaviour from BC especially when all you got was the application form! Yes, please let me know what the courts do think.

xx