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I CCA barclaycard on the 19th Jan, they are now in default of the request as of 12 working days plus 2, but they are still charging me £12 fees and are charging intrest on this default.
Today I have received a responce from Barclaycard, but a very poor photocopy
Re: Barclaycard - Their response to my CCA request - Please Help
They both clearly state 'a copy for your records'
These are not the original executed agreement. they need to produce these if they wish to enforce anything
I write further to your letter and the enclosed £1.00 fee requesting a copy of your executed agreement for the above account. Please accept my apologies for the delay in response and the inconveniences this may have caused.
Please find enclosed the following documents.
A copy of your original Barclay card agreement at the time you opened your account.
The current credit limit is £--------
The current balance today is £------
The next minimum payment of £----- is due on the 09/03/09
Please not that your current terms and conditions will be sent under a separate covers.
The information we must provide under the terms of Section 78 is prescribed by the CCA 1974 and the CCA (cancellation notices and copies of documents) regs 1983.
You will be receiving your next statement shortly which will provide you with the full details of your account.
This completes our obligation to you under section 78 of the CCA 1974.
Send them the in dispute letter (if their 12+2 days are up):
Dear Sir/Madam
I DO NOT ACKNOWLEDGE ANY DEBT
ACCOUNT IN DISPUTE
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 is now in default as of **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 78(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,
I am not an expert, but I can give good advice about Brighthouse
Am learning more and more about DCA's too
I have no legal experience and all advice given is based on the knowledge I've gained from this site.
<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!
They will try because even though what they have sent you is unenforceable, it does not mean the debt does not exist. HOWEVER, they can not pursue it through the courts (which they will be well aware of).
Your first step is to send the letter above and see what they come back with.
You should also be able to claim back any charges or interest added since the account went into dispute. However, I do not have a template letter for this. Hopefully someone else will be along that can advise better with this.
I am not an expert, but I can give good advice about Brighthouse
Am learning more and more about DCA's too
I have no legal experience and all advice given is based on the knowledge I've gained from this site.
<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!
I haven't had any experience with Barclaycard, I just read a lot. I have dealt with GE Capital (store cards) and a couple of other credit cards. GE capital (being pursued by Aktiv Kapital) have disappeared after 3 letters.
I am not an expert, but I can give good advice about Brighthouse
Am learning more and more about DCA's too
I have no legal experience and all advice given is based on the knowledge I've gained from this site.
<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!
BC have just sent you a set of T&C's in response to your CCA request, which is what they are now doing to everyone. They will say they've complied with CCA 1974 and the a/c is NOT, therefore, in dispute.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
1 is the account in dispute and I dont pay anything untill I receive my signature
2 if not what do I send B/Card.
3 Where do I go from here and what do I do.
Kind regards
Chris
Chris,
1. You may think it in dispute and according to the act it is in dispute... but this is a bank and they dont seem to abide by any rules... therefore.. they will process your data with credit agencies, they will add interest and they will add default fees... in time they will either assign to sell the debt to a DCA. Paying the debt is a personal decision that only you can make.
2. Nothing you send barclaycard will make the slightest bit of difference (in my opinon) as to them classing this account in dispute, You need to see your application form to see if they could possibly use it against you in court. Therefore Slicks suggestion of following the CPR link in his signature MAY be a way forward for yourself.
3. You have various options :-
a) Either pay up and keep paying... whilst attempting to get them to disclose the application via a CPR
b) Stop paying and still attempt to get application via CPA
c) Stop paying and wait to see their next move
d) any of the above plus create a massive paperchain and complain to all the regulatory bodies about Barclaycards lack of CCA response
IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.
Hi Chris
To add to pmw's comment, seeing that youve sent various letters to them, you can demand their complaints procedure be sent to you. Then put in a formal complaint. This MUST be investigated, then when they still deny you the agreement, you can report them to FSA etc. Youve got to be pro-active with this and get them on the back foot.
Then if they decide to take you to court for an unenforceable debt (hopefully). You have all the evidence that you gave them plenty of time to resolve this out of court.
I am still receiving statements and with late fees over limit fees.
Barclaycard are completely ignoring all correspondences and now they have forwarded this to Mecers.
Today I have received a default notice from them, please note this is the second default notice from them :?
ACCOUNT IN DISPUTE I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the Barclaycard and has been since 19th January 2009. 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 As Barclaycard are now in default of my Consumer Credit Act request, OFT Collection Guidelines, Subject access request and have also breached s10 Data Protection 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. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Now I would respectfully suggest that this account is returned to the Barclaycard for resolution of these defaults and breaches, as Mercers cannot lawfully pursue any enforcement activities. If Mercers 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
Also be advised that I will only communicate with you in writing.
Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able 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.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. I hope that this will not be necessary and an acceptable solution can be accomplished. I would appreciate your due diligence in this matter.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
I did a SARs in 2007 and reclaimed £544 back from these lovely people, this was a difficult task as hurdle after hurdle was placed in front of me - lost letters all weak excuses from Barclaycard.
I was with the CAB paying Pro Rata £56.00 per mth to Barclays on a £9000.00 debt. I was really struggling to maintain this payment as I have several other debts, and I managed to get this debt down to £7000.00.
I had some problems with my pay etc and was struggling to pay this £56.00 I informed Barclaycard and said they wanted now £80.00 per mth or they will put interest on and charges etc. I sent a financial statement to them, from that they have completely been obnoxious and belligerent to any of my requests. Now with intrest and charges etc in the space of 3 months its back upto £7500.
I have had this account with Barclaycard since 1995 I think probably even earlier.
I am now at a point where I don’t care if they take me to court as all charges, obnoxious telephone calls etc would stop, the court would accept a sensible repayment. I would receive a CCJ it would stop on my file for 6 years. Thats if Barclaycard can produce a valid credit agreement, if not they can 'Jog on'.
Its time people said enough to the Parasites like Barclaycard that’s why sites like CAG are vital to inform us of our rights.
Is there any more on that I should be doing on the CCA and CPR request route.
Chris v B/Card
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I am not an expert, but I can give good advice about Brighthouse
Originally Posted by chris5664
). You have all the evidence that you gave them plenty of time to resolve this out of court.
