Thread: firstship v Barclaycard CCA request

Send this to Sainsburys.....and the bottom letter to Blair Oliver and Scott (when they write to you) BOS are the internal DCA for Halifax/Bank of Scotland..

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**.

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 would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

---------------------------------------------------

ACCOUNT IN DISPUTE
Dear Sir or Madam,
Account number: XXXX XXXX XXXX XXXX

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 **original creditor/DCA** and has been since DATE 2007.
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

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be
resolved on **DATE**, this obviously hasn’t happened.
As **original creditor/DCA** 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 **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

If **New DCA** 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

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.

Yours faithfully

There isn't much else you can do at this stage, however if you do want to pursue have a read of this - http://www.consumeractiongroup.co.uk...uldnt-use.html

So they haven't even sent an 'application' form either ? just a copy of their current terms and conditions ?

Thank you for your response to my request under the Consumer Credit Act section 78.

I am pleased to see that you confirm this as a true copy of the original agreement executed by yourselves on the XXXXX.

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any signature means that a court would be prevented from enforcing it under s127(3)"

You had until (date here) to provide me with the true copy I requested. After that date you entered into default of my request and I am therefore advising that the matter is now in dispute . Whilst the matter is 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, make any further charges to the account or pass the account to anybody else.

Please note you may also consider this letter 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 including any defaults. 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 fail to respond within 21 days, I will expect that this means you agree to remove all such data.

A couple of things you have to bear in mind here is that it could depend on how a judge sees this, and claiming back charges whilst not having an agreement could possibly be seen as unjust enrichment....also it is no longer an offence not to provide your agreement after the additional 30 days, this was scrapped. They just remain in default of your request if they haven't supplied it AFTER the 12+2 working days

I will move your post into the BC forum.Feel free to continue to ask for help should you need it.

Originally Posted by firstship

42man...........good and bad news,Sainsburys have produced a signed copy of the agreement,well application form with my signature.However Barclaycard after I wrote to them a yet again asking for a copy of the signed agreement (they are really slow in responding) they have sent me another current terms and conditions photo copy sheet stating that is all they have to do under section78 of the CCA.I have read the CCA78 and |I must admit I find it vague about supplying a signed copy of the original agreement.This is perhaps why a number of threads along with advise from your goodself seem to feel SAR a better bet to obtain the signed agreement,or am i wrong in assuming this, do you feel I should tell BC they have not read the act correctly and supply what is requested and they are still in default......any thoughts....CHEERS....... ..Firstship

Barclaycard to my knowledge dont tend to send the copies of agreements in the SAR responses either I'm afraid.

S.

Hi Firstship,

I assume you will post the Sainsbury agreement on another thread so it can be properly checked if you're at all unsure as to it's validity. Don't do it on this thread.

BC will only respond to a CCA request with a blank set of T&C's.

Send a SAR if you need the a/c statements to reclaim penalty charges.

Then, when they fail to produce the Credit Agreement in the SAR reply, you could complain to the Information Commissioners Office. However, although I've suggested this in a number of cases (for various reasons), I DON'T know how successful this will be in getting sight of the agreement.

The favoured route is now the CPR Strategy - see Link No2 in my signature below.

Hi FS,

The ICO are too busy to be of any immediate help to you and may take months to look at your case.

Have you looked at taking court action to get your data. Bank templates library, items 18, 19 and 20 if I recall correctly.

Send the lba first and take that time to research how to file Form N1 to get the data you want.

BC usually DO send the data for the last 6 years - but they make take longer than they're supposed to.