Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Hi, I have posted else where on here but been advised to start my own thread so here it is, sorry about repeating myself but i thought i should outline what has happeded so far.
I sent a cca request and only received the standard T&C back, the account was a Goldfish account going years back but seems to have changed to barclaycard so them sending a barclaycard T&C dose not make sense as i have never signed anything with barclaycard. The original CCA would be a goldfish one and i wonder if they would have it still, the amount of data that would have to be transfered from goldfish would be huge.
what i have just done today is sent the following letter to them which i was told would do.
Further to your letter dated 27 February 2009 In response to my request under the Consumer Credit Act 1974, the document provided is a standard copy of the current terms and conditions only. A copy of the executed agreement relating to the alleged account was not forthcoming.
However, as I am sure you are aware, this does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.
Whilst the account 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.
I now request that the relevant documentation is provided in relation to the above account. I require a true copy of the executed agreement, the terms and conditions relevant at that time and additionally a statement of account providing a complete breakdown of how the alleged debt was calculated.
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.
I shall also be considering further action to recover unlawfully applied interest and charges that have been levied on the “Agreement
Yours faithfully,
I have also been told to apply for a SAR , can someone explain what this is and why i should request it and how i go about doing this.
You're unlikely to get the Agreement back from BC using the CCA request - the T&C's is their answer and, as far as they're concerned, they've complied with your request.
Read Link No2 in my signature below about using the CPR route to get your Credit Agreement.
If you've had any penalty charges on the a/c in the last 6 years but don't have all your statements, send them a SAR. Then you can set about reclaiming these charges. Read Link No1 in my sig're - Reclaiming Guide.
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.
If you're reclaiming charges, it should not be necessary to involve the fos as BC will repay your charges.
If you are referring to getting sight of your Credit Agreement, the FOS are not involved in this. If BC fail to respond to your CPR request, you take them to court to seek an order for the production of the document.
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.
Even though there's no money involved, you take them to court to get an order for production of the credit Agreement. This is explained in the early posts of the CPR thread.
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.
Further to your letter dated 27 February 2009 In response to my request under the Consumer Credit Act 1974, the document provided is a standard copy of the current terms and conditions only. A copy of the executed agreement relating to the alleged account was not forthcoming.
However, as I am sure you are aware, this does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.
Whilst the account 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.
I now request that the relevant documentation is provided in relation to the above account. I require a true copy of the executed agreement, the terms and conditions relevant at that time and additionally a statement of account providing a complete Breakdown of how the alleged debt was calculated.
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.
I shall also be considering further action to recover unlawfully applied interest and charges that have been levied on the “Agreement
They won't agree with your view and will continue to harass you re this account. So you need to think ahead and plan your next moves.
If you've had any penalty charges on the a/c in the last 6 years, have you got all your statements to list the charges on a Site spreadsheet.
If you don't have all the statements, your best move now will be to send BC a SAR. As well as getting you statements for the last 6 years, the SAR will also demand sight of your Credit Agreement.
If they fail to provide this as well, you could complain to the Info Commissioners Office.
If you're unsure of the Reclaiming process, read Link No1 in my signature below.
If they fail to provide this, you can complain to the
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.
hi, just an update, i have not had a reply to my last request to BC and i dont know what to do next, the only thing they have sent me is a copy of there standard T&C but they were Barclaycard ones and the original agreement would have been a goldfish one, can someone advise me what i can do next. i was thinking of getting a solicitor to write to them .
i was thinking of getting a solicitor to write to them .
IMHO, that would be a waste of good money.
BC are unlikely to respond any differently to a sol'r than they are to you. Your strategy should be to ask the right questions and take the right action.
I suggest you look at the CPR approach as already mentioned above.
You have not said whether you think there may be charges on the a/c which you can reclaim. Have you sent a SAR or do you have the nec'y statements already to see if you've paid penalty charges.
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.
Hi, Thanks for that, there is not any charges involved as i have paid the min amount every month , I have just sent a letter from your link 2 which ,like you said does not use the 1974 act, so i will see if that gets a response. Thanks for your help. PS i dont think i will use a lawyer . lol. do you think i should also start a cpr , i dont really know how to but if i did , what would they have to give me. Paul
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.
well, time is up and not a word from them, this is so wrong. how can i make them sebd this. can i write to them and state that i believe the account isd now in dispute and i will not make any payments until i get a copy of my agreement. will i drop myself in it if i do this. I dont think they have it as it was a goldfish card taken out years ago and BC have taken over the account . help please
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.
Hi, I have already sent a cca request which they replyed by sending me general terms but not a copy of my agreement, i then replyed but had nothing back, i then sent your template letter, all were sent recorded. How do i stand stopping payments. will it affect my credit.
Yes it will effect your credit file stopping payments certainly short term.
You will find even though thye shouldnt, they will register adverse information against you.
I am going down PTs CPR route with BC and approaching N244 stage, I have maintained minimum payments on my card because I can afford to (for now anyway), but it depends on your circumstances.
When the account is in dispute they should not ask for payment but they will...I havent read an instance where any card company has played correctly with this respect.
I would follow PTs advice with the CPR route, keep all correspondence, send eveyrthing recorded and build up a strong audit trail for later.
cheers for that, i am also paying min payments and i think i will until i know i have a case, i do wonder if they even have the cca because when they took the goldfish accounts over there would have been a lot of data on accounts and i wonder if that why they do not reply, its like sending the BC terms, i never took or signed anything with BC so would that mean i have never agreed to BC terms. should they have writen to me stating they had taken on the goldfish accounts and asked me to agree to a new CCA with BC.
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 will send the second letter off as you advised but from what you say i dont hold much luck, i think they know most of us dont have the money and know how to take them to court
just started cca request, help
only. A copy of the executed agreement relating to the alleged account was not forthcoming.
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