Thread: me v barclays

As it is passed the 12+2 days for them to reply, send the letter and put the account into dispute.

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,

The lack of your signature makes this unenforceable. However, there is a loophole in the CCA request that banks etc. like to use - they are perfectly within their rights to omit such details as your signature, address etc

You may want to read through this thread and use the CPR route instead as Barclays are going to be difficult with this one.

http://www.consumeractiongroup.co.uk...uldnt-use.html

I agree, it looks like something they have just printed from a template.

It's entirely up to you - you can always send them another one letter - but to be honest, they have complied with your CCA request - regardless of the fact it is unenforceable as it is.

You can just sit tight and wait for them to start action - but my guess is this will be passed to a DCA (Calders or Mercers I think are their in-house monkeys, can't remember for sure).

That looks fine to me

No, it is not.

They say they are responding properly to your request for documents. They contend that they don't have to supply the document which you want to see.

If they wanted to take you to court to enforce the agreement, they would normally have to supply the original credit agreement to the court.

We've seen many cases of valid credit agreements being produced. You can't assume their reluctance to produce it now means they have no agreement, or no valid agreement.

Taking the CPR route beyond the lba means you would file at court seeking production of the agreement.

Only when/if they produce the agreement can you consider whether it is valid and enforceable.