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.
Hello to everyone
first of all thanks to all who contribute in any way to keep this fantstic site available to everyone , having just found the site over the last few weeks ive had my eyes opened to loats of things that we as the gereral public have not got a clue about ....
So if anyone would be kind enough to offer some assistance it would be greatly appreciated.
about 6 or 7 weeks ago through pure ignorance i contacted a company to help assist me in finding out if my credit card contracts which i have had for about 5 years or more with Barclays and Capitol one were enforcable.(i now know this can be done for free after reading though tons of pages on the forum)
i am aware that they asked both the named companys under Section 77 / 78
of the Consumer Credit Act 1974.
below are emails from the company i used to get the information that was needed
09/04/2009 Dear ***** Thank you for returning your letter of authorisation pack. Just a quick email to update you on our progress so far.
For all the correctly completed Letters of Authorisation that you have returned, we have now contacted your card / loan provider and requested that they send a copy of your agreement back to us. They now have 14 days to to comply with this request.
We have requested this in order to confirm that; 1). they have a copy of your agreement on file and.. 2). the copy on file is compliant with the Consumer Credit Act 1974.
28/04/2009
28/04/2009 Dear ******** I have some fantastic news for you.
Your card agreementwith Capital One is unenforceable and can be written off.
A few weeks ago you provided your authorisation for Contract Checker to request a copy of your agreement under Section 77/78 of the Consumer Credit Act so we could check it for compliance with the Consumer Credit Act 1974.
We have contacted your card provider and requested a copy of your agreement and they have not complied with this request within the legally prescribed timeframe of 12 days, so we have not been able to check your agreement.
As a consequence of your card provider not supplying this agreement, it has made your agreement unenforceable. Your provider may not be able to locate the agreement or may not be able to deal with the request in time. In either case the agreement cannot be enforced without producing it.
If your card provider produces the agreement before we have legally written off the agreement, then we will be able to check it for you, free of charge, however in our experience where a provider has not fulfilled their legal obligation and made the agreement available, it often means that they no longer have a copy of the agreement.
We can now move to get this agreement written off so they cannot request any further payments from you. Our panel of solicitors can help you here. We have negotiated special rates and for a single fee of £495 they can;
Prevent your provider from demanding payment of any of the outstanding balance on the card. Allow you to cease making repayments to your card provider. Get your agreement cancelled with no penalty. Help you reclaim excess interest payments and unfair charges.
28/04/2009
28/04/2009 Dear ***** I have some fantastic news for you.
Your card agreementwith BarclayCard is unenforceable and can be written off.
A few weeks ago you provided your authorisation for Contract Checker to request a copy of your agreement under Section 77/78 of the Consumer Credit Act so we could check it for compliance with the Consumer Credit Act 1974.
We have contacted your card provider and requested a copy of your agreement and they have not complied with this request within the legally prescribed timeframe of 12 days, so we have not been able to check your agreement.
As a consequence of your card provider not supplying this agreement, it has made your agreement unenforceable. Your provider may not be able to locate the agreement or may not be able to deal with the request in time. In either case the agreement cannot be enforced without producing it.
28/04/2009 Hi ******* We are now at the stage where we can begin to issue legal proceedings against your Capital One and Barclaycard providers. Because they have failed to supply us with the requested paperwork this in itself is considered a breach of your agreement and it is unlawful. Our solicitors will be more than happy to represent you with the view to declaring your credit cards as unenforceable and writing off the debt.
In order for me to send you the next packs out I need to discuss which payment option you would prefer to go with. The fees (per card) are as follows:
£495 upfront £175 x3 months £110 x5 months
Please note: These fees are the whole fees to take you through the entire case- we do NOT charge any back-end fees or have any hidden charges. Plus, our solicitors offer a full Money Back Guarantee!!! If for some reason the solicitor is unsuccessful every penny you have paid will be refunded back to you in full. This is because the solicitors will only take on cases that they believe offer over a 95% chance of getting the remaining amount of debt written off.
If you could get back to me and let me know which price plan suits you best I can issue those packs to be sent out to you. As soon as we have received the pack back, along with the first cheque your case will be passed onto the solicitors and your credit cards will effectively be in dispute. The solicitor will then write to your credit card providers and inform them that you will making NO further payments to them. Upon this confirmation the solicitor will inform you to cease making payments to your lender and check with you that it is ok to cash your cheque.
If you have any questions, please feel free to contact me either by email or here in the office on 01706 390 835. As I previously stated, we do not have a relevant telephone number for you so if you could inform me of this I can update your information.
Best,
since i recieved those emails i have indeed had letters from both Barclays and Capitol one dated on the same date that i was contacted via e-mail as to there failure to provide relevent information. both these letters arrived on 1st may 2009 which in my understanding is outwith the time allowed. as you will see the dates on these letters they are dated 28/04/2009 the same day the above emails were received
i have scanned and uploaded these letters and the links are below if anyone would be kind enough to shed some light on this matter i would be eternaly gratefull
thanks in advance Ricky
As you may well notice a couple of the following pages are very poor photo copys that they sent to me
and are indeed impossible to read
yes i do now know that and have NOT replied to the company
Nor do i intend to pay the amount they request.
im hoping to have this sorted with the help of the members on the forum
hence my post .
Heh upfront fees says it all. 95% success rate!. Hoho pay them and your guaranteed to be one of the 5% failures. Very nice [problem]. Seriously if this was legal it would be advertised on tv. Emails are not valid contracts, I could send you one then edit your reply. Save your money and bin this company
Heh upfront fees says it all. 95% success rate!. Hoho pay them and your guaranteed to be one of the 5% failures. Very nice [problem]. Seriously if this was legal it would be advertised on tv. Emails are not valid contracts, I could send you one then edit your reply. Save your money and bin this company
i have not contacted them again and nor will i again
i have no intention of paying them any amount of moneys
i would rather donate some of it to the upkeep of this site than give them a single penny
like i said in my fist post it was through pure ignorance on the matters
stated above.
but any advice on whatr to do next would be appreciated
7. Thinking of a Full & Final Settlement?Read Here
my views are my own...seek legal advice if ness
NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
- alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
rather than hittting to be my friend - hit the star
Hi ricky uk1, it might be in your favour to start from scratch and send Barclaycard and Capital 1 the CCA request direct from yourself, copy the template on the link below using letter N, dont sign the letter, enclose a £1.00 postal order and post 1st class recorded delivery, they then have 12+2 working days to provide a true copy of the CCA after which the account becomes in dispute and you send them the follow up letter informing them that you are stopping paying them, here is the link http://www.consumeractiongroup.co.uk...templates.html
As Barclaycard and Capital 1 have not come up with the CCA by now then they are unlikely to have it at all, you can if you prefer use the letters you have as proof that they have not complied and send them the in dispute letter and stop paying them now.
I have gave the scanned letters a second reading and further consideration, send Barclaycard the in dispute letter informing them that you are stopping paying them until if they can produce a valid copy of a CCA, probably better to send Capital 1 the CCA request as you do not have any acknowledgement from them of the CCA reqest as it was done through a third party, the recorded delivery is a track so they cannot deny receiving the letter.
If you go to my thread further down the page, CCA request reply from Link Financial, you will find on page 1 a post by Ida in Fife, CCA NON COMPLIANCE WITH s.10 ACCOUNT IN DISPUTE. This is a good letter to copy and send.
If you go to my thread further down the page, CCA request reply from Link Financial, you will find on page 1 a post by Ida in Fife, CCA NON COMPLIANCE WITH s.10 ACCOUNT IN DISPUTE. This is a good letter to copy and send.
sorry if you think im stupid
but i cant see the post in question
maybe im looking in the wrong sections
as they have confirmed on the letters this is a response to a cca request no need to send again.
send this to BC:
Dear Sirs,
Account no xxxxxxxxxxxxxx
Re: my request under the Consumer Credit Act 1974
Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.
The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.
My request remains outstanding. A copy of your terms and conditions with no personal details on it, like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. terms and conditions neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.
I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.
You had until xx/xx.2008 (12+2 working days after the request was made) to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains 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, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.
To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.
The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office
The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation.
To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.
I expect you to write to me confimring that the account has been closed and no further action will be taken.
I look forward to your reply.
Yours faithfully
and send this to cap one:
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**.(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 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 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,
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IdaInFife hats off to you my friend
i thank you very very very much
same to all who have replied so far
i shall now have these letters off in the post RD on monday morning and shall keep yop upto date
one other question for the time being
shall i pay my statements that are due some time this week ?
i have no issue and can afford to do so but if i dont need to i would rather not .
Advice needed on my Credit cards please
in any way to keep this fantstic site available to everyone , having just found the site over the last few weeks ive had my eyes opened to loats of things that we as the gereral public have not got a clue about ....
i contacted a company to help assist me in finding out if my credit card contracts which i have had for about 5 years or more with Barclays
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Originally Posted by Fifer
