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.
Now its time for action..
I will be sending this later....
Barclaycard
PO Box 5402
Northampton
NN1 1ZR
Dear Sir or Madam
Re: my request under the Consumer Credit Act 1974
Re: xxxxxxxxxxxx
I refer to my letter dated 30/04/07 which was delivered via recorded delivery to your offices on 02/05/07. As you have failed to acknowledge my request in any way, whether by confirmation of receipt of the letter or by supplying the requested documents.
My request remains outstanding.
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 22/05/2007 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.
You had until 22/06/2007 to comply with my request. You failed to provide me with a true copy of a properly executed credit agreement by this date, you have committed a criminal offence and your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.
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.
Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me. It is also my intention to consider litigation in this matter and your attention is drawn in particular to CPR 4.6 (c) enclose copies of documents asked for by the claimant, or explain why they are not enclosed;
You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.
I would therefore request, in compliance with CPR 4.6(c) a copy of the document that you will be relying on as proof that a properly executed agreement, complying in all respects with the form and content requirements of the CCA was signed by myself in respect of this alleged debt.
I expect, in accordance with CPR, your prompt response to this formal request without further delay.
wel, well, well
sent barclaycard the letter above and MERCERS rear their hand in defence (or so i guess!!)
What do they mean DEFAULT !!
Barclaycard already did it back on 30/04/2003
you cant be defaulted for the same debt twice...
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.
Mercers are B'cards in house muppets.
They completely ignore CCA's as a matter of course.
I'd write to them and say you have CCA'd the OC and are still awaiting a response.
Also make sure the letter is headed; Account In Dispute, as the CCA puts the account in question.
Obviously send it recorded as the more evidence you have the more likely TS will take action.
here is the letter i have drafted to send to mercers
28/06/07
Mercers debt collection LTD
City point
One Roper Street
London
Ec2y 9ss
Important you should read This carefuly
ACCOUNT IN DISPUTE
Dear Sir
ACC NO: xxxxxxxxxxxxxxxx
First I would like to bring to your attention that I have not received any communication from Barclaycard regarding late payments .
I also wish to bring to your attention that I have sent Barclaycard a request for CCA agreement on 02/05/07.
Barclaycard had until 22/06/2007 to comply with my request. Barclaycard failed to provide me with a true copy of a properly executed credit agreement by this date, Barclaycard have committed a criminal offence and their conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.
Should Barclaycard not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.
It is also my intention to consider litigation in this matter and your attention is drawn in particular to CPR 4.6 (c) enclose copies of documents asked for by the claimant, or explain why they are not enclosed
no response from anyone since sending reply to mercers (sent by post as well).
Could wait for statute barred to kick in but i would rather get it sorted.
notice the first line..of the second letter
"in my previous letter"... all I can say is someone somewhere has recieved my mail .
I seem to have three diffrent departments/addresses to go at now.
I have only ever contacted
here is my complaint to barclaycard ...
after looking more closley at the letter sent by james waddle which looks like a clone of the letters i get from MERCERS except added to barclaycard logo headed paper??
oh yes and the logos are on diffrent sides!!!
04/08/07
Barclaycard house
Massey road
Stockton on tees
TS17 6EX
COMPLAINT
Dear Jackie green
ACC NO:
ACCOUNT IN DISPUTE
First I would like to bring to your attention that I have not received any communication from Barclaycard whatsoever since 17/06/05 regarding any matter including late payments until I received two letters on 03/08/07 one of which was from yourself the other from James waddle (copy enclosed).
I also wish to bring to your attention that I have sent Barclaycard a request for CCA agreement on 02/05/07. (Copy enclosed+ proof of delivery to Barclaycard)
Barclaycard had until 22/06/2007 to comply with my request. Barclaycard failed to provide me with a true copy of a properly executed credit agreement by this date, Barclaycard have committed a criminal offence and their conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.
In my personal opinion and after dealing with other creditors who have been able to produce all the relevant Credit agreements within the allotted timeframe I see no reason as to why it is taking so long.
To resolve this complaint
1. I would like a true copy of my Credit agreement
If it cannot be produced
1. The account closing
2. A zero balance
3. Removal of all defaults entered by Barclaycard. Note this is to be a complete deletion and not merely an amendment
4. Also you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.
I expect to receive a written response within the next 10 days upon receipt of this letter.
Yours sincerely
spuddly
heres the copy barclaycard say is my credit agreement .
It does contain all the details (removed obviously) about me and also my signature they have also sent T&C with the alleged agreement..
comments please.
sent CCA barclaycard 01/05/07
The Consumer Forums
Reply With Quote
