Various cca's

[kirklanw]

Having spent some time over the past few days reading the forums on here I have decided to request cca's from all the companies I owe money to;

 

That means Egg, Barclays, MBNA, Halifax and Goldfish will this week be receiving requests from me

 

Egg sent me a copy of my egg card agreement when I sent a S.A.R - (Subject Access Request) request to them some time ago but did not send one for the loan I have with them so I'll be asking for that one too, anyway I have scanned in the one I got for my egg card ....... unfortunately it all looks ok to me but I was hoping one (or more) of you knowledgeable guys could take a look and tell me for sure!

 

On the subject of egg I assume the agreement is still valid even though they are now part of the Citi group rather than the Prudential which is who I had signed the contract with??

[rory32]

It's far too small to read but it looks like Egg's standard agreement.

On the subject of egg I assume the agreement is still valid even though they are now part of the Citi group rather than the Prudential which is who I had signed the contract with??

Yes.

[kirklanw]

Many thanks for the super fast reply there

 

Think everything is going to be in order but I will try and work out how to make the scans bigger, had no idea they were so small, sorry about that

[kirklanw]

Hopefully bigger;

 

http://i272.photobucket.com/albums/jj200/kirklanw/04-14-2008115031AM.jpg

 

04-14-2008115031AM.jpg - Image - Photobucket - Video and Image Hosting

[rory32]

Yep Egg's standard agreement. These are considered enforceable.

[kirklanw]

Thanks for taking a look Rory, appreciated.

[kirklanw]

I have now received replies from all the companies I cca'd except Halifax, I will give them another couple of days to respond as I didn't send the original request by recorded delivery if I still hear nothing I will cca them again

 

The Egg & MBNA replies look ok to my (untrained) eye but I will probably post them at some stage for one of you experts to hopefully have a quick look at.

 

The two that seem to me as if they may not enforceable are Goldfish and possibly Barclays, I have posted below what Goldfish have sent me and its a complete joke.

 

I believe the letter telling me to phone a number to activate the card is something they have just typed up last week as it has my current credit limit on it (different to the one I originally had) and in the small print it says "Goldfish cards are issued by Barclays Bank Plc", well I have had this current card since 2007 and my original MBNA (Goldfish) card since around 2005 and they sure weren't issued by Barclays then

 

Also they haven't sent anything with my signature on which seems to me to indicate they have nothing with it on!!

 

Anyway if one of you experts could take a look I would appreciate it!

 

gol1.jpg - Image - Photobucket - Video and Image Hosting

 

gol2.jpg - Image - Photobucket - Video and Image Hosting

 

gol3.jpg - Image - Photobucket - Video and Image Hosting

 

gol4.jpg - Image - Photobucket - Video and Image Hosting

[shieldblaster]

Yep a complete joke.. which is nothing unusual for Goldfish it would seem.

[rory32]

Yep, same as shieldblaster. This isn't an enforceable agreement.

[kirklanw]

A belated thanks for those replies, I had my internet cut off and only just have it back

 

Also desperately trying to find cheaper accomodation to rent and running out of time!

 

Anyway I have been having a look around the forums as I think I should now write to Goldfish and tell them I need a proper enforceable agreement if I am to continue paying on the account. Could someone tell me if this letter is suitable please?

 

Dear Sirs

 

With reference to your letter of date I would like to inform you that I sent a request to Goldfish under s78(1) of the CCA 1974 on date. Goldfish have not complied with this request within the statutory period and the account must therefore be considered in dispute and Goldfish in default.

 

Your letter referenced above is an attempt to enforce the agreement contrary to s78(6) of the Consumer Credit Act 1974 which clearly states:

 

"(6) If the creditor under an agreement fails to comply with subsection (1)--

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence."

 

I would remind you that if Goldfish have not complied with my request under s78(1) by 22 March they will have committed an offence under s78(6).

 

Whilst Goldfish are in default there is no obligation on me whatsoever to make payments against the alleged debt and neither may Goldfish demand repayment of the alleged debt. Further, I would remind you that Goldfish may not add charges or interest to the account and may not pass information to any third party including but not limited to Credit Reference Agencies. In the absence of a properly executed agreement, such an act would also be an offence under the Data Protection Act 1998.

 

Please note that I will report any offence under the CCA 1974 or Data Protection Act 1998 to the relevant authorities and will make details known to the court should you (or I) begin court action.

 

I trust this makes my position clear.

[kirklanw]

Anyone able to let me know if this letter is suitable to send to Goldfish in this instance please?

[rory32]

Letter's fine.

[kirklanw]

thanks again Rory, will get that off to them tomorrow then!

[nicklea]

I have posted below what Goldfish have sent me and its a complete joke.

 

Also they haven't sent anything with my signature on which seems to me to indicate they have nothing with it on!!

 

Under s78 they don't have to send you anything with your signature on. It's only following a sar or a s10 dpa notice that you are likely to see anything with your signature on. Or if they take you to court.

 

Just because they haven't sent it to you under a s78 request doesn't mean that they don't have it. Of course the actual agreement may well be unenforceable anyway - but that's another matter.

 

Creditors do this as it's easier and cheaper than actually digging out your oriignal agreement from the archives, photocopying it and sending it off to you

[kirklanw]

Ok, I didnt realise that so thanks for pointing it out! I cca'd barclays who have sent a copy of my agreement ...... I'm not an expert (obviously) but I think the t&c's are ok on it but its not signed. I guess thats probably the reason why.

 

Going forward with that for a second if I SAR them I will be able to find out for sure whether they hold a signed agreement?

 

Anyhow I sent off a copy of the above letter to Goldfish today and will see what response I get (if any), I guess the signature part is not very important where they are concerned as they are already in breach of the act & obviously haven't been able to locate my agreement, assuming I did actually sign one!

[rory32]

Under s78 they don't have to send you anything with your signature on.

Who told you this nicklea? S78 is very specific in stating that it is an executed copy that should be supplied. Under the supply of documents regulations they can send an unexecuted copy but if they wish to enforce the agreement they would need to send an executed copy.

 

You don't need to send a SAR to find out if they have an executed copy.

[kirklanw]

Thanks Rory, I'm a little wary of upsetting barclays as my main bank accounts are with them and I don't want to upset them if they do indeed hold a signed copy.

 

My own thinking is that they probably printed off this copy and sent it to me in order to compy with the timeframes for supplying the documents in. I know they hold most of their data out of branch and so have to call it back from a seperate storage unit which must take a while I guess.

 

Do you think just a polite letter to them asking for a signed copy of the agreement for my records would be the best course of action for now?

[rory32]

I'm a little wary of upsetting barclays as my main bank accounts are with them

I would suggest that you move your bank account then.

Do you think just a polite letter to them asking for a signed copy of the agreement for my records would be the best course of action for now?

There's nothing to lose by doing that, although the letter may be ignored as there is no incentive for them to supply anything more than they have if you are not going to dispute it.

[kirklanw]

sounds as though you think I should send the same letter as I sent to goldfish then?

 

I would just move banks but I have a 1k overdraft with barclays which I will then need to pay back and I don't have the money to do that.

[rory32]

Well you don't need to go rushing into anything. Maybe just leave Barclays for the moment and we can come back to them at a later date. You may wish to consider opening a parachute account though as a just in case measure for later on.

[kirklanw]

yes, I think thats probably the best thing to do. I will send the polite letter and see if I get a response, if I do I'll take it from there if not I'll put it on the backburner for a while and sort Goldfish out first.

 

Many thanks again for your advice Rory.

[kirklanw]

Quick post for my own records.

 

27/5 cca sent to halifax by recorded delivery.

 

28/5 short letter (polite) written to barclays requesting a copy of my signed agreement not just a blank copy. Will send tomorrow.

[kirklanw]

standard letter received from Goldfish, sorry you are disappointed with our sevice, blah blah, copy of our complaints procedure enclosed blah blah some more.

[kirklanw]

Phone calls seem to have started from Goldfish, one yesterday and two today. Luckily they have only rung the mobile so far so its been easy to ignore them

[kirklanw]

and another call. Think I'll be sending them the phone harrassment letter very soon if this continues.