Barclaycard asking for Signature?

[MikeSplicer]

Hi

 

I have CCA'd Barclaycard and just as the 12+2 was about to expire I got the letter below.

 

 

Dear XX

 

Reference SECTION 78 of the consumer credit act 1974

 

Barclaycard account number YY

 

I write further to your letter dated which we received today requesting information regarding your Barclaycard account number under the above act.

 

In order for us to disclose information and continue processing your request we will require the card holders signed authorization.

 

As soon as we receive this information your request will be given our immediate attention.

 

Yours

 

XXXXX

 

Now I never sign any letters (for obvious reasons) and I see this as

 

1. Delay tactics

2. After my signature for nefarious purposes.

 

I realise that I can send a signed request with lines through my signature etc. But I was wondering if this is the usual thing for Barf Card to do?

[pt2537]

its Bowlarks!!!!! plain and simple

[MikeSplicer]

Forgot to add that it was signed by

 

The Court Orders and Disclosures Clerk???

[pt2537]

Mike,

 

they may have the right to satisfy themselves that they are sending the data to the correct person, however, there is no requirement in law for that identification to be expressly made as a signature

 

to satisfy themselves as to your identity, they could use a copy of your birth certificate and a utility bill

 

therefroe i consider this a delaying tactic and suggest that you do not sign anything and tell them that you will not be sending them a sample sig as suggested and thatthey have 12 working days to comply with your original request and the clock is ticking

 

regards

 

paul

[MikeSplicer]

Hi paul how does the following sound

 

Dear Sir/Madam

 

Account/Reference Number - XX

 

 

Further to your letter dated requesting a signed authorisation request for my copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of this credit agreement on request. I have already supplied in a previous letter the £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand a copy of my credit agreement should be supplied within 12 working days which started the day you received my original request on 4 October 2007.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

 

Yours faithfully

 

 

 

 

[MikeSplicer]

Sorry Paul just read your last post

[pt2537]

Hi mike,

 

i suggest that it would be an idea to reply simply asking why they are expressly asking for a signature as the consumer credit act does not require that you authorise them to release a credit agreement.

 

 

i would probably go with something like

 

 

Dear Sirs,

 

RE Account NO XXXXXXXX

 

Thank you for your letter dated xx/xx/2007 the contents of which are noted

 

in your letter you make reference to requiring my signed authorisation before you comply. i draw your attention to the fact that the Consumer Credit Act 1974 does not require that i supply you a copy of my signature before you comply with my S78 request. therefore, please state your reasons behind this request

 

if it is for Data Protection purposes then i can happily supply you with documentation to substansiate my identity to you. however please note that todate you have happily sent statements and correspondace to this address so i have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this?

 

My request for a true copy of my credit agreement under section 78 was made on xx/xx/2007 and the 12 working days for your compliance expire on xx/xx/2007

 

 

i look forward to recieveing the documentation requested

 

Regards

 

 

that is what i would send them,

 

modify it to suit

 

regards

paul

[MikeSplicer]

Cheers Paul Thats Great

[tomterm8]

I've changed it slightly...

 

 

Dear Sirs,

 

RE Account NO XXXXXXXX

 

Thank you for your letter dated xx/xx/2007 the contents of which are noted

 

In your letter you make reference to requiring my signed authorisation before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that i supply you a copy of my signature before you comply with my S78 request.

 

If it is for Data Protection purposes then i can happily supply you with documentation to substansiate my identity to you.

 

However please note that to date you have happily sent statements and correspondace containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this?

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

 

My request for a true copy of my credit agreement under section 78 was made on xx/xx/2007 and the 12 working days for your compliance expire on xx/xx/2007. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

 

i look forward to recieveing the documentation requested

 

Regards

 

paul

 

..

[pt2537]

Hi Tomterm8

 

thanks for amending the letter, it was something that i came up with off the cuff, so any amendments are welcome

 

regards

 

paul

[MikeSplicer]

Update on this tread

 

After sending tomterm8's/Pauls's letter as above I rcvd a sorry that you have had to complain letter and be assured we are taking this very seriously and you will have a reply within 14 days.

 

I have just recieved a letter after 18 days saying.

 

We are still taking this seriously but we require more time.

[MikeSplicer]

Since I posted the original CCA request on the 10th September

and the follow up letter inreply to them asking for my signiture on the 22nd October They are very much in default of my request.

 

But I think they may be waiting for me to default, as I am still paying at the moment.

 

What I originally wanted to do was make them a offer to close down the card with an F & F settlement. But obviously all the while they are stalling interest is mounting.

 

I would probably be in a better position should I default but with all the defaults I currently have on my CRA dropping off in a year or two I am trying to avoid another.

 

Opinions are welcome

[pt2537]

Standard rubbish im afraid Mike, they are wasting your time . the law is clear, 12 working days plain and simple i would just sit back and see what they have to say for themselves

 

let them write to you and with a bit of luck they will totally hang themselves and put it in writing to boot

 

regards

paul

[MikeSplicer]

Thanks Paul

 

Do you think I should continue paying? or maybe send them a "because your in default you can't add interest" letter?

[banker_rhymes_with]

Hello MikeSplicer!

 

Just came upon this Thread, and wondered how you got on in the end.

 

Any further News?

 

Cheers,

BRW

[MikeSplicer]

Hi BRW

 

Still ongoing They sent what they said was an agreement but I could not really assess it has it was unreadable. Sent a letter that basicly said so and they reply was "Well we have supplied what was requested so that the end of the matter" I have raised a complaint with the Fin Ombud service and am awaiting the outcome. I will obviously post on here when I get a response.

 

They have just instructed mercers but this is just BC in drag and is not bothering me at all.

[banker_rhymes_with]

Hello MikeSplicer!

 

Many thanks for the update. Sorry to hear they are still playing silly bankers.

 

In your complaint to the Financial Ombudsman Service (FOS), if you have not already done so, do remind them that Barclaycard have a Duty when responding to your Section 78 Consumer Credit Act 1974 request to supply you with a copy of your Consumer Credit Agreement (CCA) in a form that is readable.

 

Indeed, remind Barclaycard as well!

 

The readable bit is required under the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557). This states:

 

1 Citation, commencement and interpretation

 

(1) These Regulations may be cited as the Consumer Credit (Cancellation Notices and Copies of Documents)

Regulations 1983 and shall come into operation on 19th May 1985.

 

(2) In these Regulations--

 

"the Act" means the Consumer Credit Act 1974;

"Agreements Regulations" means the Consumer Credit (Agreements) Regulations 1983 and any reference to any

provision of those Regulations includes in the case of modifying agreements which are, or are treated as, regulated

agreements a reference to Regulation 7 of, and the appropriate paragraph of Schedule 8 to, those Regulations;

"cancellable agreement" includes an agreement which is a modifying agreement treated under section 82(5) of the Act

as a cancellable agreement; and

"lettering" includes figures and symbols.

 

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents)

Regulations 1983 (SI 1983/1557)/2 Legibility of notices and copy documents and wording of prescribed Forms

 

2 Legibility of notices and copy documents and wording of prescribed Forms

 

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the .

 

(2) The wording of any Form prescribed by these Regulations shall be reproduced in copies of unexecuted or executed

agreements or in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the Act

without any alteration or addition, except that--

(a) the creditor or owner may enter the name and address of the debtor or hirer in any Cancellation Form prescribed

by these Regulations; and

(b) every Form shall be completed in accordance with any footnote.

(3) Any such footnote shall not be treated as part of any Form prescribed by these Regulations and may be reproduced

in addition to any such Form.

(4) Where any such footnote requires any words to be omitted, those words shall be omitted or deleted.

 

If what they have sent is not readable or legible, then they remain in Default of your s78 request. If it's now 12 Working Days plus a Calander Month on top, then Criminal Default.

 

Perhaps also complain to Trading Standards as well, as the s78 request has still not been satisfied.

 

Sorry if you already have that covered.

 

They seem to write the most pompous Letters of them all, and take about a Month each time to write them. Then raid your other Barclays Accounts if you see them off on one Account (via their nasty little sneaky cross-referal clause).

 

Hope this helps, and best of luck with them.

 

Cheers,

BRW