LBA from Optima Leagal Services*WON* DISCONTINUED BY CONSENT*****

[Viano]

I have just received a LBA from Optima stating that will instigate County Court proceedings (seven days from 5th Nov. 07) against me on behalf of Barclaycard.

I CCA'd Barclaycard on the 6th July 2007, I received from them an unreadable, and unenforceable copy of an application form. On the 27th Sept. 2007 I wrote to Barclaycard stating that they had not complied with the Act, and that they entered into default on the 20th July '07 and committed a criminal offence on the 20th August '07.

What do I do now?

Help needed please!

Viano

[pt2537]

ok, well firstly dont panic

 

have you made a complaint to Trading Standards regarding their non compliance?

 

secondly do you have proof of your letters and delivery?

[pt2537]

if your agreement is unenforcable then youve got nothing to worry about, section 127 CCA 1974 prevents a court enforcing an unenforcable agreement

can you post a copy of the agreement they sent you? ovbiously removing all the personal details first

 

regards

paul

[Curlyben]

Don't panic as they AREN'T solicitors.

Here's a nice letter for them.

 

Edit as needed

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

*- Delete as needed

Enjoy

[pt2537]

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

(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.

 

 

 

 

so that clearly points out that copy documents must be legible, if what they sent you doesnt comply then they are in the sh!te

 

dont worry, im sure we can come up wit ha response letter to these idiots. i must stress you really need to make a complaint to Trading Standards

 

Regards

 

paul

[Viano]

Thanks team for the quick replies.

C.B. has seen the "agreement" and has proclaimed it unenforceable.

P.T no I hav'nt complained to the TS yet, with reference to the letters, I can't find the proof at the moment, but it was sent either by recorded or I have proof of posting!

Thanks C.B. I will use your template.

Viano

[pt2537]

well thats a must, Trading Standard need to become involved as soon as possible

 

so curly's seen the agreement, well if he says no then thats good enough for me, although if you can post it up on here it would be cgood to get as many opinions as poss and it will aslo serve to help others who are in the same boat as you

 

ovbiously if you do post it remove all the personal details first

 

Regards

paul

[Viano]

By the way, what will happen if I complain to the TS?

Viano

[Viano]

PT, I will do, but am usless at this!

Viano

[pt2537]

well trading standard can prosecute them for commiting an offence under the CCA 1974 and if they are in contravention of the Administration of Justice Act 1970 section 40 they can prosecute them for offences under that too

 

basically it will unleash a world of hurt on these idiots, thats as long as your local TS is as good as mine

 

Regards

paul

[Viano]

Copy of my "agreement"

Viano

[Curlyben]

Viano, still a little on the small side.

Can you host it from Photobucket and post the link.

[Viano]

PT, would there be any recriminations on me as I can't afford to pay them at the moment.

[pt2537]

nope

 

quite simply an unenforcable agreement is exactley that, trading standards wouldnt be interested in that side of it, they would be merely looking atthe conduct of the creditors

 

Regards

paul

[pt2537]

the worst that could happen is that Barclay card take you to court for not paying.

 

 

then, all that would happen is the court would throw their ar$$es out of court under s127(3) CCA 1974 as the court cannot enforce an unenforcable agreement

[Viano]

Thanks PT.

CB I am trying, will bust a gut to get it done!

Viano

[Viano]

CB,

I'm just writing the letter to Optima, it says on their letterhead that they are solicitors, does this change anything?

Viano

[pt2537]

No it changes nothing at all

 

solicitors or not send them the letter, dont sign it instead print your name and send it off.

 

use special next day delivery as its important that you have proof of delivery as recorded delivery doesnt allways gaurantee a signature

 

Regards

paul

[Viano]

Thanks Paul, Will do!

Viano

[pt2537]

oh by the way

 

goto this website Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

enter your post code in the box in the right hand top corner and find your local trading standards

 

then tomorrow, call em, explain that youve made a legitimate request under the provisions of the CCA 1974 and that Barclay card have failed to comply and sent an illegible copy. also explain that despite bringing this to their attention they are persisting in pursuing you over this and their actions are contrary to the Administration of Justice Act 1970 and they have transfered it to DCAs / Solicitors againt the oft guidlines on debt collection

 

lay it all out for them and watch the Sh!te hit the fan

 

Regards

paul

[shane5408]

Hi viano, thanks for the mail, here you go:

 

[shane5408]

A few thoughts

 

Have they sent any T&c's to go with this alleged agreement? AS Paul and Curly have pointed out no prescribed terms within the agreement makes it irredeemably unenforcable by virtue of s127(3) of the Act however pre 2003 agreements need not have the prescribed terms on the signature page itself, they must be within the agreement and a clear link has to be shown if that is the case. For eg there may have been terms of the reverse of the document, if so you need sight of them as the prescribed terms might be there.

If no t&c's have been sent, or if they have only sent current t&c's and not the ones applicable to your account at the time it was opened, they have not satisfied their obligations to provide a true copy and 'any other document referred to in it' and as such remain in default and unable to enforce the debt.

kind regards,

shane

[pt2537]

Hello Shane

 

hope you are well,

 

 

totally agree but to be honest, i would look at the simple arguement that it does not comply with the Consumer Credit (Cancellation Notices and Copies of Documents)Regulations 1983 (SI 1983/1557) as its ilegible non compliant and that itself would make it unenforcable

that would be my first point of attack, if they then reply later with a more legible copy then hit em with the no prescribed terms arguement along with the no T7Cs . i tend to believe in fighting fire with fire, DCAs dont play fair and antagonise us so why shouldnt we do the same to them!!

Regards

paul

[shane5408]

here's the t*c's

 

[Viano]

Sorry to be thick, but, is this "agreement" enforceable - the T's & C's were on a seperate page, in fact I was sent two envelopes, one with just the alleged agreement the other with both the "agreement and T's & C's.

 

If the paperwork is not enforceable then it's of to the TS in the morning.

 

Viano