Help!! Bms Letter Chasing Debt

[Frisbo]

Hi everyone i need some serious advise. I received a letter from BMS chasing debt i owe to Barclays back in 2002. I got this letter about 4 weeks ago so i checked some threads and replied on the 1/11/07 requesting a copy of the loan agreement. I received a letter today 20 days after i requested this which has an unsigned copy of the credit agreement and some copies of statements showing the loan and repayments. It also states a CCJ was obtained in 2004 but i have never received any documents to show this. I work within a bank who does quarterly credit checks to see if any employees have a ccj against them. I am still in my job after 4 years.

I need to respond to BMS within 7 days, i dont have the money to pay this silly mistake i made in my younger days.

Is there any way out...

[Hopeful1]

Hi Frisbo.

 

Did you use the template from this site?

 

I only ask because i made an informal request to Barclays a while ago and received a typed sheet of paper. I then realised i need the correct legal words / terms for it to be effective.

 

If you did do this. Scan up what you received - if you can, for further advice

[rory32]

It also states a CCJ was obtained in 2004 but i have never received any documents to show this.

This sounds dubious but it would be best to get a copy of your credit report to check.

[rory32]

so i checked some threads and replied on the 1/11/07 requesting a copy of the loan agreement.

If it was the CCA request, they need to provide you with an executed copy of the agreement. An unsigned agreement simply won't do, but you need to check on that CCJ first.

[tomterm8]

Yeah... I would send the DCA a SAR at this stage.

 

if they have lied about you having a CCJ they are in real trouble.

[Frisbo]

I only ask because i made an informal request to Barclays a while ago and received a typed sheet of paper. I then realised i need the correct legal words / terms for it to be effective.

 

 

It was informal but i basically stated i was unware of any debt and to send me the agreement.

I did an Experian online report about 3 months ago and that showed no ccj's against my name just a debt that was satisfied in 2004

[rory32]

Oh so their telling porkies then and you have it in writing too They are in deep doo doo.

[Frisbo]

The experian report does not show the address i was at when i took out the loan as it was beyond the time of address but it has related me to to that address under previous searches. The report states no ccj's against my name under public records.

 

The letter reads

 

We write with reference to the above account and to your letter dated on the 5th November(this was posted on the 1st and i have receipt), the contents which we note.

 

Please find enclosed copy bank statements and a copy of the loan agreements for you perusal(not signed).

We can confirm that the county court judgement was obtained on the 8th January 2004(i have nothing to show this) at ---------- county court, case number XA31----.

 

We belive that this is your debt and confirm that the outstanding balance is in the sum of £6900.66 therefore, please find enclosed an income and expenditure form which we ask you to complete and return back to this office within 7 days from the date of this letter, and upon receipt, your consideration will be given to yours of repayment.

 

We trust the above clarifies the situation and we look forward to receiving the above mentioned paperwork.

 

Please Help

[Frisbo]

Hi guys, please tell me if this letter will be ok to send to BMS... Any ideas to addon will be greatly appreciated.

 

 

Re: BARCLAYS BANK PLC - YOUR REFERENCE: #####

 

I DO NOT ACKNOLEDGE ANY DEBT

 

With reference to the above agreement you have not supplied me with the true, signed copy of the credit agreement.

 

We understand that under the Consumer Credit Act (sections 77-79) we are entitled to receive this on request.

 

We also understand a signed copy of this agreement should have been supplied within 12 working days. This was requested on the 1st November, 12 days have exceeded.

 

We understand that under the Consumer Credit Act creditors are unable to enforce any agreement if they fail to comply with this request under these sections of the Act.

[pt2537]

Hi,

 

Have you requested a copy of the credit agreement from this company? if so, when did you send the request and do you have proof of delivery

 

regards

paul

[Frisbo]

I have a receipt to show when the recorded delivery went

[tiglet]

Firstly, i would wait before sending this letter. it is a further 30 calendar days after the 12 before they have committed an offence - they can still produce it at this stage and they would be OK.

 

Is there any particular reason why you are keen to send off the letter this soon, e.g. harrassment etc.?

[rory32]

2 threads merged and one tread deleted. Please keep to one thread so that people can follow your progress and advise accordingly.

[rory32]

As tiglet states you need to wait a little longer, you only sent the CCA request on the 1st November. There is no CCJ so stop worrying about that.

[Frisbo]

please advise what should i do? so i wait 30 days and then send another letter?

[debtsurvivor]

Yes Rory & Tiglet are right the waiting is hard but tick off the 30 days, then come back here for more advice.

[rory32]

At the moment you don't have to do anything. If they get in touch please post back on here. Once the 30 days are up ideally you want them to get in touch with you and ask fo payment, this strengthens any complaint you may make. In the mean time if you have any questions just post them and someone will answer. Try not to worry about this.

[Frisbo]

ok thanks guys

[Frisbo]

I have today received another letter from BMS, it says

 

We note from our records that we have still not received the income and expenditure form that was requested in our previous correspondence. We are trying to assist you with the repayment of the outstanding balance, however if your financial situation is not confirmed, we will not be able to assist you further.

 

In the event that you are unable to confirm your financial situation, we shall have no alternative other than to assume that you are in a position to pay the full balance.

 

We therefore suggest that you complete the enclosed form and return it within 7 days from the date of this letter.

 

Should we not be in receipt of this form within the above timescale, we shall assume that you will not discharge your liability with this company and as such we will have no alternative other than to take further action in accordance with the county court judgement obtained against you, either by way of an attachment of earnings order, baliff or a charging order will be placed against any property ownedby you.

 

Please Help

[debtsurvivor]

He is a reply I used recently plagerised from other posts naturally. Of course you dont have to respond you are still waiting for CCA yes?

 

Dear Sir/Madam

 

My request under s78 of the Consumer Credit Act 1974

Account Number –

Thank you for your letter dated *****, the contents of which are noted. However, you have not yet responded to my letter dated ******I am still awaiting your response.

 

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, dated ******. Upon receipt of the original request the specified account legally entered into disputed status.

 

Whilst the account is 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 agencies (or any third party).

 

To register information with a credit reference agency, you must have written consent from the data subject 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 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence.

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

[Frisbo]

...

[Frisbo]

I have received a copy of the agreement but not the original and not signed as stated in the above post, also some computer prints of a statement showing payments made on the loan, can i still send the above letter due to not receiving the original agreement and see what comes back as i dont think they will wait any longer before taking action which i dont want or need, i will send this letter and await reply, i appreciate the help so far

[Frisbo]

I've had a response to this letter

 

Barclays Account Reference ******

 

We write with referencde to the above account and to your letter dated 30th November 2007, the contents which we note.

 

For us to determine whether you are our customer, we will need you to confirm some details.

 

Please could you confirm your date of birth and send proof by way of driving licence of birth certificate(a copy of these will be sufficient).

 

Also can you confirm if you have ever lived at ** --------- ----- (the address showin on the credit agreement and statement we have previously sent you) (previous thread). If you have not then we will need proof of how long you have lived at your current address.

 

We not from our records that we don not have a telephone number from you. If you could also supply this to us, this will help us resolve this quicker.

 

We trust this clarifies the situation and if you have any queries with regards to the above please do not hesitate to contact this office.

 

yours sincerely

 

 

(the 6 years run out in January, do i stall them? i still not had the signed agreement either)

 

please advise me

 

thanks

[pt2537]

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 substantiate my identity to you.

 

However please note that to date you have happily sent statements and correspondence 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 77/78 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 receiving the documentation requested

 

Regards

 

as long as the letter above in post 23 is a response to your CCA request, send the idjits this letter. it makes it clear where we stand

 

regards

paul

[Frisbo]

Thanks, the 12 days are up on the 11th as my letter was dated 30th nov, how much of a difference is this, does this mean they cant enforce the debt? do i have the upper hand at the moment