I am in need of some help

[kerrygold2]

I have been on the site looking around for about 2 months now I have got about 3 debt with different companys and i need help with them all. First one Barclay card £1.500 this company have sent me to Mercue i have cca them on 8Th september but did no get one. Then on 14 December they sent a company around knocking at my door Power2contact which really upset me i just shut the door on him My question how do i stop them calling again? Then today i have just recevied a letter from Barclaycard asking me for my passport and driving licence before they will investigate and look into my cca do i have to send them this information?

 

Second one is Vanquis credit card £1175 i am now with 1st credit i cca them on 8 september but still no cca what do i do now with this one.

 

third one is with Addition £2000 (littlewood) i sent them a cca letter on 8th september they just sent a blank one back. They have no cca but each months there are adding £50 charge on the amount i own?

I am getting very worry now my life is a mess and if anybody coud help i would be so happy. thanks

[Docman]

Can you scan the letter from Barclaycard after removing your personal details? I've never heard of them asking for ID in this way before.

[Lula]

Kerry, there is absolutely no requirement for you to give them this information, hang on there is a letter to send them

[ODC]

The CCA that Littlewoods/Addition sent you is totally useless and unenforcable.

 

As for some doorstep bully calling at your door, you did the correct thing. Thes parasites have NO LEGAL power whatsoever.

 

Send th

Please note that I am only prepared to communicate with you in writing. Should it be your intention to arrange a " further doorstep call", please remember that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Please therefore take note that, I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless.

is to Power2 CONtact

[pt2537]

two letters here for you,

 

expanding on ODCs one,

 

Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully/sincerely,

 

and in reply to the request for information from Barclays

 

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

 

 

 

 

amend both letters to suit your circumstances

regards

paul

[kerrygold2]

Thanks everyone i am going to send letters tomorrow just one question what do i do about additions and there charges?

[kerrygold2]

Docman i cant scan the letter from Barclaycard but i will try tomorrow on someone else computer thanks

[pt2537]

Dear Sirs,

Account no xxxxxxxxxxxxxx

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

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.

 

My request remains outstanding. An unsigned credit agreement with no personal details on it, like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. A blank agreement neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

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 xx/xx.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.

 

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 + 2 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. If you continue to try to enforce this debt without complying with my original request you will 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.

 

 

I look forward to your reply.

 

Yours faithfully

 

[pt2537]

that should keep Additions quiet for a while

[Lula]

Kerry, if Additions havn't furnished you with a valid CCA then the debt is unenforcable in court, there is another letter you can send them. I will try and find it and post a link, unless Paul beats me to it

[Lula]

LOL I knew he would beat me to it

[kerrygold2]

Thanks for the quick reply any letter in the post tomorrow