Barclaycard not responding to CCA request....

[paulrockliffe]

Hello,

 

I've CCA'd Barclaycard and have had no response, over 24 days ago now. I've been searching for template letters for the last hour and come up with nothing - can someone please advise me on the next step?

 

I don't know that they don't have an enforceable agreement, because they haven't sent me anything, what do I need to say when I write to them about their non-compliance?

 

Thanks.

 

Paul.

[Castlebest]

Hiya Paul again , If Barclaycard have not responded to your CCA s78 request then after 12 days the account is unenforceable, after a further 30 days they are committing a statutory criminal act.

 

Until they provide the information you have properly requested they cannot do anything with your account so effectively all you need to do after the second period has expired is write to them and tell them that and also they must cease to process data concerning you, then forget it until they manage to find something that complies with the Consumer Credit Act.

 

pete

[sallysas]

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

There you go.

[paulrockliffe]

I've just had a bill through from Barclaycard complaining that I've not paid and have cancelled my direct debit.

 

I've still not had any response to my CCA or my follow up letter that advised them that I wouldn't be making further payments and that I wouldn't pay any charges they apply to my account from 30 days post CCA until the comply with my CCA request.

 

Should I just write to them reitterating my position and enclose copies of my previous letters, or is there more I should be doing to get this resolved?

[jumpjet]

Did you send recorded/SD?

 

If so, write again and remind them!

 

You have to have proof of delivery or they will deny recieving!

[maroondevo52]

Hi, Paulrockliffe.

 

You could try sending them this..........**Edit to suit**

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor 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.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

Remember, print your name, don't sign.

 

 

 

Regards.

 

 

Scott.

[paulrockliffe]

I like that, I have just written a lengthy response, but will steal a few bits from yours, cheers!

 

I'm bored of them sending me requests for payment and their computers leaving messages on my voicemail; who should I report their conduct to?

[maroondevo52]

OFT........

 

http://www.consumeractiongroup.co.uk/forum/consumer-protection-unfair-trading/147892-complaint-about-telephone-harassment.html

 

Regards.

 

Scott.

[paulrockliffe]

Alleged debt passed to Mercers, no response to my complaints other than a letter stating they'll respond by the 11th of August, no actual response a month later, Mercers are threatening court action, Barclaycard keep sending their bills, couple of snotty letters posted.

 

Really should get on with making a complaint to the OFT! Is there anyone else I can use to bring pressure on Barclaycard to reply to my CCA request or **** off?

[slick132]

You should report them to the FOS for clear breach of OFT Guidelines on Debt Collection under Sections:-

 

2.6(h); 2.8(i) and 2.8(k)

 

Write a quick ltr to BC confirming that their failure to respond to your previous ltrs and passing the alleged debt on to Mercers is in breach of the OFT Debt Coll'n Guidelines. The matter has therefore been reported to the FOS.

 

Send a copy of all ltrs to Mercers too.

 

Save on postage by getting a free Certificate of Posting from the PO instead of using Rec'd Del'y.

Edited September 11, 2008 by slick132
add'n

[Demanda]

Hello...

I think your site may have saved my life - not as much of an exaggeration as it should be!

I have been writing to Barclaycard since July 2008 to make arrangements for my account whilst I'm not earning (my business went into liquidation) but have received no reply. The phone has been going constantly - we now don't answer 0845 or International area calls (thanks to caller display).

When I made a payment at the beginning of September to stave off legal action, the call handler confirmed that they had received my letter and a response would be sent out; this was followed by a 'head teacher' letter reminding me to keep my account up to date.

There was one clue, a Liverpool telephone number; so today, after 6 phone calls to numerous 'teams' and in desperation, I googled Barclaycard Liverpool and found links to your site and a list of telephone numbers, names and email addresses for Barclaycard!

Among the calls, I did manage to find someone whose English was good enough to understand my accent and put a stop on the account; time will tell whether this applies to their charges as well as my spending.

Anyway, I've been on other consumer advice sites because I cannot believe I'm the only one and the info I've picked up today has been priceless, so thanks. I'll keep you posted.

[Demanda]

Alleged debt passed to Mercers, no response to my complaints other than a letter stating they'll respond by the 11th of August, no actual response a month later, Mercers are threatening court action, Barclaycard keep sending their bills, couple of snotty letters posted.

 

Really should get on with making a complaint to the OFT! Is there anyone else I can use to bring pressure on Barclaycard to reply to my CCA request or **** off?

Try a random number from these!

(Courtesy of the Amicus Union website.)

 

Joanne Dooley

Barclaycard, Norwich Way, Kirkby, Merseyside, L32 8UY

07917 427711 0151 549 7074 [email protected]

 

Angela Scott

Barclaycard, Norwich Way,

Kirkby, Merseyside, L32 8UY

[email protected]

 

Sarah McCabe Barclaycard, Norwich Way,

Kirkby, Merseyside, L32 8UY

0151 549 7074 [email protected]

 

Sharon Sparks Barclaycard,

Norwich Way, Kirkby, Liverpool, L32 8UY

0151 549 7074 [email protected]

 

Neil Hardman Barclaycard,

Norwich Way, Kirkby, Liverpool, L32 8UY

0151 549 7656

[slick132]

Hi Demanda and welcome to CAG.

 

Our site is a source of information and inspiration for many peeps.

 

Feel free to start your own thread here in the BC forum - just hit the New Thread button at the top or bottom of the BC forum page, give yourself a title, and you'll get all the help and advice you need to help deal with BC.

[paulrockliffe]

UPDATE!

 

Barclaycard FINALLY responded to my CCA request! I wrote them a thrid extremely snotty and forceful letter and I worte to Mercers to tell them to mind their own business. Since then I've had nothing from Mercers and now I've finally got a response from Barclaycard.

 

So what did they have to say? Well they started off by apologising for their delay and any 'inconvenience' this amy have caused me. Its not the inconvenience, I quite enjoy these little battles, its more the £135 charges they've added to my account while they were in default to me over their failure to comply with the Law, but thats a side issue really.

 

They went on to explain that they'd enclosed a copy of my original credit agreement and a copy of my current credit agreement. Now I accept that they are able to vary the terms of the agreement, but surely they can't have two entirely separate agreements in relation to the account in accordance with the Consumer Credit Act 1974??

 

For 7 months they didn't seem to be able to find a single Credit Agreement, but now all of a sudden they have two! What a brilliant financial institution you might think!

 

But wait, hold on, there doesn't appear to be a signature on either one? Odd! Both state that they are "Credit Agreement regulated by the Consumer Credit Act 1974", yet the most important of the terms prescribed by said act are missing from both. On further inspection, I've noted that the latest agreement has my name spelt wrong on it, the same spelling mistake has only been used by Barclaycard once, on the letter they sent with this agreement. I can't help but wonder whether the current agreement wasn't perhaps typed on the 16th of September, while they were writing their letter. The plot thickens! My biggest surprise was that they didn't even manage to produce my application form, which does at least have a signature on it!

 

Anyway, it's pretty clear that no agrement exists between my good self and those villains over at Barclaycard, so I could do with some advice on how best to go about bringing Barclaycard around to may way of thinking as ammicably as possible? Also, I'd like this whole sorry adventure removing from my credit record, what is the best way of achieving this as efficiently as possible?

 

Cheers

Paul.

 

PS - I'm going to attach pics of my 'agreements' for you to look at.

[maroondevo52]

Hi, Paul.

 

If you could get the 'agreements' up, I'm sure people will have a look and advise.

 

Regards.

 

Scott.

[circatrova]

Paul Hi,

I have exactly the same situation with B/C ,can you give me any advice as to the outline of the stern letter that finally got a response from them,as the have just totally ignored all my recorded del requests for a CCA,laterly using a Curly Ben letter that I thought would do the trick,but no luck,the arrogance is staggering.

I am frustrated to say the least.

Any help much apprecited,

 

Regards Circa

[paulrockliffe]

As promised:

 

Original Agreement:

 

Original Agreement 1.jpg.JPG on Flickr - Photo Sharing!

 

Original Agreement 2.JPG on Flickr - Photo Sharing!

 

Current Agreement:

 

Current Agreement 1.JPG on Flickr - Photo Sharing!

 

Current Agreement 2.JPG on Flickr - Photo Sharing!

 

Current Agreement 3.JPG on Flickr - Photo Sharing!

Edited September 29, 2008 by paulrockliffe

[slick132]

Image links not showing - does this work?

 

Orig'l Agree't

Original Agreement 1.jpg.JPG on Flickr - Photo Sharing!

 

Original Agreement 2.JPG on Flickr - Photo Sharing!

 

Current Agree't

Current Agreement 1.JPG on Flickr - Photo Sharing!

 

Current Agreement 2.JPG on Flickr - Photo Sharing!

 

Current Agreement 3.JPG on Flickr - Photo Sharing!

[paulrockliffe]

Paul Hi,

I have exactly the same situation with B/C ,can you give me any advice as to the outline of the stern letter that finally got a response from them,as the have just totally ignored all my recorded del requests for a CCA,laterly using a Curly Ben letter that I thought would do the trick,but no luck,the arrogance is staggering.

I am frustrated to say the least.

Any help much apprecited,

 

Regards Circa

 

This is the third letter I sent them:

 

 

Thank you for your letter dated the 21st of July 2008. In that letter you stated that your aim was to resolve my complaint by the 11th of August, it is now the 1st of September and I have heard nothing further from you in regard of this matter.

I must remind you that it is now more than five months since I made my initial request for a copy of my Credit Agreement under the Consumer Credit Act 1974 (Sections 77−79), and to date, you have failed to comply with your legal obligations in respect of this matter. To compound this situation the only communication I have had from you regarding this matter is your letter of the 21st of July 2008, which offers no solution to this issue.

Quite frankly I am confused by your failure to produce the documents I have requested in a timely matter, especially considering the legal implications of your failure to comply with your duties under the Consumer Credit Act 1974 (Sections 77−79).

Since I wrote to you on the 4th of May 2008 you have continued to attempt to contact me by telephone and you have continued to send me requests for payment through the post. I am receiving approximately four or five phone calls each day.

I am writing to you today to refocus your attention on the contents of my three previous letters as it is clear that their contents and your legal obligations in respect of my complaint have not received the attention that they merit.

 

Please take the time to read through the enclosed copies of my previous correspondence with you before composing your response.

Furthermore, I am writing to you to make a formal complaint about your operation of this account; on the 22nd of August 2008 I have received a letter from Mercers Debt Collection Limited. As you are aware, as of the 23rd of March 2008 you were forbidden by law to:

· Ask for payment in relation to this account.

· Add charges or interest to the account.

· Pass information relating to this account to any third parties.

I have highlighted the legal status of this account to Mercers today and I expect that they will refer the account back to you in due course. I must remind you that until you have complied with my request under the Consumer Credit Act 1974 of the 11th of March 2008 their involvement with this account is illegal and you should take every step to cease their involvement immediately.

It is the case that in order for Mercers to attempt to collect in respect of this alleged debt legally they would require both a Deed of Assignment from yourselves and a signed copy of the Credit Agreement under the Consumer Credit Act 1974 in relation to the account in question. Now I have to ask how Mercers can have a signed copy of the Credit Agreement under the Consumer Credit Act 1974 in relation to this account, when you have, to date, failed to produce a copy as part of your legal obligations under the Consumer Credit Act 1974?

In the next few days I will be submitting all correspondence in relation to this matter to the relevant authorities and making a formal complain about your conduct in this matter.

Although I have previously expressed my concerns over the way you have chosen to operate this account, I must state that I am absolutely disgusted with the level of contempt you have shown over the previous few months for both me as a customer and the Law of the country in which you operate.

I would appreciate your due diligence in this matter.

 

 

This is the second letter I sent:

 

 

I am writing regarding your Visa Statements dated May 2008 and June 2008. As you will be aware, I wrote to you on the 10th of March 2008 with a request under Section 77-79 of the Consumer Credit Act 1974 for you to supply me with a copy of the Credit Agreement in relation to the above account.

Nearly four months later I have still received no response from you regarding this matter. These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974. As you will also be aware, I followed this letter up on the 4th of May 2008 and reiterated your legal duties regarding my letter of the 10th of May 2008. To date I have received no response to this letter either.

I have attached both letters to this letter for your information and I have summarised the pertinent points of both letters below:

· I requested a copy of the Consumer Credit Agreement relating to the above account on the 10th of March 2008.

· Under the terms of Section 77-79 of the Consumer Credit Act 1974 when you failed to respond by the 23rd of March the Account became unenforceable.

· From the 23rd of March 2008 until the date that you comply with my request you are forbidden by law to:

 

· Ask for payment in relation to this account.

· Add charges or interest to the account.

· Pass information relating to this account to any third parties

 

· 30 days from the 23rd of March 2008, by failing to comply with my request, you committed an offence under the Consumer Credit Act 1974. This deadline was the 22nd of April 2008.

· I will not be making any further payments on this account until you have complied with your duties under the Consumer Credit Act 1974.

· I will not be making payment on any charges or interest added to this account between the 22nd of April 2008 and the date that you do comply with my request.

· I will be reporting your actions to the Financial Services Authority.

For your information, Section 77(6) of the Consumer Credit Act 1974 states:

 

If the creditor 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.

 

Therefore this account has become unenforceable in Law.

 

Furthermore I must reiterate that you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

· The lack of a credit agreement is a very clear dispute and as such the following applies.

 

You may not demand any payment on the account, nor am I obliged to offer any payment to you.

· You may not add further interest or any charges to the account.

· You may not pass the account to a third party.

· You may not register any information in respect of the account with any credit reference agency.

You may not issue a default notice related to the account.

 

Both your Visa Statements dated May 2008 and June 2008 include a request for payment; by requesting payment in relation to this account following your failure to comply with my request under the terms of Section 77-79 of the Consumer Credit Act 1974 you have committed a criminal offence under section 40 of the Administration of Justice Act 1970.

 

I have received repeated phone calls from one of your computers this evening, these acts also are criminal offences under section 40 of the Administration of Justice Act 1970. These acts are also considered to be criminal offences under sections 1 and 2 of the Protection from Harassment Act 1997.

 

As a result of your continued abuse of the Law and your failure to comply with your legal duties I am formally notifying you that I am only prepared to discuss this matter in writing and only when you have complied with my request under Section 77-79 of the Consumer Credit Act 1974 of the 10th of March 2008 for you to supply me with a copy of the Credit Agreement in relation to the above account.

Other than as described above, any further correspondence from you or any other party in relation to this matter will result in a complaint to the authorities under the Protection From Harassment Act 1997.

 

I must remind you that passing information in relation to this account to any third parties would be an offence under both the Consumer Credit Act 1974 and the Data Protection Act. This includes Credit Reference Agencies and Debt Collection Agencies. Consequentially any legal action you pursue will be averred as both unlawful and vexatious. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I would appreciate your due diligence in this matter.

 

Hope that helps.

[circatrova]

Paul,Thank you very much.

Your second letter is v simular to the last one I sent.

So will construct something along the lines of your 3r and see if that helps.

Thanks again for a prompt and helpful response.

 

P.S May I ask if you continued to make payments on the account whilst in dispute as this is another area where there seems to be confusion as the right thing to do,either morally or in view of any future potential litigation.

 

Kind Regards,.

 

Circa

[paulrockliffe]

No, I made one more payment after the 30 day deadline for CCA compliace expired and haven't paid thema penny since. The Law is quite clear on this; if they have failed to comply with your CCA request after 30 days they cannot request payment on the account or add interest or charges to the account. Effectively the account is suspended. Barclaycard don't seem to have the systems in place to comply with this aspect of the Law and will continue to add their charges and interest, which is pretty annoying as if they do have an executable credit agreement it'll be a complete pain to get all these charges removed from the account.

 

Personally I have no qualms with this stance from a moral point of view. The Law is the Law and if a company like Barlcaycard are unable to comply with it then you should feel no guilt for exercising your legal right to deny them payment.

 

When it comes to the issue of whether you should walk away from a debt you know you owe if they don't have an agreement I would argue the same way; its their responsibility to operate your account within the bounds of the Law (CCA 1974) if they don't then they can face the consequences. From a personal point of view I chose to use the CCA route as it seemed an easier way of obtaining full settlement of the charges on my account as they made me two offers that fell short of what I was owed, but amde it clear that I would have to take them to Court for the rest.

[circatrova]

Paul,Good Afternoon,

Thanks again for detailed intelligent reply.

I totally agree with the reasoning behind stopping payment,its just I know their administration is very very poor or sinister or both and that they will just keep adding charges and interest,and its all the work/energy thats involved undoing all that incompetance.

 

Good luck with yours,

Kind Regards Circa

[Mockenrue]

Subscribing...

[steven4064]

I've looked at the dox in posts 17 & 18 - nothing has name, address or signature. Therefore not enforceable.

[paulrockliffe]

Update - It's been a while!

 

I've been very busy since I was last on here and have been letting Barclaycard carry on without my input for some time. Since I stopped responding to their letters I've had letters from four or five different DCAs claiming I owe them money in relation to the account. All were ignored, all went away.

 

Finally Westcott have taken the case up themselves again and I had a letter on the 30th of July threatening legal action. On the 2nd of September (only recieved on the 22nd!) I received a letter from Nelson Guest and Partners Solicitors threatening legal action if payment was not recieved in the next 7 days. This deadline passed a couple of weeks ago, but I've heard nothing.

 

How should I proceed with this now? Should I write to Westcott and Nelson Guest telling them to produce the credit agreement, should I remind Barclaycard that they still owe me the agreement? Should I take Barclaycard to court to force them to produce the agreement? SHould I just leave them alone again, or will they try to take me to court without an agreement?

 

All advice appreciated!