Goldfish CCA request

[samcook1703]

I have recently completed a CCA request for Goldfish and am yet to receive a response.

I am now waiting the 30 days but have now received a letter from Goldfish stating they have transferred the credit card business from Goldfish Bank Ltd to Barclays Bank plc.

Does this affect my initial CCA request? Do i need to do another one?

 

I have also received a letter today from APEX credit management advising me of pending legal action in relation to Goldfish.

 

CAN I HAVE SOME HELP PLEASE!!

[maroondevo52]

Hi, Samcook1703.

 

Send APEX this........

 

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.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

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.

 

Yours faithfully

*- Delete as needed

Enjoy

 

 

Just wait and see what Barclays/Goldfish come back with.

 

 

 

Regards.

 

Scott.

 

(With thanks to Brassed Off, for helping me find Curlybens Letter.)

[samcook1703]

Thanks Scott, as my luck would have it Goldfish have now responded today with a copy of my CCA, i will copy and post asap

[samcook1703]

Im sure this doesnt comply with my CCA request as a true agreement, I take it now i can proceed with the next letter or do i have to wait for the 30 days to make it a summary criminal offence?

goldfish-2.pdf

goldfish-1.pdf

goldfish-3.pdf

[rory32]

You may wish to remove your name from pdf 1 and 3. is this all they sent you? When was the account taken out?

[samcook1703]

APEX have closed their file and returned it back to Goldfish, Goldfish have sent a letter from pre-litigation asking for payment (albeit dated prior to Apex letter), and phone calls have now started, from Goldfish litigation.

 

Rory32 i have only received what i have scanned in, i have had the account since 2002 approx

 

Where do i go from here?

[shieldblaster]

If this is all they have sent you following a CCA request it's laughable..if this is all they have then they will not be able to enforce the debt and are in default so they can't take any action.

 

"Sec 78(6) if the creditor under an agreement fails to comply with subsection (1) -(a) he is not entitled, whilst the default continues, to enforce the agreement

(b) if the default continues after one month he commits an offence.

 

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

 

They cannot not demand any payment on the account, nor are you obliged to offer any payment.

 

They cannot add further interest or any charges to the account.

 

They cannot pass the account to a third party.

 

They cannot register any information in respect of the account with any credit reference agency, including any alleged default.

 

They cannot issue a default notice related to the account.

 

You basically do nothing until they come up with an enforceable agreement, if ever

[samcook1703]

Ok great, i have received today a letter from APEX, no date,

 

Stating

 

My name

address etc

 

Start of message

Please call Alan Hover on 0844 556 0244 ext 1537

 

STOP.

End of message

 

No signature

 

I dont intend to call them as there is no enforceable agreement.

Any thoughts?

MAny thanks

[shieldblaster]

Ok great, i have received today a letter from APEX, no date,

 

Stating

 

My name

address etc

 

Start of message

Please call Alan Hover on 0844 556 0244 ext 1537

 

STOP.

End of message

 

No signature

 

I dont intend to call them as there is no enforceable agreement.

Any thoughts?

MAny thanks

 

 

Yes..don't call them keep everything in writing

[creditcardmug]

Total rubbish, much the same as i have just received from them.

They wouldn't stand a prayer with that in court

[Duffers Mum]

Unfortunately although they are not supposed to do any of those things, invariable they will do all of them, all my accounts are in dispute, none have provided the proper agreement, all have added interest and charges since and 4 of the 5 have now passed to DCA's. Its infuriating!

[samcook1703]

I have now recieved a letter from goldfish admiting that they cannot find the agreement and that i should send a signed letter in in order for them to verify who i am.

Do i do this or is it a trick to get my signature and what should i do next?

[bladeboy]

AAAAArghhhhhh!!!!!!!

 

Don't FFS send them ANY FORM OF SIGNATURE!

 

You're right it is a trick. Up to now they haven't requested one have they.

[maroondevo52]

Hi, Samcook1703.

 

You could send them something along the lines of this.......

 

**Edit to suit**

 

 

Dear Sir/Madam,

 

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 the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.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 matter.

 

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 receiving the documentation requested.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully,

 

 

Remember, don't sign it.

 

 

 

Regards.

 

Scott.

[Rhia]

Goldfish has supplied MOH with exactly the same pile of nonsense when he sent in a CCA request. We could not believe what they had sent. Even a child could tell you this in no way complies with the CCA.

[creditcardmug]

Rhia, all i can say is join the club here, i think there are a lot of us!

[samcook1703]

I have now received a default letter and do not know what to do, is there any letter that i need to send now i have received a default

as they have not complied with cca request?

[havinastella]

Sam, I think its just the childish attitude these companies have.

 

They know they don't have a hope in hell of enforcing the agreement, so they play silly buggers by throwing defaults all over the place.

 

As they have still not replied to your request for the Agreement, you don't have to do anything, but the clowns will keep passing your account all over the place.

 

It's up to you if you want to fight to get the default removed, theres loads of threads on here, I'd suggest searching and reading them.

 

Jogs

[samcook1703]

I have now received a letter from Geoffrey Parker Bourne Solicitors. I can't scan it but have written it out below

 

19th June 2008

 

Amount due £134.00

 

Dear Sir/Madam,

 

Re Goldfish Bank Limited

Amount now due £134.00

Client Ref

Apex Ref

 

We have been instructed by Apex Credit Management Ltd to you concerning your now seriously overdue account with them.

 

Unless you contact our instructing agents Apex Credit Management Ltd on 08712442818 quoting the above Apex Reference number within the next 72hours with a repayment proposal, we will advise our clients to issue a claim for recovery in the county court.

 

You must note that in this event the sum for which they sue will include solicitors costs, court fees and interest which will add significantly to your debt.

 

We have been specifically requested to point out that should our clients obtain judgement against you this may be registered at both the County Court Judgements Registry and the main credit reference agencies.

This could seriously affect your ability to obtain credit in the future for up to six years.

 

Please note that we are instructed not to enter into correspondence with you on this account but to refer it back to Apex Credit Management Ltd, 11 Elm Court, Arden Street, Stratford Upon Avon, Warwickshire, CV37 6PA

 

Yours Faithfully,

 

NO SIGNATURE

 

 

Geoffrey Parker Bourne

[samcook1703]

Do I need to send anything to Apex and the Solicitors?

[maroondevo52]

Hi, You could send this...........

 

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.

 

**Edit to suit**

 

 

Regards.

 

Scott.

[davefirewalker]

Morgan Stanley / Goldfish / Barclays are one of the biggest bunch of prevaricators there are, they are known for drawing things out and taking it to the wire............. Ive been having a go at them since Jan last year.

 

They actually had my "agreement" such as it was.............MINUS the prescribed terms.

 

I am now in the process of having a MEGA go at them. But one thing to their credit, after me threatening them with the DPA about unlawful and unwarranted processing of data and illegal defaults.........they have wiped the whole account with the CRA's....nothing to be seen anywhere.

 

Dont know how long that will last though

 

rgds

 

Dave

[RC Rottweiler]

R.C Rottwiler her. I have a query about the 'true and signed copy' of the original CCA, that nobody else seems to have raised. It is simply this: If a debt becomes uneforceable on default of the Creditor (or DCA) being unable to provide it in the prescribed time scale, What is the position if, after they have taken action through the courts, a debtor discovers that they never had it to hand before issuing proceedings? If it's illegal to pursue the debt once this 'default' comes to light, then surely, they should not have been able to instigate proceedings in the first place? - or do we all have to 'sit in the lemon tree waiting to be picked off' and trust (Hu?!) their 'good and honest (HU?!) offices' that they will play by the rules? I have very good and specific reason for posing this question, and will come back later after a few people have studied this question.

 

R.C. Rottweiler

[creditcardmug]

R.C Rottwiler her. I have a query about the 'true and signed copy' of the original CCA, that nobody else seems to have raised. It is simply this: If a debt becomes uneforceable on default of the Creditor (or DCA) being unable to provide it in the prescribed time scale, What is the position if, after they have taken action through the courts, a debtor discovers that they never had it to hand before issuing proceedings? If it's illegal to pursue the debt once this 'default' comes to light, then surely, they should not have been able to instigate proceedings in the first place? - or do we all have to 'sit in the lemon tree waiting to be picked off' and trust (Hu?!) their 'good and honest (HU?!) offices' that they will play by the rules? I have very good and specific reason for posing this question, and will come back later after a few people have studied this question.

 

R.C. Rottweiler

 

I take it you mean that if they have failed to provide the agreement and then issue a claim they shouldnt be allowed to prevail?

[maroondevo52]

Some info on CCA..............

 

A debt becomes unenforceable under the CCA if a creditor does not supply a true copy of the signed credit agreement within 12 working days of it being requested.

 

The debt remains unenforceable for as long as the creditor fails to produce the signed credit agreement – this means if they produce the agreement some months down the line, they are quite within their rights to enforce it. They do not need to take any further action to enforce the debt. A debtor cannot take any action against the creditor for failing to produce the signed credit agreement within the prescribed time, because that is up to the agencies that the offence has been reported to. Any sanctions that may be imposed are at the discretion of these agencies, and it is not a matter that the debtor can take to the civil court.

 

If a CCJ has already been entered against a debt, then there is no point in requesting the agreement under the CCA, if your intention is to argue that the debt is unenforceable, since the debt has already been enforced. You can however request a true copy of the original signed credit agreement if you wish to check original terms and conditions etc. If they do not supply it then your only recourse is to report them to the aforementioned agencies. It would be very difficult to prove that they didn’t have the agreement at the time judgment was entered.

 

It is imperative that you continue to pay any debt under the terms of a CCJ.

 

Issuing a court claim for non-compliance of a CCA request in all probability achieves nothing to benefit to the debtor, as a court claim is likely to spur a detailed search which could well end up with them producing a perfectly acceptable original signed agreement in court – which would result in the debtor losing the case, and being made liable for the creditor’s costs.

 

If after requesting a true copy of a signed credit agreement the creditor fails to produce it, it does not mean that the debt does not exist, because at the end of the day the debtor spent the money and therefore they owe it and need to pay it back The debtor may now however be in a good position to make a full and final offer to clear the debt.

 

 

Regards.

 

Scott.