1st credit - help and advice please

[42man]

Abolutely correct Cymru !!!

[cymruambyth]

Thank you, which is the best letter to send? This is the 1st time I've reached this position.

[42man]

Thank you for your response to my request under the Consumer Credit Act section 78.

 

I am pleased to see that you confirm this as a true copy of the original agreement executed by yourselves on the XXXXX.

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.

 

 

You had until (date here) to provide me with the true copy I requested. After that date you entered into default of my request and I am therefore advising that the matter is now in dispute . Whilst the matter 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, make any further charges to the account or pass the account to anybody else.

Please note you may also consider this letter 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 including any defaults. 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 fail to respond within 21 days, I will expect that this means you agree to remove all such data.

 

[42man]

Wooo Barclaycard....how about this one !!!

 

 

LETTER BEFORE ACTION

 

 

 

DO NOT IGNORE THIS LETTER

 

 

XX/XX/2007

 

Dear Sirs,

 

Account no xxxxxxxxxxxxxx

 

 

Re: my request under the Consumer Credit Act 1974

 

I note that you are acting as agents to Barclaycard therefore I draw your attention to the facts below.

 

This account is in Dispute .

 

On xx/xx/2007 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

As it stands, the document supplied by Barclaycard is not a valid credit agreement nor is it enforceable by any court

 

What I Require

 

Firstly, I require all correspondence in writing from here on; any persistent attempts to contact me by phone will be reported to Trading Standards.

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement is unenforceable it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

 

I respectfully request a response to this letter in 14 days

 

I trust this out lines the situation

 

Regards

[42man]

I'm just awaiting the day a DCA calls you Cymru and you speak in Welsh !!!

[cymruambyth]

42man, you are brilliant. Thank you very much, you must be well on your way to achieving sainthood within CAG:)

BLS won't play any more so my rusty Welsh is still hidden away.

[42man]

Any time Cymru....

[maroondevo52]

42man, you are brilliant.

 

Don't know how many times I've told him

[cymruambyth]

42man, should I refer to CPUTR or just leave it with "the OFT guidance which was issued July 2003 (updated December 2006)"

Thank you

[42man]

Yes you can add CPUTR too Cymru....

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

[cymruambyth]

Thank you

[cymruambyth]

I've got a second green blob!

[cymruambyth]

Hello everyone, some more advice please.

Bumper day, all my creditors have written:p

1stC have sent a letter from their pre legal department

http://i399.photobucket.com/albums/pp74/cymru_1/scan0004.jpg

Do I ignore or has someone got a suitable response? This seems to be going full circle to mt earlier phone threats.

[cymruambyth]

How should I reply?

Should I send a compilation of the letters they have ignored, ie, their actions are vexatious and frivilous as they have failed to supply a properly executed CCA under CCAct 1974 and they have contravened CPUTR 2008.

Or, should I just send a letter advising them that as account is in serious dispute I require their formal complaints procedure?

Thank you

[babybear39]

Request their formal complaints procedure.

[cymruambyth]

Thank you.

How are you and how is college?

[babybear39]

You're welcome

 

University is manic at the moment...So many assignments But I'm keeping on top of them

 

How're you, appart from the numpty DCAs?

[cymruambyth]

I'm great, building my stamina for the next few weekends when I return home for the rugby (thanks dad:D)

[cymruambyth]

They have ignored my last letter:p and no comments on my complaint.

New letter states they are thinking of applying for a SD. Phone them to discuss......

[42man]

Still no agreement Cymru ?

 

How about this one ? (edit and send recorded)

 

Dear Sirs,

 

I write in response to your letter dated XXXXX

 

Your letter is incorrect and frivolous, you are fully aware of legally valid reasons why no payment has been made on this account, namely that the agreement which underpins this account has not been supplied despite a perfectly valid request and furthermore, it is suggested that notwithstanding the failure to supply a copy, the agreement itself is improperly executed, devoid of all prescribed terms and deficient in respect of detail relating to APR, total charge for credit and statements of rights ,remedies and protections as required by schedules 1,2 and 6 Consumer Credit Agreements Regulations 1983

 

Therefore the agreement as outlined in section 65 (1) Consumer Credit Act must be laid before the court to be granted an enforcement order before any further action can be taken

 

It is my view that the court would not grant such an order due to the deficiencies that I have outlined within the agreement, further more this has already been raised with (oroginal creditor) yet I note they have still assigned the account over to yourselves and the absence of any documents disproving my points itself speaks volumes

 

Therefore, I would indeed welcome the opportunity to place this before the court. furthermore should you proceed with the threats to issue a statutory demand I will make an immediate application to have it set aside for the grounds outlined above, also I shall refer the judge to this letter when the matter of costs falls due

 

I trust this outlines my position clearly enough for you

[cymruambyth]

Thank you, I haven't sent that version yet! It'll be in the post tomorrow:)

[cymruambyth]

Still no complaints procedure!

Guess what.....they are going to request my CCA and then I can pay in full:rolleyes:

[babybear39]

When did you request their complaints procedure? If it was more than 8 weeks ago, complain to the FOS.

[cymruambyth]

Still within the 8 weeks.......the date is noted in red:D

[cymruambyth]

They seem to have changed their tone slightly........

We are able to offer you a generous discount if you settle your account by a mutually agreed 'ful & final settlement payment'..................credit file to record the full debt as satisfied.

All they need is my signature.

Would they accept 1%?