Goldfish CCA - Is this a joke?

[getitsorted]

Hi

I recently sent out a CCA request to Goldfish on behalf of my OH.

He received the below in the post this morning!

 

Its SHOCKING!!

 

The letter says they have sent the executed agreement and statement of account and original application form and current terms & conditions. All their is is the statement of account and a letter that was sent to my OH VERY recently when we had paid a lump sum off the card and they had decreased the limit to what was left on it!!

 

It has the current terms & conditions and activation number for the replacement card. It has our NEW address on it (we only moved here 2 years ago!) and he has had the card for about 8 years!! 2 addresses ago!! And it says the new limit at the top which like i say was only decreased at the beginning of this year! Also it isn't signed!! And wouldn't have been as IT ISN'T THE ORIGINAL AGREEMENT!!

 

I actually laughed when i saw it! Its ridiculous and on the statement and the letter thay have the cheek to call this the executed agreement! Do they think we are that stupid--REALLY?

 

OH said they were taken over by Barclays and probably haven't got a clue where the original signed agreement is.

 

I am just confused as to what to do now. I feel like writing them a bemused letter asking them if they had mistakenly left the 'executed agreement' out of the envelope!! Do i write a letter saying it is unenforcable etc etc or do i give them another chance to send it first?

 

Thanks

[getitsorted]

http://s307.photobucket.com/albums/nn292/amandagreen1980/?action=view&current=GoldfishReply.jpg

 

http://s307.photobucket.com/albums/nn292/amandagreen1980/?action=view&current=GoldfishAccountInfoStatement.jpg

 

http://s307.photobucket.com/albums/nn292/amandagreen1980/?action=view&current=GoldfishSupposedagreementfr.jpg

 

http://s307.photobucket.com/albums/nn292/amandagreen1980/?action=view&current=Goldfishsupposedagreementbk.jpg

[2Grumpy]

You could do nothing at the moment, wait and see if they send anything else ... or they make a demand for payment

[gni03349]

... and if they make a demand for payment, you point out to them (in writing of course, and unsigned, and sent recorded delivery) that you are still waiting for a reply to your CCA request, and the account is is in dispute, and what they sent is a load of tosh. The clock is ticking against them now, so depending on when you sent the original CCA request, it's probably already gone past the 12+2 days stage and is in the 30 days stage (after which they have committed an offence). As 2G says... do nothing. They know what their obligations are, and by you sending a CCA request, are too thick to realise that you might actually know some of the rules about collecting alleged debts now. Of course they will try, but they won't be getting very far.. it appears.

 

If you do get the next demand, come back, and somebody will post up or point you to a letter you can send.

[42man]

Edit this to suit....

 

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 **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.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

[getitsorted]

Hi everyone

We have had a letter form goldfish in reply to our letter suggesting the CCA is unenforceable. They are also still phoning and writing requesting payment and threatening a default.

I have posted thier reply below.

 

What do I do now? Just sit tight and let them take us to court?

 

Thanks

GIS

 

Image of goldfish cca reply1 - Photobucket - Video and Image Hosting

 

Image of goldfish cca reply2 - Photobucket - Video and Image Hosting

[sussex1]

have had exactly the same from these and am going round in circles a bit now with me saying it isn't enforecable and them insisting it is.

 

I also sent a S.A.R - (Subject Access Request) although they are refusing to send anything until i send them a certified copy of my signature and are quoting the Data Protection Act. Bit silly really as surely they must hae sasified thmselves re my identity to have sent the alleged CCA

 

good luck

Edited August 16, 2008 by sussex1

[miss muppet]

Same thing in my case Sussex, am thinking of reminding them that they have had no problem in sharing my data with a dca despite the lack of a CCA!

[creditcardmug]

have had exactly the same from these and am going round in circles a bit now with me saying it isn't enforecable and them insisting it is.

 

I also sent a S.A.R - (Subject Access Request) although they are refusing to send anything until i send them a certified copy of my signature and are quoting the Data Protection Act. Bit silly really as surely they must hae sasified thmselves re my identity to have sent the alleged CCA

 

good luck

 

Thats what happened to me, when i got fed up arguing with them they sold the 2 accs to cabot, so now i have CCAd cabot, and getting the usual "we are not obliged to supply, but will ask th OC for a copy rubbish".

[miss muppet]

I have sent them a letter citing the law of assignment -

Got this from somewhere:

The following section was obtained from the statue law online database:-

 

32.2.4 Assignment of debts

 

Assignment is a process whereby debts are sold on to another organisation and is common practice within the industry.

For an assignment of a debt to be legally effective, it is necessary to assign both the rights and responsbilities of the creditor under the agreement.

Partial assignment which, in effect assigns the right to enforce but not the associated responsiblities will be invalid and will preclude the assignee from enforcing the debt.

There are two types of deed of assignment - equitable and absolute. The first assigns the right to pursue the debt to the assignee but not the obligation of the original creditor. The second assigns both the rights and obligations of the assignor to the assignee. However in order for this to be legally bindng the debtor would have to give his/her consent for such an assignment.

Further as I am sure you are aware to be a legal assignee the assignment would have to be absolute whereby the rights and duties pass to the assignee.

It is my belief that the CCA 1974 takes precedent over the Law of Property Act 1925. Thus CCA 1974 s189(1)-

'creditor' means the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law and in relation to a prospective consumer credit agreement, includes the prospective creditor. An assignment under s136 of the Law of Property Act 1925 MUST be an absolute assignment granting the assignee all rights and obligations. I quote from the appropriate section "1) Any absolute assignment by writing under the hand of the assignor".

Therefore with ref to your letter of xxxx it would seem as Cabot advise they have to refer to Goldfish for a copy of the agreement that this was a partial assignment which if it in effect assigns the right to enforce but not the responsiblities is invalid and would preclude the assignee from enforcing the debt.

Furthermore I have to advise you that I will now be making a formal complaint to both the OFT AND TS under The Consumer Protection from Unfair Trading Regulations 2008. This legislation came into force on 26th May 2008 and has enabled the OFT to issue guidance to enforcement officers that provides a legal arguement to support their view that DCA's are "creditors" for the purposes of sections 77 and 78 of the CCA 1974.