Credit Security Ltd

[stanfranks]

I have paid monthly to CSL against a Barclaycard debt for several years.

Approx £ 550 owing now.

I cca'd them - Barclaycard responded direct.

They sent a copy of the application form which is dated and contains my signature (theirs is missing).

This form has none of the prescribed terms and is partly ineligible.

Also a separate copy of conditions of use sent is not dated with no reference numbers therefore cannot be linked to the account.

I wrote back to CSL advising them the documents do not comply with my cca request and that they are in default etc (30 days also well passed).

 

CSl sent a letter stating I was avoiding payment and that I had admitted liability by previously paying against an agreed plan based on my income at the time.

They also said that if payments are not made they will refer back to their agents Barclaycard for court action.

 

They also sent back my letter (advising them of default) stating it was unsigned and asking me to sign and return.

I did not sign the letter but printed my name once under yours faithfuly.

Is this acceptable?

 

Can anyone advise what my next course of action should be.

 

thanks

 

stanfranks

[Multay]

Hi,

 

Do not sign anything and never talk to these people on the phone. The fact that you have paid money to them has nothing to do with anything and they know it...I personally wouldn't do anything now - They have an unenforceable agreement and they know it. This may not stop them taking you to court but if you choose to defend there is a very good chance you will win as they are likely to bottle it before it gets that far.

I would suggest that you scan the agreement and post it on here so that one of the experts on here can look over it for you and give you a little more advice.

 

Remember though - Do not sign anything and don't talk to them on the phone (or tell them you are recording the call if you get caught out).

Try to do everything in writing and keep all copies - Send everything recorded delivery.

 

Hope this is some help.

 

Cheers,

[foolishgirl]

They probably will send back to BC who will no doubt pass it on to another DCA (it's typical BC action) so you need to send firm letter along the lines of:

 

Dear Sirs,

 

Account no xxxxxxACCOUNT IN DISPUTE

 

Re: my request under s77/78 of the Consumer Credit Act 1974.

 

I note that in response to my request made on XXX for a true copy of the original credit agreement for the above account under the Consumer Credit Act 1974 (Sections 77-79) you have sent me a copy of an application for a credit card (your correspondence dated XXX) with a copy of your Terms & Conditions that has no definitive or tangible relation to the application. These documents most definitely do not comply with your obligations under The Consumer Credit Act Section 127 (SI 1983/1533 Prescribed Terms) i.e. this is not a signed executed credit agreement.

Under the terms of the above Act, a creditor has 12 working days to provide the requested documents. That deadline has now passed & I understand from your correspondence that you have no intention of supplying the requested documents. I therefore notify you that you have a further 30 days before this matter becomes a criminal offence.

 

As I am sure you are aware, where the creditor is unable to produce a properly executed agreement within the specified time period (or an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor), the debt is completely unenforceable.

 

Therefore this account remains in dispute.

I again draw your attention to the legal requirement 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 therefore the following applies:

 

• You must not demand any payment on this account, nor am I obliged to offer any payment to you.
  
• You must not add any further interest or charges to this account.
  
• You must not pass this account to any third party.
  
• You must not register any information in respect of this account with any of the credit reference agencies.
  
• You must not issue a default notice on this account
  

I hereby give you notice that if you proceed with any of the above actions, 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.

Furthermore please 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 the 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. Should you fail to respond within 21 days, I will assume that you agree to remove all such data.

 

 

 

DO NOT sign any letters, docs. that you mail to them - use a dig. signature or print. Send everything Rec. Del.

 

If you read the Barclaycard forum you will see others in the same position as yourself. BC seem to take people to the court door & then drop it so be prepared....

 

 

If it is passed to another DCA just send them a copy of the above & point out that it should never have been referred to them as the account is in dispute due to BC not providing enforceable CCA.

[42man]

Stan did you ever reclaim any excessive charges back from the account ?

[stanfranks]

Thanks for responses so far.

foolishgirl, I sent a letter similar to the one you advise.

That is the one they sent back saying no signature and could I sign and return.

My name was clearly printed at the bottom of the original.

Is this acceptable and should I return letter stating they have no valid reason to refuse.

I do not know if any charges have been applied to the account as it is quite old (over 10yrs).

I am not able to scan the application form sent at the moment but it is similar to others I have seen in the in the forum with no prescribed terms.

[42man]

No.....don't sign ANYTHING at this stage....you do not need to....

[stanfranks]

Ok, I will return my original letter (text similar to foolishgirl's post) to Credit Security Ltd by rec del.

Unsigned but still with my name printed at the bottom.

Just need to wait to see how they respond.

 

I will see if I can scan the application form they sent.

[battyboimatt]

I had a letter asking me to sign once, and I didnt,

[stanfranks]

Letter sent rec del today.

I have included a cover note advising them they have no legal reason to refuse my request and to remind them they are in default.

 

I will see how they respond before considering a S.A.R.

 

Thanks for help so far.

Edited July 10, 2008 by stanfranks
sent twice

[stanfranks]

Letter sent rec del today - unsigned of course.

I have included a cover note advising them they have no legal reason to refuse my request and to remind them they are in default.

 

I will see how they respond before considering a S.A.R.

 

Thanks for help so far.

[stanfranks]

No response from CSL regarding dispute and cca default.

However I have had 3 phone calls from Robinson Way which I did not answer.

They have now sent a letter demanding payment, stating they are acting on behalf of their client Barclaycard.

The usual threats are there ie court action etc.

Will this letter be ok to send:

ACCOUNT IN DISPUTE

Account number: XXXX XXXX XXXX XXXX

 

I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with Credit Security Ltd and has been since DATE 2007.

I have not received any notice that the debt has been assigned to yourselves to prove you are legally entitled to collect.

This action is in breach of OFT collection guidelines, the Consumer Credit Act 1974 and Data Protection Act 1998.

Credit Securuty Ltd are in default of my Consumer Credit Act request, and OFT Collection Guidelines and 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 Barclaycard for resolution of these defaults and breaches, as you cannot lawfully pursue any enforcement activities.

 

I note you have made a number of telephone calls to my private number which I find personally harassing.

Your actions are in violation of the Administration of Justice Act 1970 section 40 and the Personal Harassment Act 1997, as well as breaching several OFT Collection Guidelines.

If you choose 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.

 

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.

 

As CSL have clearly ignored my letters regarding their default, should I also write to Barclaycard (CSL may not have passed my letters on to them).

Can anybody help further.

Stanfranks

[Curlyben]

The original bemused letter has more punch, I ought to know I wrote it

 

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.

 

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

 

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

[stanfranks]

Thanks curlyben your original does have more punch.

I will amend my draft to suit.

 

My correspondence re: dispute and cca default has previously only been with CSL.

Is there any need at this stage to write direct to Barclaycard.

It look like both CSL and RW are acting as agents and not taken over the debt.

[Curlyben]

No need at all, yet

 

Get rid of the DCA's first then deal with the OC.

[stanfranks]

Thanks curlyben for your help.

 

I will send amended letter rec delivery tomorrow.

 

The cag forum provides good advice and worth the many searches to understand how to stand up to debt collectors.

 

So far this year:

 

Nat West court claim £ 5000+ no reponse to cpr - stayed

Intrum Justitia - admitted no cca - gone away

Barclaycard - ongoing with DCA's (this thread)

[stanfranks]

Next stage of debt being chased.

I sent curlybens letter to Robinson Way and they phoned 2/3 times for 2 days (did not take the calls).

A few days later I receive a letter from Meritforce acting on behalf of Lowel Portfolio - Barclaycard.

Never dealt with them before and the amount claimed is higher than the balance by CSL.

Is this the same debt passed on.

They also state a door collector will call.

 

So is my best option to send them a prove it letter and statement to revoke the licence to visit, or should I just ignore and see what happens next.

[stanfranks]

Are Meritforce phishing.

I have sent the revoke licence to visit letter.

 

However Robinson Way have replied to my letter (as per curlybens).

They are asking me to send details of the dispute.

Usual threat of action if I dont comply in 7 days

 

What do I do next.