Barclaycard MasterCard - DCA replies following CCA Letter?

[bobneedhelp]

In middle/late August I wrote to DCA with the Consumer Credit Act Letter and also the Statute Barred Letter - I have received a reply from dca dated early October but all the dca have sent me is a Copy of an Application for Credit Card Application - there is a signature which I think it is mine. I am not even sure what this application is for since it was dated way back in the early 90's. I assume it is for a credit card.

 

The dca have not send me any statment of accounts or any other correspondence on file as requested from the CCA Letter except for this copy which reads:

 

Your Personal Barclaycard MasterCard Application

You can apply for FREE ....by signing and dating the boxes below marked with an x. Got my name and previous address ....and brief conditions, and additional card holder details ...

 

Basically, the allege debt was taken in the early 90's, had a divorce early 90's and then defaulted, made small but regular payments until 2001 or there about - stopped payment due to stress and depression at work - then was moving about staying with friends and family in UK and overseas to keep alive basically. I did not have communication or correspondence with dca since 2001 or thereabout.

 

Only in August I found CAG and members helping me through issues and started dealing with dca's. CAG members suggested new thread to get help on what to do next and how to write back to dca to state that they have not given me the necessary informations and also allege debt is staute barred.

 

Can anyone Help! Please.

[notsoevil]

This debt if no contact has been made since 2001 is now statute barred. I would write a letter just stating that!!!!

Have a look at the stick "are you being chased for debt more then 6 years old" at the top of this forum.

[palomino]

I wouldn't bother responding but if you to do so then simply state that you applied for a credit agreement and have been sent an application form. Can you have a copy of the agreement please.

Just leave it at that.

[maroondevo52]

Hi, bobneedhelp.

 

There is a letter you could try sending..........

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. An application form, like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. A application neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains 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, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

 

 

** Edit to suit**

 

 

Not sure if it's worth sending this, just to see what they come back with, but if what you say, regarding payments or acknowledgement of the debt is right, this debt is Statute Barred, so there is nothing they can do.

 

 

Regards.

 

Scott.

[bobneedhelp]

hello maroondevo52 and all,

many thanks for the help and advice given - I will write back as suggested and see what replies come back.

[bobneedhelp]

maroondevo52

 

I sent the CCA around 25 Aug - does this mean the dca have defaulted since I only received the photocopy on 5 Oct and the letter by the dca was dated 2 Oct - I was told that CCA requests was 12 + 2 days ( and that the 30 days does not count anymore or does it count?). If defaulted, do I have to write something to that effect.

 

What about the debt being statute barred? Is there a need to mention this or not necessary in this letter.

 

Have another question: You mentioned in your template letter that :

You had until XX/XX/2008 to provide me with the true copy I requested

What date do I put this as?

[42man]

This date is 12+2 working days after you made your request....

[42man]

And yes....do mention that the debt is statute barred too....

[bobneedhelp]

Maroondevo52

Have another question: for the CCA is it necessary for the dca to supply me with credit agreement as well as things like statement of account, communications letters by whom, when was last payment made and if interests charged how much and when ....Please advice. Thanks.

[42man]

If you make a CCA request, they have to supply you with a true copy of your agreement, the terms and conditions that applied to the account at the time you opened it and a statement of the account....they don't have to supply any letters....

 

If you make a SAR (Subject Access Request) this is just a request for all the information they hold on you, but this isn't covered by the Consumer Credit Act 1974, so although they have to supply you with the information in 40 days, and if they don't and after a further reminder they STILL don't send all your information then you can take them to court for non compliance of your SAR request, but you can't use a SAR as a dispute if they are trying to enforce a 'credit' debt...

[bobneedhelp]

42man

many thanks

 

Have another question: You mentioned in your template letter that :

Quote:

You had until XX/XX/2008 to provide me with the true copy I requested

What date do I put this as? and last post - no 9. Is there a date like - Give them 7 or 10 days? and since they have defaulted, how do I phrase this in the letter and where?

 

I notice that there is no mention of copies of statement of accounts, last date of payment, communications etc. IS this necessary to put this in the reply?

[bobneedhelp]

42man and maroondevo52

many thanks and I have more questions - I am sorry for being a pain but I am not sure and these questions keep popping into my mind - I guess I will ask it even though I might be wrong - at least someone will be able to help me through this - so thanks for bearing with me

[42man]

If you sent the CCA request on the 25th August then the date you need to insert in the letter will be the 12th September 2008 (this is the date they went into default of your request) so your letter will read -

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. An application form, like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. A application neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

PLEASE ALSO NOTE - You are also supposed to supply me with a statement of account and a copy of the terms and conditions at the time the account was taken out.

 

You had until 12th September 2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains 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, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

I would also like confirmation and proof that the debt is NOT barred by the Statute Of Limitations Act 1980, I will not be making any payments towards any alleged debt that is statute barred

 

I look forward to your reply.

 

Yours faithfully

[bobneedhelp]

42man

Many thanks - letter going out tomorrow to dca concerned and will see what their respond will be.

[maroondevo52]

Good luck with that

[bobneedhelp]

42man,

reply letter this afternoon and await reply - thanks again.

[bobneedhelp]

if sending SAR letter - do I need to sign letter ? or just print name?

[bobneedhelp]

sending another letter to original creditor in my other thread but no one has reply me ..so I am asking here just in case someone knows the answer ..THANKS!

[42man]

Just PRINT the name Bob...

[bobneedhelp]

ok 42man ...thanks ..going out now to post letter

[42man]

RECORDED delivery too...

[bobneedhelp]

Letter sent today

[bobneedhelp]

42man,

yes by first class recorded delivery

[bobneedhelp]

so the 40 days starts when i send letter - give and take a few days for post office handling

[bobneedhelp]

no reply as yet - typing this to remind me of my own check on development