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Barclaycard No CCA


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Hi there,

I sent CCA request to Barclaycard on 23rd September for a visa taken out in 2006. No response so far although they have credited the £1.00 postal order I sent as payment to the account. I am overdue for this months payment and unsure of what to do...do I send them the reminder letter or wait it out? Some threads I have read advise not reminding them and building up a harassment case(I am receiving upwards of 6 calls a day), but as I am going down the CCA route with a possible goal of having charges and interest frozen I am not really sure what the point of this would be? Any ideas would be welcome, thanks in advance!

 

 

 

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Hi EL and welcome to the BC forum.

 

Keep a log of all calls which you receive, for any complaint.

 

Send them a reminder for the CCA request. Adapt the letter carefully to reflect your own case.

 

Dear Sir/Madam,

 

FORMAL COMPLAINT A/c no. xxxx xxxx xxxx xxxx

 

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 you enter into a default situation.

This limit has expired.

As you are no doubt aware section 78(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled , while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

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.

Despite my letter regarding ANY communication from your company, which stated that I require ALL communications in writing, your telephone calls continue.

This behaviour constitutes harassment; the letters stated quite clearly to you that I require ALL communications in writing for future use. Do not telephone me again - remove any telephone numbers you hold for me from your systems.

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that ALL telephone calls are taped.

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, has now been submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

Edited by slick132
error corrected - ltr should quote s. 78(6)

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  • 2 weeks later...

Thanks Slick for the template. I sent it recorded delivery but the very next day received a one sided photocopy of the terms and conditions. It is obviously not the CCA. Since then I have heard nothing but received up to 8 calls daily. From other peoples threads it seems like this is a stalling tactic, but what would be the best route to take next? Many thanks again for all your help so far!

 

 

 

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Hi EL,

 

Use this re the CCA response:-

 

Dear Sirs,

 

Account Number: XXX

 

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

 

I note that you have replied to the above by sending a copy of your companies current Terms and conditions I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act.

 

To clarify, just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a "true copy" of the agreement.

 

This breach of the agreement can be demonstrated as follows;

 

As you will know section 180(1) (b) authorises, "the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form." This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557.

 

Before leaving section 180 there are two other sections that should be remembered these are:

 

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

 

And more importantly

 

Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

 

You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations.

 

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

 

The regulations state:

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancellable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

 

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations.

 

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

 

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions.

It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

 

I hope this explains why your reply was unacceptable. I await a True copy of my agreement and would remind you again that, whilst the request has not been complied with, the default continues.

 

Yours faithfully

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Also, send this about the phone harassment - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

Add a para at the end of the letter saying you note they credited your card a/c with the £1 CCA request fee. The payment was not made toward the a/c and should be removed immediately or a formal complaint will be made to the FOS for investigation.

 

Send the 2 letters in the same envelope by Rec'd Del'y.

 

Are you keeping a log of the calls.

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  • 3 weeks later...

I have been keeping a log of most of the calls. Sent the reply back and have heard nothing by post in regards to CCA, just some threatening letters demanding payment and texts threatening debt collectors. Starting to panic a bit, as I have two Barclaycards and have CCA'd both. On one of the letters they are threatening applying for a charging order which scared me a bit. I do not own any property and am on Jobseekers allowance so have no assets!? They seem to be completely ignoring the request and are adding charges to both accounts. 12+2 days is up for the second Bcard now, so wondering if I should fire off the same letter as before or just keep on logging the calls?

 

 

 

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Hi ya....

 

I wouldn't worry about a charging order:) that's an order made by a District Court Judge preventing a defendant from selling or disposing of specified land or assets without first resolving any fines or owed monies. As you don't have any property or major assets I wouldn't bother about it;)

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Hi EL,

 

Yup, the threat about a Charging order is usual DCA hogwash !

 

If the 12 + 2 working days is up on the 2nd a/c, send off the big letter above for this a/c now.

 

They'll respond at some stage, but don't hold your breath. :)

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  • 3 weeks later...

Hello again...I hope everyone had a good christmas! I had to smile when I received a letter from Mercers on christmas eve informing me of a 'Default Notice Served' on the first Bcard account I CCA'd. Still absolutely no response from Bcard despite all letters sent and signed for. No response to my harassment complaint either. Looks like they are about to do this to the second Bcard I CCa'd too, where the situation is the same. Obviously I am aware Mercers are the inhouse Barclaycard DCAs; does this mean they have registered an illegal default notice on my credit file. A bit unsure of what route to take next, and whether to keep hounding them with letters or to sit tight logging the calls? If anyone has any tips or is in a similar situation I would be really grateful of the advice! And happy new year!:)

 

 

 

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Hi EL,

 

I'd write to Mercers with a copy of the CCA request you sent to BC, and confirm they've failed to respond at all so the a/c is In Dispute.

 

Tell them that any adverse comments put on your credit files will be reported to Trading Standards and the FOS.

 

Adapt and use this:-

 

Dear Sir or Madam,

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 the **original creditor/DCA** and has been since DATE.

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 have breached 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 and, under s127, this constitutes a complete defence at law.

 

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.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter and look forward to hearing from you in writing.

Yours faithfully,

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Thanks for that! I am starting to worry that they have completely ignored all communication I have sent regarding both accounts. Is it worth doing a SAR to prompt the CCA request further, or to just leave it as it stands;opinions seem to be mixed on other threads? I am not sure whether to leave it be as it stands or to carry on chasing it up?

 

 

 

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What are you aiming to achieve?

 

There will be a bucket full of over-limit and late payment charges that you can reclaim. Any payment insurance?

 

A Subject Access Request for your statements would provide the data needed to reclaim the charges and all interest aplied to them. This would reduce the amount owed, p!ss on their bonfire and they would cease all hasslement until the case was settled.

 

You could also ask the Court to determine whether the agreement was enforceable.

 

(Now this would REALLY p!ss them off...!)

Edited by noomill060
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Thanks for your reply noomill; I am struggling with a lot of credit card debt that Ive been paying off for five years. Stupidity and naiviety whilst a student and on leaving college, which I hold my hands up to. When I decided to do something about it, I realised that the interest rates on some of my cards had jumped to massive amounts, which explained why I was paying 60 pounds a month and clearing £2.00 of the balance. I want to get to the bottom of my interest rates with a view to getting them reduced or renegotiated. I am now on jobseekers allowance and up to my eyeballs-my Morgan Stanley/Goldfish/Barclaycard are the massive problems, and they have so far refused to help when I have told them of my difficulties. I don't know if it would be better to take the defaults and wait for the debts to be sold on, even though Barclaycard are in default of the CCA request and the defaults issued would not be legal?

 

 

 

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Hi EL,

 

As progrees has been so slow with the CCA requests, an Subject Access Request may well be worth doing. As Nomill says, if there are charges on the a/c, they can be reclaimed with interest and reduce any o/s balance.

 

If you don't have all the a/c state's which you need to d/w this, send off an Subject Access Request with the £10 fee.

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Update...yesterday received the standard 'we have passed on your complaint' letter from Barclays regarding my harassment complaint for first card I CCA'd. So far this is the only response Ive had from them regarding either card, apart from a copy of current t and c's. Interesting, as to test whether they are reading my letters I sent it in special delivery poly bag along with another letter in a sep envelope, re: cca request account in dispute. So they are definitely opening my letters... but completely ignoring most of them...Quelle surprise! SAR'd both accounts today on Noomills advice...will wait with baited breath!

 

Sent letters to Mercers by fax and recorded delivery re: account in dispute being passed over to them/illegal default notice. Post Office advised me that the address on their letterhead does not match up with PO Box? Sent anyway...no response and they keep calling...oh dear!

 

 

 

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The calls drove me up the wall as you have been logging them and have a record of harassment established, including letters sent out why not change your BT number also ask for the number to be withheld when dialing out. First send them a letter saying the continued calls are making you feel desperate if they do not stop immediately (7 days from receipt seems OK) you will be forced to change your number for your health, you will pursue them for compensation as communucation by letter is considered completely adequate in law.

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Thanks RTG! Good ideas! Its a mobile number they are calling me on and one I am using for job applications and getting work, so changing my number would be really disruptive, and I might work that into a complaint. The silent calls are beyond irritating...and as for Mercers...!

 

 

 

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Thanks RTG! Good ideas! Its a mobile number they are calling me on and one I am using for job applications and getting work, so changing my number would be really disruptive, and I might work that into a complaint. The silent calls are beyond irritating...and as for Mercers...!

 

You dont have to change your number just tell them you intend to sell the mobile and when they ring again get someone else to answer or change your voice and challenge them!!!!!:smile:

 

It works trust me!!:lol:

:lol::lol::lol:
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Ok..update! Received another set of Terms and Conditions this morning, no sign of CCA for either of the accounts. Mercers have now passed the account onto Scotcall and entered a default on my credit file, despite the default notice being illegally filed and worded. Have just received a notice of default on the other account too. Calls are a lot less frequent now after I wrote two complaints, however Mercers wrote back to say they think it is unreasonable for me to require communication in writing only, with no mention of the fact that they should not have been passed my account in the first place, and no mention of the still absent CCA's. Will scan and post the letters in the morning.

 

 

 

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Hi EL,

 

Have you looked at this as an alternative strategy for getting a copy of the credit agreement - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html :)

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Ok...this is what I received in regards to my Morgan Stanley/Barclaycard CCA request last week. It is my signature but I am unsure about the T and C's. It arrived blown up on to A3 so was difficult to scan, but on close inspection it looks like the Terms have been cobbled together, as there are some obliterated lines of text and bits covered up? Does anyone have any thoughts?

 

CCA 1

CCA 2

CCA 3

 

Also got a letter from Barclaycard stating my minimum payment on MS/Goldfish/Bcard account is £300 and due in a week. Still no sign of my other Barclaycard agreement which I CCA requested a month before the MS/Goldfish/BCard one. Phonecalls are a lot less frequent after I wrote three complaints, but Mercers are still in touch.

 

 

 

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Here they are a bit bigger. First two are first page which was blown up to A3. Third section was on second A3 sheet:

 

[img=http://i117.photobucket.com/albums/o50/lorahemy/msbccca-1.jpg]

[img=http://i117.photobucket.com/albums/o50/lorahemy/msbccca2-1.jpg]

[img=http://i117.photobucket.com/albums/o50/lorahemy/mbcca3-1.jpg]

Edited by eastlondoner
Hasnt posted properly

 

 

 

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