Barclaycard Microfiche Gumph

[TANZARELLI]

Juli,

 

I have written to them this week saying its now obvious they dont have a properly executed credit agreement etc etc.

 

For some reason known only to themselves I received another 2 copies of the same application form this week. Both in the same envelope, no terms and conditions, and it still isnt a properly executed credit agreement. Not even a proper covering letter explaining why lmao

 

Let you know as soon as I hear something back. Once they admit it then I go after them for charges and interest paid

 

 

They shouldnt have tried to avoid a charges claim by witholding my S.A.R - (Subject Access Request) lmao

 

Hi Tamdus,

 

Capital One still have not supplied me with my CCA request and the deadline was up last wed. Could you post the letter you sent them so I can crib some wording from it, if you dont mind.

 

Thanks heres my link you could post it here: http://www.consumeractiongroup.co.uk/forum/capital-one/51318-tanzarelli-cap-one-default.html

 

Tanz

[tamadus]

Hi Tamdus,

 

Capital One still have not supplied me with my CCA request and the deadline was up last wed. Could you post the letter you sent them so I can crib some wording from it, if you dont mind.

 

Thanks heres my link you could post it here: http://www.consumeractiongroup.co.uk/forum/capital-one/51318-tanzarelli-cap-one-default.html

 

Tanz

 

Is the 12 days up now Tanz or the 12 days + a month ?

 

If the month is up then just write telling them that the time allowed under the CCA for your request to be responded to has now passed and that as they have failed in their statutory duties under the act then not only do you no longer acknowledge the alleged debt but they have now committed an offence which is being reported to the approriate authorities (TS) for investigation and action.

 

I'm surprised at Capital 1 as they responded very quickly to the request I made to them.

 

I'm not sure my recent letter will be much use as it goes into a lot of specifics and my case is about 3 months in front of yours

 

As all goods heros do, I think I am leading the battle against Barclaycard not having credit agreements, with Paulwlton very close on my heels.

[TANZARELLI]

Hi Tamadus,

 

12 days was up wednesday last week. What is the month bit your referring to?

 

Thanks for the info.

 

Tanz

[tamadus]

After 12 working days they are in default, after another calender month they commit an offence

[TANZARELLI]

Ahh, I see, thats intersting, thanks for that, will have to wait for a bit longer then.

 

Cheers.

 

Well your there, had a reputation click this morning and I had a list now of 6 that are green, and now have 4 that are black looking. Whats the difference between the black looking ones and the green ones?

 

Tanz

[tamadus]

Ahh, I see, thats intersting, thanks for that, will have to wait for a bit longer then.

 

Cheers.

 

Well your there, had a reputation click this morning and I had a list now of 6 that are green, and now have 4 that are black looking. Whats the difference between the black looking ones and the green ones?

 

Tanz

 

If I remember right the green ones are from people who have real rep giving power (ie: alrady have a good rep status)

 

The black ones are people with lower rep status and carry less points.

 

I think it's 6 (but cant be sure) black equal 1 green

 

I just noticed you not far down the road from me

 

I'm concidering a meeting for those close by so we cna have a drink and chat over tactics ahead if your interested.

[TANZARELLI]

Could well be

 

I have managed to get 2 of my mates to send off SAR letters and my one mates brother, so will be helping them out when the time comes. Managed to save me one mate from paying a company to claim his chagres back, just in the nick of time as he'd already contacted them and they had wrtiten asking for him to sign something giving them consent to contact the bank on his behalf. Couldn't see him pay out 25%. He's now signed up as a member on here in the Halifax forum. His bros not registered, but my other mate is in A&L.

 

Cheers for explaining the click thing, was just curious.

 

Tanz

[JULI99]

Well after not hearing a dickie bird from Barclaycard for months I recieved this morning a letter from Moorcroft Debt Recovery saying they want the "debt" repaid in full. I think Moorcroft have actually bought this "debt" from Barclaycard.

 

Given Barclaycard refused to send me statements predating May 2004 and failed to send me a signed copy of the credit agreement am I right in thinking they are in default and as such committed a criminal act.

 

Is this letter ok to send to Moorcroft and I am not wrong in thinking this debt is unenforceable?

 

Dear Sir/Madam,

 

Barclaycard have failed to supply me with a copy of the original signed credit agreement for the alleged "debt" you are trying to enforce. This request was sent on 7/09/2006 together with the statutory fee of £1.00.

 

I have given Barclaycard more than enough time to supply the original signed agreement and they have now exceeded the allowed time limit. By not supplying the documentation within the prescribed period of time Barclaycard have committed a criminal act under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974.

 

Barclaycard were obliged to supply these documents, under section 189 of the CCA 1974.

 

I do not acknowledge any debt to Moorcroft Debt Recovery Ltd or Barclaycard..

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

I will therefore not be making payments against this "debt" as it is unenforceable. I now consider the matter closed and no further correspondence regarding payment will be entered into. On 28th February 2007 you sent me a letter demanding payment of this alleged debt, even though Barclaycard are in criminal default.

Trading Standards have been informed over the criminal breach and also the non compliance with the Data Protection Act.

 

Additionally I require the removal of any defaults entered against my name. You have 14 days to comply and confirm in writing or I will apply to my local Sheriff Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours Faithfully,

 

 

Any comments or advice on this matter would be greatfully recieved.

 

juli99

[noomill060]

juli99, I believe next thing you should do is to now send Moorcroft a CCA request, as they are one s hassling you, and let them discover they have bought an unenforceble agreement.

[JULI99]

Nice one:)

[SO100]

In relation to the Microfilm issue, Barclaycard have provided me with Statements back to August 2003 (including Microfilm stored info), they have however told me that they don't have any information before this date. Are they not required by Law to keep this??

[JULI99]

I would have thought so. But if they don't keep any info prior to August 2003 wouldn't that mean they could not come up with the credit agreements of people who took out a Barclaycard before that date. Probably explains why I have not recieved mine.

 

juli99

[noomill060]

and mine.