Minnimes -v Barclaycard

[minnimes]

hi, i sent a cca request off to barclays which they got on the 19th nov, today i got this letter. i have rang them, wrong thing to do or not? as it states my agreement is enclosed but i cant seem to be able to see it on their letter. i have told them that i was requesting my agreement with my sig on, the woman said oh so you want your application, i said i sent you a cca so i want what ever is relevant to make it legal. she said what they have sent me is their legal requirement, what do i from here?

 

http://i374.photobucket.com/albums/oo190/minnimes/img020-1.jpg

 

http://i374.photobucket.com/albums/oo190/minnimes/img021.jpg

 

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[postggj]

Is That It

 

No

They Have Not Complied With Your Request

Where Is The Agreement You Signed

 

Account Still In Dispute Me Thinks

 

Its Your Luck Day

They Dont Seem To Have Your Agreement

[PGH7447]

well you have got a nice new set of T+C's and not much else

 

send an account in dispute letter to them

[minnimes]

is there a template letter to send them? im not very good at letter writing,

if they dont have it i'll be made up, this is my biggest debt. i owe close to £10 0000 after all their charges ! will a court enforce it because i owe so much?

[PGH7447]

Send by recorded....and edit as required

 

Account In Dispute

 

Ref:

 

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.

 

This limit has 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.

 

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

__________________

 

[minnimes]

thank you,

the woman said by law they dont need a sig? i know thats not true are they allowed to lie like that.

[postggj]

The Banks Are Allowed To Send You A Reconstructed Agreement To Comply With The Cca

 

But To Enforce The Agreement, They Need The Original

 

Its Smoke And Mirrors Again

[minnimes]

so do i carry on with-holding payment?

[pompeyfaith]

yes u sure do as they have not complied with your request get that letter above sent off that PGH posted oh and i would send it recorded

[minnimes]

all printed an ready to go will post tomoro, this is going to get nasty i can tell, there not going to just let £10 000 go. thanks again guys will keep you posted.

[PGH7447]

you mentioned charges, have you started to claim them back?

[minnimes]

no i haven't , do i still claim them back if im trying to get the debt unenforceable, or do i need to send a sar and find out what they are? sorry im still new to all this and im not sure how it works. thanks

[slick132]

Hi Minnimes,

 

I've merged your threads - please stick to the one so your case doesn't get split up.

 

If you don't have the necessary statements for the a/c, apply for them with an SAR. Work on the basis that they may still be able to produce a Credit Agree't, even though they've failed to do this so far.

[minnimes]

hi slick thanks for merging my threads but its 2 accounts, could you split them back up again? thanks.

[slick132]

OMG, sorry about that.

 

Can you please PM me and let me know the post numbers which relate to the smaller thread and the title it should have.

[minnimes]

ok im gettin realy confused now, some one who is tryin to get my debts is telling me tht these terms are an enforcable agreement? n that im gonna get a charging order on my home if i procced with this? help, getting abit scared now/

[minnimes]

thnx slick xx

[slick132]

Hi Minnimes,

 

I've re-split your thread and put the later posts in this new thread in the BC forum. Hope it's OK now.

 

All you've been sent so far are a set of BC T&C's. These DO NOT constitute an enforceable agreement, they could not be used as the basis of a successful Claim against you and WILL NOT result in a Charging Order.

 

Read here about your possible next move to get a copy of your agreement using a different approach - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

[PGH7447]

ok im gettin realy confused now, some one who is tryin to get my debts is telling me tht these terms are an enforcable agreement? n that im gonna get a charging order on my home if i procced with this? help, getting abit scared now/

 

Who? a DCA by any chance

[minnimes]

no ,he works getting debts written off, basicaly what im trying to do myself but he gets paid for it, he wants £400 off me upfront cause we already started our ppi claim with the fos cause he was gonna try n take that, all he's going to do is what im doing right? plus ive decided he has no idea what he's talkin about , he's tried to tell me that they dont need the agreement to make a debt enforcable and that they dont need a sig,no sig no contract right? if i havnt signed i havnt agreed to pay anything back,well thats how i see it anyway. how can he say that a print out of any old agreement with out details can pass as enforcable? if that was the case non of us would be getting anywhere would we?

[PGH7447]

well he would say that so you pay him to tell them that the agreement is missing

 

Tell him to get lost

[chaddyowl]

well he would say that so you pay him to tell them that the agreement is missing

 

Tell him to get lost

 

Think I would use a stronger term than that with a few F's in it!!!:lol:

[minnimes]

lol, im just adding him to the list of screened numbers. why would i want to pay him to do some thing i can do myself? and he seriously thinks that they dont need a signed agreement? dont know how he gets anything written off, from what i can tell though he just gets the work then hands it on to some one else who deals with it and he gets a cut from the reclaimed charges etc. he's a total fool lol,

[slick132]

Hi Minnimes,

 

So why would he want £400 up front.

 

If he's saying the agree't is valid and they'll take your house, what service is this guy offering you.

 

One to steer well clear of IMHO.

 

If this guy is trying to get the debt written off

[minnimes]

£400 upfront then a % of what ever he can claim back including my ppi claim which is for £30001 id rather keep my money lol. oh and he's in the process of getting a lience to run his own firm lol