just started cca request, help

[paulrob2808]

Hi, I have posted else where on here but been advised to start my own thread so here it is, sorry about repeating myself but i thought i should outline what has happeded so far.

 

I sent a cca request and only received the standard T&C back, the account was a Goldfish account going years back but seems to have changed to barclaycard so them sending a barclaycard T&C dose not make sense as i have never signed anything with barclaycard. The original CCA would be a goldfish one and i wonder if they would have it still, the amount of data that would have to be transfered from goldfish would be huge.

 

what i have just done today is sent the following letter to them which i was told would do.

 

 

Further to your letter dated 27 February 2009 In response to my request under the Consumer Credit Act 1974, the document provided is a standard copy of the current Terms and Conditions only. A copy of the executed agreement relating to the alleged account was not forthcoming.

 

However, as I am sure you are aware, this does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.

 

Whilst the account is 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, make any further charges to the account or pass the account to anybody else.

 

I now request that the relevant documentation is provided in relation to the above account. I require a true copy of the executed agreement, the terms and conditions relevant at that time and additionally a statement of account providing a complete breakdown of how the alleged debt was calculated.

 

Please note you may also 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 any credit reference agencies including any defaults. 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 fail to respond within 21 days, I will expect that this means you agree to remove all such data.

 

I shall also be considering further action to recover unlawfully applied interest and charges that have been levied on the “Agreement

 

Yours faithfully,

 

I have also been told to apply for a sar , can someone explain what this is and why i should request it and how i go about doing this.

 

Thanks and i hope someone can help.

 

[slick132]

Hi PR,

 

You're unlikely to get the Agreement back from BC using the CCA request - the T&C's is their answer and, as far as they're concerned, they've complied with your request.

 

Read Link No2 in my signature below about using the CPR route to get your Credit Agreement.

 

If you've had any penalty charges on the a/c in the last 6 years but don't have all your statements, send them a SAR. Then you can set about reclaiming these charges. Read Link No1 in my sig're - Reclaiming Guide.

 

[paulrob2808]

sent the letter off now so will let you know what happened , can i complain to the ombudsman and force them to give it to me.

[slick132]

Which letter have you sent.

 

If you're reclaiming charges, it should not be necessary to involve the FOS as BC will repay your charges.

 

If you are referring to getting sight of your Credit Agreement, the FOS are not involved in this. If BC fail to respond to your CPR request, you take them to court to seek an order for the production of the document.

[paulrob2808]

how do i take them to court, its not like a small claim as there is no money involved just a doc.

[slick132]

Hi PR,

 

You still haven't said which letter you sent.

 

Even though there's no money involved, you take them to court to get an order for production of the credit Agreement. This is explained in the early posts of the CPR thread.

[paulrob2808]

This is the one i sent

 

Further to your letter dated 27 February 2009 In response to my request under the Consumer Credit Act 1974, the document provided is a standard copy of the current Terms and Conditions only. A copy of the executed agreement relating to the alleged account was not forthcoming.

 

However, as I am sure you are aware, this does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.

 

Whilst the account is 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, make any further charges to the account or pass the account to anybody else.

 

I now request that the relevant documentation is provided in relation to the above account. I require a true copy of the executed agreement, the terms and conditions relevant at that time and additionally a statement of account providing a complete breakdown of how the alleged debt was calculated.

 

Please note you may also 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 any credit reference agencies including any defaults. 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 fail to respond within 21 days, I will expect that this means you agree to remove all such data.

 

I shall also be considering further action to recover unlawfully applied interest and charges that have been levied on the “Agreement

 

Yours faithfully,

[slick132]

Hi PR,

 

They won't agree with your view and will continue to harass you re this account. So you need to think ahead and plan your next moves.

 

If you've had any penalty charges on the a/c in the last 6 years, have you got all your statements to list the charges on a Site spreadsheet.

 

If you don't have all the statements, your best move now will be to send BC a SAR. As well as getting you statements for the last 6 years, the SAR will also demand sight of your Credit Agreement.

 

If they fail to provide this as well, you could complain to the Info Commissioners Office.

 

If you're unsure of the Reclaiming process, read Link No1 in my signature below.

 

 

If they fail to provide this, you can complain to the

[paulrob2808]

hi, just an update, i have not had a reply to my last request to BC and i dont know what to do next, the only thing they have sent me is a copy of there standard T&C but they were Barclaycard ones and the original agreement would have been a goldfish one, can someone advise me what i can do next. i was thinking of getting a solicitor to write to them .

[slick132]

Hi PR,

 

i was thinking of getting a solicitor to write to them .

IMHO, that would be a waste of good money.

 

BC are unlikely to respond any differently to a sol'r than they are to you. Your strategy should be to ask the right questions and take the right action.

 

I suggest you look at the CPR approach as already mentioned above.

 

You have not said whether you think there may be charges on the a/c which you can reclaim. Have you sent a SAR or do you have the nec'y statements already to see if you've paid penalty charges.

 

[paulrob2808]

Hi, Thanks for that, there is not any charges involved as i have paid the min amount every month , I have just sent a letter from your link 2 which ,like you said does not use the 1974 act, so i will see if that gets a response. Thanks for your help. PS i dont think i will use a lawyer . lol. do you think i should also start a cpr , i dont really know how to but if i did , what would they have to give me. Paul

[slick132]

Hi PR,

 

See how they respond to your 1st CPR letter, and take it from there.

 

[paulrob2808]

ok , will keep you informed, i have given them 21 days so it a be the end of the month before i know

[paulrob2808]

well, time is up and not a word from them, this is so wrong. how can i make them sebd this. can i write to them and state that i believe the account isd now in dispute and i will not make any payments until i get a copy of my agreement. will i drop myself in it if i do this. I dont think they have it as it was a goldfish card taken out years ago and BC have taken over the account . help please

[slick132]

Hi PR,

 

Time to send 2nd CPR letter as per Pt2537's thread.

 

Also, if you want to stop pay'ts because of their failure to supply the agreement, send a CCA request first.

 

Use Letter N from here with the £1 fee - http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/20758-creditors-dcas-letter-templates.html

 

You can then stop payments after 12 + 2 working days.

[paulrob2808]

Hi, I have already sent a cca request which they replyed by sending me general terms but not a copy of my agreement, i then replyed but had nothing back, i then sent your template letter, all were sent recorded. How do i stand stopping payments. will it affect my credit.

[Fingers60]

Hi Paulrob

 

Yes it will effect your credit file stopping payments certainly short term.

 

You will find even though thye shouldnt, they will register adverse information against you.

 

I am going down PTs CPR route with BC and approaching N244 stage, I have maintained minimum payments on my card because I can afford to (for now anyway), but it depends on your circumstances.

When the account is in dispute they should not ask for payment but they will...I havent read an instance where any card company has played correctly with this respect.

 

I would follow PTs advice with the CPR route, keep all correspondence, send eveyrthing recorded and build up a strong audit trail for later.

 

Hope that helps and good luck.

 

Fingers

[paulrob2808]

cheers for that, i am also paying min payments and i think i will until i know i have a case, i do wonder if they even have the cca because when they took the goldfish accounts over there would have been a lot of data on accounts and i wonder if that why they do not reply, its like sending the BC terms, i never took or signed anything with BC so would that mean i have never agreed to BC terms. should they have writen to me stating they had taken on the goldfish accounts and asked me to agree to a new CCA with BC.

[slick132]

Hi PR,

 

Just because they haven't sent you a credit agreement doesn't mean they don't have one. They are just not sending them out to anyone.

 

Well, not BC a/c's anyway. They have sent out some Monument Agreements - http://www.consumeractiongroup.co.uk/forum/barclaycard/197322-barclays-monument-credit-card.html#post2139887

 

When they took over the Goldfish a/c's they would have written to you confirming this, but there would have been no new agreement for you to sign.

[paulrob2808]

i will send the second letter off as you advised but from what you say i dont hold much luck, i think they know most of us dont have the money and know how to take them to court

[slick132]

On the contrary PaulRob !

 

They are realising that people no longer back down or roll over just because they're a big bank.

 

They vast majority of CAGgers, who took banks to court before the OFT test case, won their claims.

 

The credit cards are repaying penalties, almost on demand.

 

And those who defend claims brought against them regularly win in court.

 

One word of advice though - don't threaten to take the bank to court unless you really intend to. It's not so hard and any costs you incur will normally be reclaimed from the bank.

[paulrob2808]

i did get all my bank charges back from lloyds, natwest . i will keep banging away at them hopefully with the help of yourself and the forum

[paulrob2808]

Hi, here is a copy of the letter recieved along with the BC standard terms. The say they have to give me a copy of my excuted agreement so how can a terms and conditions sheet be an excuted agreement concidering the original agreement would be a goldfish one anyway. should i now send the second letter on link 2 or is there something else i can do. I have sent them the standard with a £1 fee and also the first letter on link 1. It has a second page to the letter saying , This completes our obligation to you under section 78 of the consumer credit act 1974

 

 

 

[slick132]

Hi PR,

 

You'll get no further with them using the CCA request.

 

You should therefore now take the next step of the CPR strategy.

 

[paulrob2808]

is that using the letter in link 2.