Barclaycard missing credit agreement??

[otisan]

I wrote to Barclaycard in the beginning of September 08 requesting a copy of a signed credit agreement.

I continued with my payments for the 12 + 30 days and, when there was no reply I missed a payment.

i then started getting these phone calls from Barclaycard where the staff were shouting at me down the phone and hanging up on me and all sorts. So I stopped my payments as they had not produced what I had asked for.

 

Now, Mercers Debt collections are phoning me about 4 times a day and sending texts to my mobile.

Barclaycard has since then, sent me a copy of their Terms & Conditions in February with a letter saying they are responding to my request. I wrote back and said that was not what I had asked for and last week I got a copy of a Credit Agreement, although it was not mine, it was just a print out of A credit agreement without a signature.

 

Now, yesterday, I got a letter from Mercers saying they were going to start legal proceedings against me. I have read a few posts on here and understand the account is now unenforceable unless Barclaycard takes court action. Is that what the legal proceedings are??

[42man]

Send this to Mercers recorded...edit to suit...

 

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that 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 2007.

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, *Subject Access request and have also breached *s10 Data Protection Act request , 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, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now 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.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

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

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

 

 

How old is the card agreement ?

 

Send Barclaycard this recorded -

 

Thank you for your response to my request under the Consumer Credit Act section 78.

 

I am pleased to see that you confirm this as a true copy of the original agreement executed by yourselves on the XXXXX.

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any signature means that a court would be prevented from enforcing it under s127(3)"

You had until (date here) to provide me with the true copy I requested. After that date you entered into default of my request and I am therefore advising that the matter is now in dispute . Whilst the matter 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.

 

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.

Type your name don't sign...

[mashmallow]

Hi 42 Man,

 

Just saw your reply, I have a similar issue with Barclaycard, formerly Goldfish, formerly cabot and finally morgan stanley. I spoke to Barclaycard little while ago and asked since when theyy took over from Goldfish, the woman said October last year. No tract of this notificication and no credit agreement signed either for Cabot, goldfish or barclaycard, can I ask for my credit agreement if there is one and if there is not one I guess I can smile? what do you think.

 

 

Mashmallow

[42man]

It would be good if you could start your own thread please MM.....

[slick132]

There are 3 threads on the same topic which makes it hard for us to advise usefully.

 

Please stick to this thread here - http://www.consumeractiongroup.co.uk/forum/legal-issues/189046-court-next-step-can.html

 

No more posts on this thread please.

Edited March 13, 2009 by slick132