Barclaycard, formerly Goldfish finally morgan stanley- no agreement

[mashmallow]

Posted this on wrong thread, sorry to 42 man.

 

 

I have a similar issue to someone else on this forum 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.

 

 

Any one can help please.

 

[cerberusalert]

Yes request a CCA, if they can't provide one or if it's unenforceable you'll be laughing.

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. (Optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

 

(Print do not sign signature)

[mashmallow]

you are a star - thanks

 

Mash

[mashmallow]

I sent a SAR for Cabot for my partner and they sent a letter back said the original credit agreement or statements may not be held on file by themselves and he may have to apply to Goldfish who had taken over from Morgan Stanley. What do we do now send one to Goldfish and on to Morgan Stanley and pay another £20? or do we insist they supplu the original agreement?

 

Please can someone advise.

 

Many thanks

 

Mashmallow

[diamondgirl]

When did you send the letter off as you have given them 40 days to supply the information required then if they don't supply the information you can send the account in dispute letter to them.

I wouldn't spend any more money sending a SAR to anyone else.

I'm sure someone with more knowledge than I have will advise you soon.

I'm still only learning but have learnt an awful lot from the members without whose help I wouldn't have got as far as I have with the DCAs.

I'm subscribed to your thread so I should be able to learn more from the members with greater knowledge than I.

DG:)

[cerberusalert]

The SAR should have been sent to the original creditor, Cabot won't hold any information about the account other than what has occured between you & them. When he said he might have to contact Goldfish did he say he actually would?

 

If it's the CCA you want you might as well just send the CCA request with a £1 postal order.

[mashmallow]

Thanks once again for having time to reply to me diamondgirl and cerberusalert, I guess if i send one now to Goldfish, I mean a CCA they would probably say the same that they took over from Morgan Stanley so shall I just send Morgan Stanley a CCA as you suggested and tell Cabot that the account is on hold?? This is confusing, I would have thought Cabot would have all the information (mind you they are a DCA) acting on behalf of Goldfish who took over from MS and the story goes?? your views would be greatly appreciate.

 

Many thanks

 

 

Mashmallow

[diamondgirl]

I would have thought that Goldfish having taken over from MS should have had a copy of the said CCA. If none of them have got one then I don't know. It is after all up to them to prove you owe anything.

As cerberusalert said send them the CCA letter with the £1 PO and see what turns up. They have 12 + 2 days to respond, if you don't get it by then you can send the account in dispute letter.

Dont use your usual signature on the letter if you do put some lines through it or crosses, just usual your initials or print your name (digital enhancement and all that). Never speak to them on the phone they will just try to pressurise you into paying.

DG

[mashmallow]

Thanks DG for your kind help I will send one off to Goldfish and give them 14 days if they don't send one then I guess I will write to Cabot telling them the account is in dispute. Thanks to both of you.

 

Regards,

 

MM

[cerberusalert]

Send the CCA to Cabot it is their responsibilty under s.175 & s.189 of the CCA 1974 to provide you with a copy of the agreement.

[mashmallow]

Thanks again Cerberusalert

 

 

regards

 

MM

[creditcardmug]

Send the CCA to Cabot it is their responsibilty under s.175 & s.189 of the CCA 1974 to provide you with a copy of the agreement.

 

??

[creditcardmug]

You should send a CCA request to cabot, enclosing a £1 PO.

 

If you also want to do a SAR, you should send it to MSDW enclosing £10 PO.

[cerberusalert]

??

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

[creditcardmug]

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Ok thanks

[mashmallow]

Thanks to Cerber and creditcard,

 

I will send the letter off your right if they can buy the debt they can supply the agreement.

 

They think we are all fools.

 

Cheers

 

 

Mashmallow

[mashmallow]

Got tweo letters from Cabot asking for payment despite sending SAR? what do I send them now please.

 

 

Mashmallow:???:

[cerberusalert]

If you sent the CCA request ignore them for now, when the 12+2 days are up & they still haven't suppied your CCA request send them this;

 

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**.(12+2 days after you sent the CCA request)

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, 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 21 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 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,

 

Print name do not sign

[mashmallow]

Cerberusalert,

 

Thanks for this once again, I actually sent them an SAR I guess this would applie as the same?

 

 

I will send it recorded delivery.

 

Best Regards,

 

 

Mashmallow:)

[charlie*]

Cabot again, huh?

 

I stopped hearing from Goldfish a long time ago, then I started

to receive the odd letter from Cabot... I wrote and told them

to bugger off because this was in dispute. This was over a year

ago. Since then, I get the occasional courtesy letter saying that

they have asked Goldfish for the info I asked for and they are

still waiting....

 

I think they will have a long wait.... send the £1 and request

the agreement... that will place the whole thing in default.

[mashmallow]

Charlie,

 

I sent an SAR to them 27th April which they replied 1st May stating they would be compiling a full file on all the data which should be received in 40 days, then they go on to say original credit agreement or statement may not be held on file by Cabot and that we contant the original lender. Then on the. Then on the 8th May two letters same date your payment plan has failed - it is vital you contact us? I should really ignore them I really fell like ring them and screaming down the phone but I will only stress myself. These people are really sick in the head.

 

Thanks for your reply. I have another letter I am firing off that Cerberusalert advised and will keep posted.

 

Regards,

 

Mashmallow;-)

[charlie*]

I don't see how Cabot can possibly fulfil an SAR, do you cerberus??

 

My own thoughts are that you could let this one flow smoothly

over the top of your head without you seeing it go - time after

time after time -

 

S'not easy, but just keep cool.

 

charlie*

[mashmallow]

Hi,

 

The SAR I sent on the 27th April 2009 I have had no response as yet how many days do I leave it and what do I send them next? Please can someone advise me.

 

Thanks

 

Mashmallow

[cerberusalert]

They have 40 calender days from receipt of your request to provide it.

[mashmallow]

Just a quick question guys, had a credit card with Morgan Stanley, which then changed to Goldfish and now Barclays. This account is in dispute because they have not sent the CCA can I still claim back the payment protection even though there may have been a claim made sometime back when my partner was off sick, not sure? Please can anyone let me know.

 

Thanks

 

Mashmallow