Barclaycard CCA request Enforceable?

[Braveheart12]

Can anyone advise on this CCA?

Barclaycard Conditions_pg1.JPG.doc

Barclaycard Conditions_pg2.doc

Edited March 14, 2009 by Me against them!

[cerberusalert]

All they have send you are the T&Cs so it is unenforceable, send them this back;

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains 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, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

Print name do not sign

 

**amend to suit your circumstances.**

[Braveheart12]

Thanks, I had a bit of trouble with my attachments but I've sorted it out now.

 

I'll send the letter and post up any responses.

[Braveheart12]

Yesterday I recieved a letter from Mercers informing me that they are now acting as agents for barclaycard and that I must pay £**'s. Today they called me at home and asked me to answer some security questions, I refused as I could not be certain who was calling me and I'm not in the habit of giving strangers my personal details. I also informed them that I will only correspond with them and barclaycard in writing, and not to bother calling me again. The lad on the end other end of the phone seemed stuck for words and said, OK! before hanging up!

 

As Barclaycard's CCA is unenforeable should I send Mercers the letter of Account Dispute that starts off "I must admit that I rather bemused as to why this account has been passed to yourselves"?

 

or is there another more appropriate response?

 

Thanks

[cerberusalert]

Dear Sir or Madam,

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***DCA*** and has been since ***Date***

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

 

 

As ***DCA*** is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and 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 ***DCA*** for resolution of these defaults and breaches, as ***DCA*** cannot lawfully pursue any enforcement activities.

 

If ***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.

 

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

 

I would appreciate your due diligence in this matter.

 

Yours faithfully

Print name do not sign

[Braveheart12]

Yes thats the one I was refering to. I've just drafted it up and will post today.

 

Do you know if they have a typical response to this letter?

 

Thanks

[cerberusalert]

You'll either get a letter back saying that they've passed the a/c back to their client or they are putting the a/c on hold for 28 days most probably.

[beachcomber60]

No matter what letter you send them they ignore everthing, I've been in the same situation with them since Nov'08, so far I have four sets of T&C's they say is my cca (no sorry it aint!) and under sar request exactly six years statements & following a complaint loads of pages relating to codes that doesnt mean a thing to me. Complaint made to ICO.

 

So far phone calls since cca request is way over 700 attempts - all blocked, unfortunately the type of phone we have that blocks their calls only gives them a ringing tone, so it doesnt cost them, now I have bought True Call they will get charged everytime they call (8 times a day - everyday) only to be told to 'bog off we will not accept your call'.

 

Send the letters as suggested so you create a paper file, send everything recorded delivery, but DO NOT sign the letters.

 

Beachy

[Braveheart12]

Thanks to you both. Can I send the letter recorded to Mercers at PO Box 55, Liverpool, L32 8XX. Or do I need to delete the PO Box 55 part from the address?

[beachcomber60]

If Mercers have contacted you then I would send letters to both them & barclayshark.

 

I have not heard from mercers yet (this year anyway), as I have just squeezed bc for the 'unlawful' charges on my account, but I have just received a letter stating that mercers will be in contact soon (i'am shakin' in me boots) even tho' bc are refunding charges they have not appeared on my account yet hence the letter I suppose.

[Braveheart12]

I think I'll have to send Mercers a harrassment letter!

 

There calls are becoming more frequent now. I have answered twice and both times I said I will only communicate with them by written correspondance. The first person hung up, but the second tried to tell me that they could only agree to written correspondance if I talk to them on the phone. :?

 

I told them again that this was not an option and that I would report them to the relevant regulators.

Edited April 2, 2009 by Me against them!

[Desperate Daniella]

Hi Me,

 

Mercers are Barclaycard's in-house chasers, and next to them sit the people wearing hats marked Calders. They use all these names to get you to think you are being passed up a chain of outside DCAs and they can threaten to "escalate" your case.

 

Good luck.

 

DD

[Braveheart12]

Just recieved the following letter, I have no intention of taking them up on their offer whilst I am without enforceable CCA and account is in dispute.

 

 

Any opinion on this latest correspondance?

 

Thanks

[beachcomber60]

Just my opinion, but -

 

Me thinks they cant find/haven't got your cca

 

Could be a first of several 'offers'

 

Beachy

[Braveheart12]

Hope your right Beachy.

[beachcomber60]

If I'm not then there's only one other motive - & thats to get you to phone them.

[Braveheart12]

ha...and that won't be happening! Do you I should respond in writing or just wait and see what there next move is....I don't want to write letter just for the sake of it though!

[beachcomber60]

Mmmmm - thats a tough one - if it was me I'd probably wait to see what they send next.

 

Ive been battling them for months and have got fed up sending recorded delivery letters only to be ignored or just getting T&C's back in return, now have six copies.

 

Beachy

[Braveheart12]

Just recieved this from Mercers, it must be a response to my telephone harrassment complaint.

 

 

[Braveheart12]

haven't seen anything like this before....

 

[cerberusalert]

They're getting desperate now for your cash.

[Braveheart12]

my thoughts exactly!

[Braveheart12]

Recieved this after the 48hrs notice had expired!

 

[Braveheart12]

BC just wrote another letter inviting me to pay 75% of my balance for Full Settlement.

 

I'm not going to consider this as they have still not provided me with a CCA.

[cerberusalert]

Send Mercers this;

 

Dear XXX

 

In a direct response to your recent activities / letter, dated xx xxx xxxx, received at this address on xx xxx xxxx. [Delete whichever is not applicable]

 

 

I DO NOT WISH TO RECEIVE ANY REPRESENTATIVE OF YOUR ORGANISATION, OR INDEED AN AGENT OR REPRESENTATIVE EMPLOYED BY ANY ORGANISATION THAT YOU ISSUE INSTRUCTIONS TO.

 

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 FOR DAMAGES FOR A TORT OF TRESSPASS AND ACTION WILL BE TAKEN, INCLUDING BUT NOT LIMITED TO , POLICE ATTENDANCE.

 

 

I also caution you here that should you ignore my request on this point, the actions of your representative(s) will happily be recordedeither by CCTV or by telephone recording equipment – whichever is applicable. Accordingly I reserve the right to use any evidence of you or your representatives’ ignoring this request in connection with any actions that I choose to pursue, including media exposure.

 

Should it be your intention to disregard my wishes, and break your obligations, please be advised that the following rules also apply, as laid down by the OFT in respect of debt collection, and that you, as a holder of a consumer credit license, are obliged to follow:

 

The areas of the OFT guidance which applies to you in this instance are:

 

Debt collection visits

2.12 Examples of unfair practices are:

 

a. not making the purpose of any proposed visit clear, for example, merely stating that collectors or field agents will call is not sufficient

f. visiting or threatening to visit debtors without prior agreement when the debt is deadlocked or disputed

 

Deceptive and/or unfair methods

2.8 Examples of unfair practices are as follows:

 

k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

 

 

I do believe this makes my position clear and unambiguous.

 

 

Yours Faithfully

Print name do not sign