Barclaycard CCA request Enforceable?

[Braveheart12]

Thanks, great letter. I'll be using that for other DCA's too.

[Braveheart12]

Just received a bright red letter from Calder's, they have stated that I must pay the full outstanding balance within 7 days. Failure to do so could result in legal action or a local debt collector calling at my home.

 

Should I send the "bemused letter" to them? that ceberusalert posted up in #5 and the letter from #25?

[cerberusalert]

Yes send it off.

[diddydicky]

Thanks, great letter. I'll be using that for other DCA's too.

 

here's another one for you to use if you wish

 

Re Your Ref AccountXXXXXXXXXXXXx

 

I am anxious to resolve matters with regard to the above matter. You are not assisting in this respect by harassing me and causing unnecessary stress. .

 

Please stop making telephone calls to me. This includes my home and work landlines and/or my home or work mobile telephone numbers . It is very distressing , harassing and annoying to continually have to get up and monitor the telephone and filter out unwanted calls..

 

I Will not under any circumstances discuss this matter verbally over the telephone or in person.

 

Cognisant of the ever increasing threat of identity fraud and theft of personal financial information and data, it has been our family policy , for quite some time now, in dealing with all our bank , service and other financial providers that we never give personal security information or a part thereof to inbound telephone callers , nor do we discuss financial matters verbally.

 

The above policies also apply to personal uninvited callers to our home and for this reason I would also ask you to note that I would never agree at any time for you, your agents or representatives to call personally at my home nor would I ever discuss this matter with an uninvited personal caller, therefore please do not ask to make any such appointment. or use “threats” of personal calls to my home..

 

In light of the above it therefore follows , given that any further calls by telephone or personal uninvited call from you, your agents or representatives would never “get past” confirmation of identity nor would any “security “ information be disclosed , any further attempts by you to contact me in this way can only be seen (by a right thinking person) as an attempt to continue to cause further harassment and distress.

 

It may be the case that you were unaware of the reasons why I will not accept telephone calls and/or personal callers, however now that you are fully aware of the reasons , if you continue to ignore my request it will be at risk of formal complaints and possible legal proceedings and claims for damages.

 

 

 

 

- 2 -

 

 

It is also our family policy, in respect of dealings with bank , service providers and other financial providers to insist that ALL communications are in writing in order to avoid any dispute as to what may or may not have been said or done and to provide an audit trail of events. This can only be to our mutual benefit.

 

Whilst I appreciate that this is a very formal way of contact it does in fact allow the matter to be dealt with in a more efficient and businesslike manner..

 

I undertake to respond to written communication (excluding letters asking me to call you on the telephone or to make appointments or “threaten” personal calls to my home) normally within 7 days and certainly no longer than 14 days of receipt.

 

As a consequence of the foregoing you may therefore assume that any written communication from you which is not responded to by me within 14 days is likely to have not reached me and you may wish to re send the document- particularly if it is considered to be an important one.

 

May I also remind you that as holders of a licence to operate under the Consumer Credit Act it is your responsibility to be aware of and act within the rules of the CCA and OFT rules and guidelines and it is not for me to have to quote the legislation to you

 

 

I trust I have made my position clear and that we can now try to resolve this matter more amicably and efficiently .

 

 

Yours sincerely

[Braveheart12]

Thanks guys.

[Braveheart12]

Update: I sent Barclaycard an SAR today and I am hoping this will give me a clearer picture of what, if any CCA they have and any illegal charges they've hit me with.

[beachcomber60]

Dont build your hopes up, all you will get is exactly six years worth of statements and nothing else, I've bben battling them for months and have complained to the ICO.

[Braveheart12]

Well thats a start , I'll claim back any unlawfull charges. If they cannot provide a valid CCA I am happy to wait until it becomes stat barred or they commence court proceedings.

 

Maybe I'll go down the CPR route sometime in the future as I become more savvy.

[diddydicky]

Well thats a start , I'll claim back any unlawfull charges. If they cannot provide a valid CCA I am happy to wait until it becomes stat barred or they commence court proceedings.

 

Maybe I'll go down the CPR route sometime in the future as I become more savvy.

 

as BC60 says dont hold your breath- they are not obliged to send you a copy of your agreement

 

all they are obliged to send you is the information contained within it

[Braveheart12]

Just opened a lovely yellow envelope labelled Telemessage.

 

Looks like Mercers and Calders have got sick! Barclaycard have now passed the account to Wescot Credit Services to "Commence activity"

[Braveheart12]

Another Wescot demand for paymnent! Think I should send the the following....

 

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

[Braveheart12]

Update: I recently aksed BC for all my charges back for the last 6 years, which was actually £100 above the current balance on the account. They have responded by saying their charges are fair and in line with their T+Cs. However as a gesture of goodwill they have offer to pay off the amount I allegedly owe them as F+F settlement. Good news....or is it?

 

Should I insist on the full amount to be refunded? and how would I go about getting them to remove details from CRA's???

 

Not sure on how to play this one....any advice would be appreciated....baring in mind they have not provided me with a enforceable CCA!

[Braveheart12]

Any thoughts anyone?

[diddydicky]

Any thoughts anyone?

 

sorry confused, are you saying that THEY are offering to pay YOU the amount outstanding on the account

 

or are they offering to write off the balance?

[Braveheart12]

They have said they will right off the outstanding balance as full and final settlement.

[diddydicky]

dear sirs,

 

with regard to your communication of XXXXXXXX

 

please confirm that you are writing off the balance of the above account in full and final settlement of this and all matters between us and that no part of the written off debt will be assigned or sold to third parties.

 

On confirmation of these terms i will accept your offer

 

 

(you can try and get them to remove adverse info but IMO you will be wasting your time)

 

If however you wish to persue the removal of adverse info then you probably need to respond in a different way

 

 

dick

[Braveheart12]

Ok thanks...do you not think its worth asking again for the full amount I requested which is over £100 more than the current balance?

[diddydicky]

well its a personal decision

 

i would take it as a result myself

 

others may differ

 

you decide!

[Braveheart12]

Yeah....It is good news and it would be one less creditor and set of DCA's to have to deal with!