Barclaycard have no CCA - now moorcraft letter

[Thefatman]

Hi all.

 

I have requested my CCA from barclaycard many times and always get fobbed off with the standard replies they seem to be sending everyone. terms and conditions etc.

 

I then tried the CPR 31:16 route as I think smpt posted and have not yet had a reply. Yet this morning I have received a letter from moorcraft DCA for the debt instead. This is the first contact I have had from anyone other than barclays, mercers or caulder.

 

What should I do next ?

 

The FAt MAn

 

Moorcraft letter

Edited June 11, 2009 by Thefatman
incorrect link

[car2403]

Send the DCA a copy of all correspondence already sent to BC.

 

Also send a letter of formal complaint to BC, as they are in breach of the OFT's Debt Collection Guidance by taking formal actions of Defaulting you and sharing your data without a fully compliant CCA.

[Thefatman]

I have fired off a official complaint to BC and made a complaint with the FSA. I am now receiving letters from Moorcroft threatening legal action. So today I have sent them this>

 

Dear sirs

Thank you for your letter dated 23rd June 2009 the comments of which are noted.

Your client seems insistent on the fact that there is a correctly issued signed Consumer Credit Agreement on this account, yet will not provide a copy despite being asked to do so under CPR 31:16.

This only leads me to believe that one does not exist. This leads to a dispute on the account in its entirety.

I have requested this information from Barclaycard numerous times but they seem to believe that they need not comply with UK law.

Until the original signed credit agreement can be produced I am not obliged to offer any payment and you are not permitted to demand any. Any correspondence received will not be replied to but will add to my file for systematic avoidance of the CPR and possible harassment. I have also raised a complaint at this stage with the OFT.

I must also remind you that threatening legal action with no intention of committing to do so is breach of the OFT guidance on debt collection.

[Thefatman]

and complaint here

 

30th June 2009

OFFICIAL COMPLAINT

Dear sirs

I have raised an official complaint with the FSA and am on the verge of filing one with the OFT, however I am at this stage giving you the opportunity to correct the issue yourself.

I have requested numerous times a copy of my signed credit agreement for the above account. To date you have failed to provide the document which has therefore put the account into dispute.

However you have now passed my details on to a Debt Collection Agency, I am sure you are aware that this is a breach of the OFT guidelines on debt collection. Also if no signed CCA can be provided the account is unenforceable. Continued contact can be viewed as harassment, and any adverse data held by Credit Reference Agencies could be seen as deformation of character.

I look forward to your response within the next 14 days.

[slick132]

I think a complaint to the FOS will be more appropriate than the FSA or the OFT.

 

[Thefatman]

Sorry FOS it was meant to be. The complaint was logged over a week ago with teh FOS