Monument Card - No CCA but Rapid Reply Card!! Claiming to be...scotland

[beetle1234]

Hi all....I have just embarked on my personal crusade to ascertain exactly how many of my remaining credit card agreements are enforceable or not.The first to return me info following request is Monument who have sent me a silly Rapid Reply Card that(although signed) resembles nothing like a properly executed cca ! I now want to send them an "account in dispute" letter advising the info sent is crap and send me a proper one...I suspect this is all they have but need to get more serious before telling them to bogoff for good !

Anyway I have seen on the forum a letter like this but now cannot find it....can anyone send me a link please ? I will keep all updated on progress of this one.Cheers

[IdaInFife]

this one:

 

Dear Sirs,

Account no xxxxxxxxxxxxxx

 

Re: my request under the Consumer Credit Act 1974

This account is in Dispute .

On xx/xx/2007 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

2.6 Examples of unfair practices are as follows:

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

Since the agreement is unenforceable and the default notice is non compliant, it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

I respectfully request a response to this letter in 14 days

 

I trust this out lines the situation

 

Ida x

[beetle1234]

Thank you Ida...you are a star !

[rebel11]

Ida

 

I sent a SAR to Barclaycard Goldfish, they didn't send a copy of my CCA, I chased it up, they stated the following 'Unfortunately, we are not able to provide a copy of your Barclaycard Goldfish application form'.

Is there a letter similar to the one above that I can send?

[IdaInFife]

no not through a sar,

 

you would need to send a cca request, then if they fail, you can put the account into dispiute

[rebel11]

Hi Ida

 

I sent the following:-

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 21/10/09. The disclosure of personal data is incomplete in that at least the following documents are missing.

 

1) You have failed to provide a True Copy of the Consumer Credit Agreement.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

 

They sent an application form for Barclaycard Account and

for the Barclaycard/Goldfish they say they haven't got an application form.

[IdaInFife]

an sar won't put it into dispute

 

they have said they don't have it so cannot supply it.

 

are you up here?

[rebel11]

Yes,

 

I'm just about to send a CCA s78 request for both accounts, with £1.

[rebel11]

I offered to settle both accounts:-

 

Dear Sir or Madam

I write with reference to the alleged debt which you are claiming on the above accounts.

For the following reasons I can confirm that only a partial payment is due on the balance of the above accounts, the remaining amount is made up of unfair charges:-

1) Goldfish/Barclaycard sent me Credit Card Cheques which were unsolicited and have been banned by the UK government.

2) Goldfish/Barclaycard do not hold any valid or true copies of Consumer Credit Agreements which are legally enforceable.

3) I now understand that the regime of fees which Goldfish/Barclaycard have been applying to my accounts in relation to late fees and over limit charges, are unlawful at Common Law, Statute and recent Consumer regulations.

I will pay £0,000 and I want to offer this an ex-gratia payment in full and final settlement of the account.

This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this alleged debt in any way whatsoever and that I will be released from any liability.

I also request that, if accepted, you will make an entry on a credit reference agency file relating to the above account as "satisfied" in full.

Payment can be made within 2 weeks of receiving your written agreement of this offer and method of payment.

I look forward to receiving your reply.

 

I got this for one of the accounts, the one where they have sent me a copy of a Barclaycard application form:-

 

Reference: SECTION 78 of the Consumer Credit Act 1974

 

I write further to your letter requesting a copy of your executed agreement for the above account.

 

The information we must provide to you under the terms of Section 78 is prescribed by the Consumer

Credit Act 1974 and by the Consumer Credit

(Cancellation Notices and Copies of Documents)

Regulations 1983. Under Section 78, we must

supply you with a copy of your executed agreement and a statement of account which

is practicable to refer.

. The current credit limit on your account is

. The current balance on your account today is

. The next minimum payment of £ is due on

 

Please note, a copy of your current Barclaycard Credit Agreement will be sent under separate Cover.

 

You will be receiving your next statement shortly which will provide you with full details of your account.

 

With refernce to the Civil Procedure Rules (the "CPR"). We have provided you with sufficient information to allow you to understand our position. The CPR does not confer an automatic entitlement to documents before proceedings start. CPR 31.16 provides that a party may apply to the court for pre-action disclosure in certain limited circumstances, which do not apply here.

The application must be supported by evidence - and the usual order is for the applicant to pay the costs of the application, including the respondent's costs, together with the respondent's costs of complying with any order that is made as a result (CPR 48.1 (2)).

 

While there is no formal obligation on our part to provide documentation in answer to Validation of Debt correspondence, we have undertaken steps to provide you with the contractual terms under which your financial obligations arise and a statement of account.

 

I am fully satisfied that the sum outstanding by you remains legally due and payable. You should continue to repay the outstanding balance owed on your account in accordance with the outstanding balance owed on your account in accordance with the terms of your credit agreement. If you do not, we may register a default against you with credit reference agencies, although we will formally notify you before doing so.

 

This completes our obligation to you under Section 78 of the Consumer Credit Agreement 1974,

 

Yours sincerely,

 

 

Barclaycard Customer Service.

 

 

Not sure what thats about.

[jamanji]

Hi all, ive had the same problem with goldfish, they sent me terms and conditions instead of a cca, do i pay them anything when i send in a account in dispute letter or is the law on my side to send them nill ?