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lfcweb

LFCWEB v Barclaycard (Acct opened 1986)

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Guys & Gals, I would very much appreciate some help with this.

 

I have been out of work since April and upto that point I had been paying back my debts to various DCA's (have been in difficulty for a while since loosing my last permanant job in 2005). However, with Barclays I was paying direct as they had agreed to freeze the interest on my credit card account. I was paying it back at an agreed rate per month.

 

I wrote to all my DCA's etc and asked for a 3 month suspension of payments, whilst I look for a job, they all refused and demanded a new financial statement. I sent them all a CCA request so I could get statments / balances of my accounts and see how much I had paid off etc.

 

This is the letter I have had from Barclays and the copy of what they say in the letter is the agreement, to me it looks like terms and conditions, what should (if anything) I do next?

 

 

 

bcard1.jpg

Bcard2.jpg

Bcard3.jpg

Bcard4.jpg

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Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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Many Thanks, that was exactly the help I needed, I have so many of these its getting confusing!

 

Your scales have been tipped.

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I recieved the following reply from Barclaycard a couple of weeks ago but I have been so ill over the last few weeks through all this I have not been able to do anything until now.

 

I would be very grateful if someone more experience could read and advise what I should do now, apparently I need to quote "comprehensive legal and documentary evidence" if I further question Barclaycards compliance with the law (Page 3)!

 

Many Thanks in advance for your help and assistance

 

Barclaycard1.jpg

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Send them this;

 

 

Dear Sir,

 

 

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 correspondence you have 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


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Many Thanks I will get this off to them 1st thing in the morning! Much Appreciated.

 

Lfcweb

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