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CheekoWeeko

Barclaycard replies to my CCA requests

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Hi everyone,

 

Just wondering could someone look at my attachments and let me know what I should do next. :confused:

 

My first attachment is the CCA request to Barclaycard and their reply, a longwinded letter with terms & conditions from 1998 (the year I took the card out). I didnt think this met my request so I sent them a 2nd letter and they have replied to that (both in 2nd attachment).

 

They state in the 1st letter that my account is now with a recovery team/debt management. It used to be, Robinson Way, but a few months back when I contacted them for my balance they told me that the account had been passed back to B-card. :rolleyes:

 

Any help would be great!

 

K x

1st CCA to B-Card & their reply.pdf

2nd letter to B-Card & their reply.pdf

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I'd be tempted to send them Scots letter below & see what their response is;

 

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.**


Anthrax alert at debt collectors caused by box of doughnuts

 

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Many thanks Cerberusalert

 

Will get that sent off today recorded delivery, see what the come back with! Not much I hope, so they'll accept a low F&F!!

 

Will let you know if I receive anything!

 

(ps its not letting me tip your scales again...... but appreciate your help again)

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Hi again,

 

Sent that letter you put up Cerberusalert and Barclaycard have got back to me. They dont seem to be budging :mad: I've attached their reply received the other day!

 

Anyone any ideas of what I can/should do next.

 

K x

Barclaycard reply (july 09).pdf

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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.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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welcome to the Barclaycard merry go round, if you would like to see advance previews of there next replies to your letter search my user name.

 

stop paying and keeping requesting documents and do everything within your power, or take Cerberusalert and CPR erm, but prepare for court as they will likely ignor all letters regarding that aswell! good luck!

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