Where to go from here

[technoaddicts]

Hi,

 

I have been reading the forum for a few months now and doing a bit self action against my creditors but I am unsure where to go next. I have 3 creditors: Halifax, Barclaycard and MBNA. I sent a SAR to each to determine whether they had a signed agreement and only Halifax appears to have one (not sure if it falls under the unfair agreement due to wording yet but will find time to review it). I have sent other letters to the other 2 creditors based on the fact they have failed to provide an agreement and I have stopped paying them. The letter history sent so far is below:

 

(Sent to all 3 creditors)

 

29 April 2009

Subject Access Request

Dear Sir/Madam

ACCOUNT NUMBER: XXXXXXXXXXXXXX

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998 9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply (Returning the fee for whatever reason will not extend this period). Should you consider your department can not deal with this request it is your duty to pass it on to the relevant department for processing.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

(Sent to Barclaycard & MBNA)

 

16 June 2009

Account In Dispute

Dear Sir/Madam

ACCOUNT NUMBER: xxxxxxxxxxxxxxxxxxxx

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 29 April 2009. The disclosure of personal data is incomplete in that at least the following document is missing.

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

This is not an exhaustive list by any means, it is just an example of 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 document listed above that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

As this request was part of the Subject Access Request allowing 40 days for compliance this has been taken into consideration however both limits have now expired.

As you are no doubt aware section 77(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled , while the default continues, to enforce the agreement.

And

(b) If the default continues for one month he commits an offence.

Therefore this account has become unenforceable at law.

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

 

 

(Sent to Barclaycard after they sent me crappy photocopies of terms)

 

27 June 2009

Account In Dispute

Dear Sir/Madam,

Thank you for your letter: xxxxxxxxxxxxxxxxxxx dated 19 June 2009, in which you supplied two barely legible photocopies of Barclaycard Conditions forms (both of which were unsigned and undated.

I am of course aware of this technique being used in response to a s.77.78 request however as my request to you came in the form of a Subject Access Request accompanied by the set fee of £10 you are bound by law to provide the original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

Therefore the account 4929427545103009 is still in dispute and the time limits imposed in my previous letter dated 16 June 2009 still stand. I have enclosed a further copy of this for your convenience.

Furthermore the account will remain in dispute until such a time as the above is received as I believe that whilst these monies may be due your agreement is unenforceable.

Yours faithfully,

 

 

---------------------------------

I have have not received the writen confirmation as requested. I have so far received no feedback from Barclaycard and nothing only numerous phone calls from MBNA which I don't bother answering any more as I have caller display.

 

I would be gratefull for any advise on where I stand and what to do now.

 

Cheers

Edited August 3, 2009 by technoaddicts
remove font info

[saintly_1]

You might be better sending a CCA request to Barclaycard and MBNA some only send out statements to a SAR request

[technoaddicts]

I had originally planned to send a CCA however reading further into this site the general consenses seemed to be to SAR them even though it cost more to get all the information they have on me including any signed agreement.

[PGH7447]

by sending a cca you then put them on notice that if no agreement recieved within the timescale of 12+2 days the account is in default and as such you are within your rights to stop any payments towards this debt

[technoaddicts]

Ok thanks will send one of those as well.

[technoaddicts]

Bad News (I think). They have sent me a reply to my cca request which includes a signed and dated (23/08/97) "Trade up to MBNA Gold today" form. On the top of the form it has "Credit agreement regulated by the consumer credit act 1974 issued by MBNA International Bank Ltd.". There is also a copy of my agreement which has my name and address printed on it but has no signature box on it other than the cancellation box which is of course empty. I also received another letter from them stating that because I had broken my agreement with them they are demanding the full balance of 9,197.67 by the 19th August 2009. (I stopped the payments because I notified them the account was in dispute).

 

Am i screwed ?

 

P.S. Barclaycards response so far as been to send me a letter stating that I had missed my agreed payment and that they would add interest to the outstanding balance if I did not make the outstanding payments. No CCA supplied yet. When I previously sent them the SAR I got an unreadable photocopy of a credit agreement with no signature.

[saintly_1]

could you perhaps scan the documents (with personal data removed) and post the images up on the thread so they can be looked at ?

[technoaddicts]

OK i have attached the whole letter with the exception of the bank statement.

 

Well 1st 5 pages with this mail will attach the other to next due to upload limit

 

Cheers

[technoaddicts]

next attachments

[technoaddicts]

Hi I have uploaded the requested documents. Have you got any views on my situation as my deadline is approaching fast. Cheers

[technoaddicts]

Hi I started a thread below but it seems to have run dry without a solution. I was asked to upload files which I have but then no answer. Anyone else can help?

 

http://www.consumeractiongroup.co.uk/forum/getting-out-debt/212771-where-go-here.html#post2375662

 

much appreciated.

 

Cheers

[dx100uk]

sorry postage stamp size cant read them all

use photobucket and post the links

 

dx

[Capricorn1601]

Hi

 

You will need to scan you docs and upload to photobucket. It is really the only way for the site team to be able to see what you have been sent.

[saintly_1]

2 threads merged

[technoaddicts]

Sorry didnt realise you file uploader shrunk the images. I have created a photobucket account and uploaded them there:

 

Pictures by technoaddicts - Photobucket

 

Cheers

[Capricorn1601]

This is a difficult one as it is clearly on more than one piece of paper. Unfortunately the two sides with the signature and presuming the following sheet go together, I think it is enforceable.

 

Hopefully someone with more experience will be along soon and be able to give you a definate answer.

 

Just one point about the scans bother me. I am presuming that the sheet with your signature is the first side and the the return address/financial conditions the reverse. What bothers me is I can see text through the sheet which is not from the assumed first sheet. Can you confirm if this is the case.

[technoaddicts]

The paper with the signature on that i have is just a photocopy of some document so there is nothing on the back but I do not have the original so I dont know what was on the back

 

I just scanned them in, in the order they were stappled together.