Crippla 2k vs Barclays Pt2 the graduate loan!!

[crippla2k]

ok £1 postal order and cca request being sent today!!!

 

lets see how round 2 plays out!!!

Edited August 13, 2009 by crippla2k
edited to take out reference to round 1

[slick132]

Hi Crippla,

 

Keep us updated.

 

Don't discuss Round 1 here at all - we'll get confused.

[crippla2k]

ok no response from them been bearly 24 days, does anyone have a template for when they dont send a cca??

 

i couldnt find one on the templates library

[slick132]

Adapt and send this:-

 

Dear Sir/Madam,

FORMAL COMPLAINT A/c no. xxxx xxxx xxxx xxxx

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. 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 you enter into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

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

 

Therefore this account has become unenforceable at law.

 

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.

 

Despite my letter regarding ANY communication from your company, which stated that I require ALL communications in writing, your telephone calls continue.

 

This behaviour constitutes harassment; the letters stated quite clearly to you that I require ALL communications in writing for future use. Do not telephone me again - remove any telephone numbers you hold for me from your systems.

 

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that ALL telephone calls are taped.

 

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, has now been submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

 

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

 

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

 

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[crippla2k]

thanks Slick!!

[crippla2k]

ok still no response from them!! what do I do know??

[slick132]

Nothing - the ball is in their court and they should cease collection activity until they respond to your CCA request.

 

[crippla2k]

Hi guys,

 

finally had a response from them, my scanner is not working right now so will have to describe it to you.

 

They've sent through to me an application form with my names and details but no signature and no date. (Not from me or from them)

 

It looks like someone has filled it in and sent it out to me to be honest. (that was dated 23rd Oct)

 

I had a letter today with an arrears notice.

 

I've already sent them a letter requesting a CCA and they've not supplied me a signed one and they've continued trying to collect monies from me what would my next step be??

 

As soon as I get my scanner sorted i'll put copies up.

 

But what should my next step be?

 

Thanks

 

c2k

[slick132]

Scan the doc't so we can see.

 

Then we can advise on your enxt move.

 

[crippla2k]

ok sorry its traken so long ive finally got my scanner sorted here are the documents.

 

The first ones that arrived are the "CCA" and the statement - the CCA isn't signed and isnt in my handwriting!!!

 

The arrears note arrived after the CCA

 

I'm assuming as the CCA isn't signed it's unenforceable, what do I write back to them?

 

Initial Response

 

http://i641.photobucket.com/albums/uu135/crippla2k/InitialResponse.jpg

 

CCA

 

http://i641.photobucket.com/albums/uu135/crippla2k/ccapt1.jpg

 

http://i641.photobucket.com/albums/uu135/crippla2k/ccapt2.jpg

 

Arrears Notice

 

http://i641.photobucket.com/albums/uu135/crippla2k/arrearsnoticept1.jpg

 

http://i641.photobucket.com/albums/uu135/crippla2k/arrearsnoticept2.jpg

Edited December 16, 2009 by crippla2k
forgot to put links in

[slick132]

Hi Crippla,

 

Without your signature on the loan agreement, I don't see that they have any basis in law to seek enforcement of the loan.

 

It's up to you how to deal with this. Do you want to repay the loan, but at a rate you can afford.

 

They may be willing to discuss a F&F settlement, unless they have a signed copy somewhere.

[crippla2k]

Hi Slick,

 

No I don't want to repay the loan is the short answer, whats the best way to get it cancelled?

 

c2k

[slick132]

Hmm, it may not be as simple as just "getting it cancelled".

 

Write and say the unsigned agreement they have supplied is not enforceable and, if they pursue collection activity, you will report Barclays and/or their DCA to the FOS for clear breach of the OFT Debt Collection Guidelines.

 

Tell them you want the loan written off and any adverse entries against your credit records must be removed.

 

Tell them, if they refuse to write off the balance, they should issue court proceedings which you will defend.

 

If you prefer, you can make an N244 Application to the court to have the matter considered by a judge and seek a ruling that the debt be declared unenforceable.

 

Do you have banking facilities elsewhere as they will not want to continue to run the a/c if it's still being used.

See what comes back