Barclaycard CCA for wrong address

[skeeks]

Hello everybody

 

Barclaycard have sent me back my CCA request within it's timelimit containing a previous address to the one I was living at the time of application which was in summer 2006.

 

(I did make a declined application from the previous address they've used in late 2004 / early 2005).

 

I've just sent them a letter of dispute - I'm thinking though ought I have got them to confirm in writing that that is correct as far as they're concerned or is it too late now?

 

I'd scan the CCA they sent but scanner is out of action

 

Also if this went to court am I correct in thinking that it's unenforceable or could they simply re-produce it with the correct address? Bit worried.

 

Really appreciate any input please...

[the_shadow]

 

I'd scan the CCA they sent but scanner is out of action

 

Also if this went to court am I correct in thinking that it's unenforceable or could they simply re-produce it with the correct address? Bit worried.

 

Really appreciate any input please...

 

Hmm you would need to show that the application is clearly not the application/agreement (if it contains prescribed terms) for the current card, if there is a pre-printed card number on it like some applications that'll do

 

You could try taking a digital pic of the agreement and posting that up?

 

S.

[skeeks]

Hi

 

I've looked over it again and there is no pre-printed card number on it anywhere or anything tying it to the current card...

 

Will get images uploaded asap to let you judge.

 

S

[the_shadow]

Hi

 

I've looked over it again and there is no pre-printed card number on it anywhere or anything tying it to the current card...

 

Will get images uploaded asap to let you judge.

 

S

 

Ok well the address and the date of application should suffice to show not the correct CCA... might be worth checking your credit file and getting a screen shot of when the account shows as opened.. Barclays have direct edit access to their credit data

 

S.

[skeeks]

Can I ask what is 'direct edit access'?

[the_shadow]

Can I ask what is 'direct edit access'?

 

They can directly edit the information they have previously provided the credit reference agencies about accounts without asking the credit ref agencies to do it. At the very least..... they have that agreement with Experian in place.

 

S.

[skeeks]

OK - is this anything potentially underhand that I need to be concerned about?

[the_shadow]

OK - is this anything potentially underhand that I need to be concerned about?

 

No the whole point of me stating that was just to get a screenshot of when the account was opened to back up your argument that this is not the correct agreement they have sent you.. I was just saying they have edit access and potentially could if they so want change a year on a record to read earlier or later than actually is correct, I'm sure they never would do such a thing tho.

 

S.

[skeeks]

Ahh... thanks for clarifying for me

[skeeks]

With regards to having sent off the dispute letter already what do you think?

[the_shadow]

With regards to having sent off the dispute letter already what do you think?

 

If they havent supplied the correct CCA then yep a account in dispute letter was called for... only difference in your case is you could have put failure to provide "correct" cca if you had wanted.

 

S.

[skeeks]

So what should my next move be apart from checking the credit files? (apologies for all the questions )

 

S

[the_shadow]

So what should my next move be apart from checking the credit files? (apologies for all the questions )

 

S

 

Nothing until they respond to the account in dispute letter.

 

S.

[skeeks]

Thanks - really appreciate your input

 

(It really is like swimming with sharks!)

 

S

[skeeks]

Just to update:

 

Screenshot from credit ref agency confirms that they used wrong address and I've printed this.

 

They since wrote adamant that they have complied under Section 60 of the Consumer Credit Act 1974 stating that any further correspondance sent by me

"Questioning compliance with these areas of law, we are not obliged to respond beyond the statutory response we have already given you. We would require you to provide comprehensive legal and documentary evidence to support your claim to ascertain whether response is necessary."

 

So where do I go from here?

 

Calder Financial have since surfaced who are on the small print at the bottom of their letter Mercers Debt Collectors Ltd trading as Calder Financial... (nicer graphics though )

 

I've done up the breach of Dispute status to Calders - should I send it to them or get into further correspondance with Barclaycard if anybody has any ideas on how best to proceed please.

 

Any input is really appreciated

Skeeks

[skeeks]

Anybody please?

[the_shadow]

Just to update:

 

Screenshot from credit ref agency confirms that they used wrong address and I've printed this.

 

They since wrote adamant that they have complied under Section 60 of the Consumer Credit Act 1974 stating that any further correspondance sent by me

"Questioning compliance with these areas of law, we are not obliged to respond beyond the statutory response we have already given you. We would require you to provide comprehensive legal and documentary evidence to support your claim to ascertain whether response is necessary."

 

So where do I go from here?

 

Calder Financial have since surfaced who are on the small print at the bottom of their letter Mercers Debt Collectors Ltd trading as Calder Financial... (nicer graphics though )

 

I've done up the breach of Dispute status to Calders - should I send it to them or get into further correspondance with Barclaycard if anybody has any ideas on how best to proceed please.

 

Any input is really appreciated

Skeeks

 

You should always write to whoever is chasing...

 

The "bemused why this account has been passed as in dispute with xxxx" should be sent to Calders imo.

 

Yes its clear they are all the same company but why not play along with their little games for a while longer

 

S.

[skeeks]

Thank you Shadow.

[skeeks]

Hi this has unfortunately re-surfaced - since being with Calder it's been passed to another DCA to whom a letter of CCA breach was sent, then onto a firm of Solicitors who didn't produce a CCA on request (returned the CCA fee within days via the DCA). That DCA has since continued in it's collection efforts as recently as last month despite having been warned that they were in breach last year. It's now been passed to Apex Credit Management who've now declared there intent to commence formal proceedings on the client's behalf.

 

Just to clarify how should I proceed - do I CCA these too or go straight to the 'bemused as to why you are contacting me...' account in dispute letter or do I simply spell it out for them that not only is the CCA Barclaycard produced not only completely incorrect but alludes to a declined application for the address they attribute it to?

 

I took the precaution of getting & printing a copy of my credit file which bears out that the CCA thus far supplied is incorrect. Could they use their 'Edit' priviliges with the Credit Ref Agencies to 'correct' their error if I were to point out to them exactly why I continue to dispute this?

 

Altogether confusing but I really do need some help please.

[cerberusalert]

Send Apex the bemused letter too.

[skeeks]

Hi Cerberusalert thanks for the speedy response - just the generic 'Bemused' letter do you mean & not interlace it with any further reason for the continuing dispute?

[cerberusalert]

Yes just the basic, keep your powder dry and don't offer any information as to why you are disputing it.

[skeeks]

Nice turn of phrase will do.

 

 

S

[skeeks]

Hi well they seem to have completely ignored receiving the bemused letter and have instead churned out a letter a week later advising me of 'Home visit agent instructed'

 

Ought I simply resend them a copy of the bemused letter by special delivery or what should my next move be?

 

How likely are they to turn up on the doorstep?

 

Any advice very much appreciated

[cerberusalert]

Send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/590-letter-used-when-a-dca-threatens-a-doorstep-visit-