lpf (barclaycard) reply to cca request

[no_mercy]

hi everyone

 

i sent a request for my ca and recieved a letter stating reference to sectiom 78 of the consumer credit act. (from barclay card)

the information we must provide to under the the terms of section 78 is prescribed by the consumer credit act 1974 and by the consumer credit (cancellation notices and copies documents) regulations 1983. under section 78, we must supply you with a copy of excuted agreement and a statement of account which is practicable to refer.this completes our obligations to you under section 78 of the cunsumer credit act 1974

under was the credit limit,balance of account and minium payment. also it said that current agreement will be sent under a separate cover. then 2 days a recieved another letter this time from lpf with my lpf conditions.

both copies dont have a date of signature from me on the terms and conditions but have they legally replied to the cca request and is this challengable and if so do i continue down the default process? pleas advise

[debt4get]

usual rubbish barclaycard send out... continue down the default process, there are literally 100's of us trying to get a cca out of them if you check the threads, even to the extent of posters saying they will come down to hq and view them there...this still wont make them send the damn things

[no_mercy]

follow on letter from above

 

today i`ve recieved another letter today from lpf with a statement with a summary and breakdown of charges and money being owed, and attached to the letter was a leaflet from the office of fair trading stating arrears and ways to solve it.

please could someone let me know have lpf (barclay card) legally done what they should do by law to respond to my cca request? please advise

[debt4get]

legally yes but b/c know especially from people on this site that they are being obstructive and obtuse in the extreme i would send them an account in dispute letter. and see where they go..normally nowhere they will just continue until they eventually give up...if they were so sure of their position they would have had us all in court years ago

[no_mercy]

legally yes but b/c know especially from people on this site that they are being obstructive and obtuse in the extreme i would send them an account in dispute letter. and see where they go..normally nowhere they will just continue until they eventually give up...if they were so sure of their position they would have had us all in court years ago

 

thanks m8, ive used a template you sent me in another thread and i was wondering if this is suitable to send back to them?

[no_mercy]

Account In Dispute

Ref:

 

Dear Sir or Madam

 

On 25/8/2009 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the 26/8/2009

You have failed to comply with my request, and as such the account entered default on 15/9/2009, Im in reciept of your letter of 28 Aug 2009, the contents of which have been noted.

It would seem that you are of the belief that you have discharged your obligations under the Consumer Credit Act 1974 in particular section 78(1).

You have provided me a copy of an agreement and I feel it is my duty to draw your attention to some serious flaws in your comments.

 

Firstly, to comply with section 61 of the consumer credit act 1974 which by the way refers to the signing of an agreement, a document must conform to regulations made under the provisions of section 60(1) Consumer Credit Act 1974 otherwise it cannot be properly executed

 

Now then, these regulations I refer to are the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553). These regulations set out the form and content of agreements. For an agreement to be compliant with the regulations it MUST embody within the agreement, the prescribed terms laid out in the SI1983/1553 without the prescribed terms the agreement does not conform to section 60(1) 1974 and therefore cannot be properly executed as described in section 61(1) CCA 1974.

 

For your information in case you are unsure. The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following--

(a)Number of repayments;

(b)Amount of repayments;

©Frequency and timing of repayments;

(d)Dates of repayments;

(e)The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

Now nowhere on the agreement that you supplied is there any reference to these terms. I wish to remind you that the absence of these terms will render a document unenforceable in court and I also wish to point out that these terms MUST be contained within the agreement and NOT in a separate document headed terms and conditions or words to that effect

 

 

 

Therefore, you have failed to supply an enforceable document, which is correctly executed as to be so; it must conform to the Regulations under s60 CCA1974

 

I am of the opinion that a court is precluded from enforcing this agreement by s127 (3) CCA1974 as it is improperly executed under s61 CCA 74, the consequences of improper execution are set out in section 65 CCA 1974 and s65 sets out that only a court can enforce an improperly executed agreement subject to certain qualifications, one of those is that the document is signed and contains all the prescribed terms. Now since this document does not contain all the prescribed terms s127 (3) CCA 1974 strictly prevents the court from enforcing this agreement.

Could you also please confirm in writing that in the event of any court action by yourselves this will be the document you intend to present to the court in order to enforce alleged debt.

If you cannot supply me with a document, which complies with the Consumer Credit Act 1974, and ALL of the Regulations made under the Act, I shall be forced to make a complaint to Trading Standards and I will also draw this to the attention of the Office of Fair Trading.

 

I respectfully request you review this matter in light of my comments above and I request that you supply me the required information or alternatively confirm the account is closed and the debt written off with a zero balance.

 

I respectfully request a reply within 14 days of the date of this letter.

Yours faithfully

[debt4get]

yeah that looks absolutely fine

[no_mercy]

update. since sending the letter there has been no reply from lpf. could someone point me in the right direction.

[cerberusalert]

You'll just have to wait foe their next move now, you've disputed the a/c now the balls in their court.