Barclays response to CCA request

[izools]

Helping a friend.

 

Has old Barclays default consisting of Barclayloan and Overdraft, defaulted over six years ago so no longer affecting credit rating but still large outstanding balance.

 

CCA'd DCA (RMA) and they forwarded the request to Barclays.

 

Had a letter from Barclays today saying "We are unable to proceed with the request as the sort code and account number are invalid, please provide correct" blah blah blah

 

RMA just wrote an account number and sort code on the CCA request we sent them and forwarded it to Barclays.

 

What do you think is the best way forward?

 

It seems to me that RMA bought the debt from barclays a few years ago but messed up by sending the request to Barlclays when they should have sent a deed of assignment and their copy of the original credit agreement?

 

Any letter templates? I don't think the generic one applies in this instance, does it?

[dx100uk]

has there been any financial transactions on either in the last six years?

try ing to understand your default comment

 

dx

[izools]

There have, yes.

 

The account defaulted in Jan 2003. Has been paying bits & pieces on and off since. Not a lot.

 

Here's the first letter we sent:

 

 

To whom it may concern:

 

I write today regarding recent conversations with your company.

 

It has been alleged by your company that I owe Barclays a sum of money, and I have been making payments that I can afford to on an irregular basis for the past few years.

 

Your company claims that I have had, and broken 16 agreements over the past few years. I do not recall ever agreeing to may a set payment on a set day of the month, every month. All I have ever done, and agreed to do, is to pay what I can afford to, when I can afford to.

 

As my income is variable it is impossible for me to ascertain a specific monthly figure that I can afford to pay each month without fail unless I consider the worse case scenario.

 

I have tried to explain this to your colleagues on multiple separate occasions only to be met with patronising threats and connotations to your company taking actions against me.

 

I spoke to your colleague last week to advise that I would be making a payment mid month. I also requested your bank details so that I could set up a standing order, to appease your whim to receive money on the same day of the month every month, despite this being a great inconvenience to me.

 

As usual, when I explained the situation, your colleague made suggestions that they would only accept a full and final payment, that they are not there to deal with accounts as old as mine etc., paying no attention whatsoever to my explanation or offer of payment.

 

Due to the continued ignorance of your company and colleagues, I hereby rescind permission for you to contact me by telephone and the owner of the telephone line rescinds permission for you to contact me on his telephone number (xxxxx xxxxxx). Further correspondence and communication must be in written form.

 

 

Furthermore, due to the fact that I never recall even taking out a debt of the size you allege it to be with Barclays Bank in the first instance, I am making a formal request pursuant to s.77/78 of the Consumer Credit Act 1974, to establish the size of the original loan if it in fact even existed as you claim it to have and establish a more accurate picture of whether or not you or I have any legal right to enforce payment out of the other in relation to any alleged debt.

 

I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the Consumer Credit Act 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you content that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b), 6, and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee for dealing with this request. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

Finally I would like to bring your attention to the enclosed income and expenditure document confirming my reasoning for being unable to stick to paying you £50 every calendar month, at the beginning of every month, without fail. I am dealing with a defaulted mortgage from Abbey National, which due to it's value, takes a much greater share of my disposable income.

 

Until the issue relating to the enforceability and alleged value of this debt has been conclusively resolved please expect to receive £xx.xx per calendar month, as suggested by the nationally recognised and approved income and expenditure document enclosed.

 

Payments will begin on the 1st October 2009 and every month thereafter until the either the balance has been paid or the debt has been shown to be non-existent / unenforceable, whichever occurs first.

 

Further harassment from your company and / or its employees will be considered a violation of consumer protection laws, the administration of justice act, the telecommunications act, and any other act governing the action you may take, and will be met with full force as permitted by the law.

 

In response to the letter from Barclays I've sent this one to RMA:

 

ACCOUNT IN DISPUTE

 

RE: S.77 Request under Consumer Credit Act 1974, dated 8th September 2009.

 

To whom it may concern:

 

I write following my letter dated 25th September 2009. I have received information from Barclays Bank.

 

Your initial request to Barclays Bank PLC did not include their reference (account and sort code) number and as such they were unable to deal with the request you forwarded.

 

Your subsequent request to Barclays Bank PLC, wherein you quoted sort code xxxx and account number xxxxxx was replied to with Barclays Bank PLC advising that the account number and sort code are invalid.

 

I have liaised with Barclays Bank PLC and they have advised me that the account number and sort code are in fact valid, and that their Complex Loan Servicing Team made a mistake. They also advised that they no longer hold a copy of the Default Notice, Credit Agreement, or any related documentation for example PPI or other loan insurance or protection documents.

 

I am writing to Barclays Bank PLC again to establish the exact nature of the situation in writing, as it stands no documentation has been provided to me confirming enforceability of this alleged debt and as such this account remains unenforceable at law and any measures taken by you to enforce the debt will be taken as unlawful and vexatious.

 

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.

 

It may be advisable to pass this account back to Barclays Bank PLC in this instance whilst the dispute remains outstanding and unresolved.

 

And this one to Barclays:

 

 

ACCOUNT IN DISPUTE

 

RE: S.77 Request under Consumer Credit Act 1974, dated 8th September 2009.

 

To whom it may concern:

 

I write following my letter dated 8thth September 2009. You were forwarded a request from one of your third party debt collection agencies (RMA / NCO Europe) to provide me with a signed, true, certified copy of the original credit agreement, default notice, and any other related documentation for example PPI certificate or other insurance documentation that may be related to the alleged debt.

 

You wrote to me on the 25th September 2009 stating that the account number and sort code (as per the head of this letter) RMA provided to you to assist your dealing with this request, were invalid.

 

I have since contacted your company, on 0844 811 4486. I spoke with Xxxxx on the Recoveries / DCA team. This phone call was made at around xxxxx on 29th September 2009. Wendy confirmed that the account number and sort code were in fact valid and that your system found reference to an account in my name when she entered the details.

 

As such it seems clear that your letter dated 25th September 2009, wherein you stated the account number and sort code were invalid, is in fact incorrect.

 

My request remains outstanding and until you are able to provide me with a signed, true, certified copy of the original Credit Agreement, Default Notice, and any other accompanying documentation, and the documentation has been confirmed as legally bona fide, the alleged debt remains unenforceable at law. Your being in default of my lawful request remains.

 

Any action taken by you or your subsidiaries or debt collection agencies working under your instruction or on your behalf, whilst the default continues, will be taken as unlawful and vexatious.

 

You are reminded that Section 77(6) of the Consumer Credit Act 1974 states:

 

If the creditor fails to comply with Subsection(1)

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

 

I have suggested that RMA (NCO Europe) pass this account back to you whilst the dispute remains outstanding and unresolved.

 

 

 

Is this all OK? Doing the right thing? Hints & Tips appreciated!!