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HELP! CCA back from Barclaycard - IS THIS UNENFORCEABLE?


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Yes you can claim unfair charges back, also what they've sent is unenforceable not just because it lacks your signature but also because it's totally devoid of anywhere for you to sign.

 

I'd be tempted to send them Scots letter below & see what their response is;

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

Print name do not sign

 

**amend to suit your circumstances.**

Anthrax alert at debt collectors caused by box of doughnuts

 

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As you are now disputing the a/c you can legally withold payment.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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hy

I am in similar position, I will send a cca NCO

they have added no end of interest, even when they were told I am in debt problems and am paying £16 per month to NCO, they also added £400 intrest from april 2009 and took out £699 money from my bank a/c which is saved for rent payment.

what I want is to have the following;

 

1]my rent money back-can I go to FOS/court or other to get this back

 

2]The interest deducted or stopped

 

Ive also had open heart surgery in april 2009 and am still recovering, my partnetr will fight for me, even go to court, but we need to know what acts and what info so that we can proceed, over the last year regular payments off and on of £16 pe rmonth were made, untill a few months ago, when we wanted confirmation that NCO were actualy the legal people to pay the debt to as Barclaycard told us they hadnt known of them and it was RMA and NcO was instructed by them

 

so where do we stand, many thanks

 

It is so daunting and confusing, can anyone give us step by step guidnace and legal acts etc links so we can print off and put together and maybe is anyone willing to help mentor me

many thanks

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