Barclays agreement which isn't signed by anyone!!!!

[SusieQ33]

Attached should be the Barclays agreement which isn't signed by anyone!!!!

 

Barclays doc1.doc

Edited October 20, 2009 by cerberusalert

[cerberusalert]

I've unapproved the attachment because it contained personal details. I then edited it for you and posted it back as an image url. As it stands it's unenforceable so senf them this;

 

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.**

[SusieQ33]

Hi

I sent the above letter to CSL and received a reply saying that they did not have to provide my signature in the box!!!!. I then made a request under the CPR and received a reply saying that there are no pre-action protocaols relating to debt recovery so they cannot produce any documents under the Civil Procedure Rules. I don't think that they have a signed agreement.. What should I do next?

 

Thanks

[cerberusalert]

What should I do next?

Just wait for their next move for now.

[SusieQ33]

Hi there

I need your help again.

Along time has passed and I thought that this had gone away!!!!!!!

Just had a letter from Moorcroft Debt recovery Ltd ( Pre court division- written in red ) containing a notice of intended litigation before legal proceedings and urging me settle the debt in full or to call them. I don't think so. Am I right in thinking that they cannot pass this debt on? and have you suggestions for a reply to their letter.

 

Thank you

:)

[havinastella]

Hi there

I need your help again.

Along time has passed and I thought that this had gone away!!!!!!!

Just had a letter from Moorcroft Debt recovery Ltd ( Pre court division- written in red ) containing a notice of intended litigation before legal proceedings and urging me settle the debt in full or to call them. I don't think so. Am I right in thinking that they cannot pass this debt on? and have you suggestions for a reply to their letter.

 

Thank you

:)

 

 

Hi Susie,

 

They will do whatever they want.

 

The main thing is, you have signed nothing and there is NOT a thing they can do, except for pass it around

 

Moorcroft are complete pussy cats. Just ignore everything until you get court papers.

 

JOgs

[cerberusalert]

Or you can send Morecrap this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

[SusieQ33]

Hi

Thanks for that. I will get it in the post on Monday

 

Susie:)

[SusieQ33]

Hi there

I have received a reply from Moorcroft Debt Recovery Ltd ( Pre-Court Division ). I had suggested to them that they return the debt to CSL as it was in dispute due to them not sending a signed copy of the agreement, so in their reply Moorcroft have sent a copy of the unsigned aggreement that CSL sent me but this one has had the signing box ommitted and the preferred terms also are missing. The account number is also missing.

I think that this is unacceptable. Can you suggest a reply?

I attach the pages that they have sent me

Many thanks

SusieQ

[cerberusalert]

You could send them the letter in post #2.

[SusieQ33]

Hello

Thanks for your reply. I will get that in the post.

 

Susie:)

[SusieQ33]

Hi there

 

Me again...Long time, no post.

 

I have now had a letter from Midas Legal Services who are the same people as Moorcroft, saying LITIGATION WARNING and encouraging me to call them to arrange payment. I have sent them a letter with a copy to Moorcroft repeating my former requests for a signed copy of my agreement and deed of assignment from Barclays bank. I also suggested they return the debt to CSL who illegally sold it on to them. In reply I got a letter from Moorcroft writing to confirm that they need a monthly sum from me which I can afford !!!!! This was followed by a phone call from Midas and one from Moorcroft both of whom I refused ( politely ) to speak to. They do not seem to be listening to me....probably because they cannot come up with what I have requested.

Any suggestions as to what I can do next?

 

Help please

 

Regards

SusieQ:roll:

[nicklea]

Hello,

 

Don't forget that they don't have to send you anything with your signature on.

 

Also, just because they haven't sent you something with your signature on it doesn't mean that they don't have an enforceable agreement to use when/if they take you to court

[liquidauctions]

Hello,

 

Don't forget that they don't have to send you anything with your signature on.

 

Also, just because they haven't sent you something with your signature on it doesn't mean that they don't have an enforceable agreement to use when/if they take you to court

 

They have to discolse it if you have requested it!

[nicklea]

I'm afraid that you are mistaken on this and there is case law covering both requests under the CCA and DPA. The only way that you can insist that they must show you something with your signature on is if there is a court case and you request it under the CPR.

 

I would suggest that if you wish to delay things further then write to them asking them if they have a signed enforceable agreement mentioning the CPUTR. This may well delay matters. See this thread for some more information:-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?291468-Fighting-back-with-CPUTR-2008....