theformerdebtor vs Barclaycard **won** now sold to lowell **NO CCA**

[theformerdebtor]

Hi Slick

 

Thanks for reply

[theformerdebtor]

send carter the failure to comply letter.

 

 

Just came across this one. Some of the paragraphs don't really apply to what I needed it for, I think. I will highlight this later, on my next reply.

 

With many thanks The Librarian who was on it recently.

 

 

 

 

Date:

 

Ref:

 

Dear Sir/Madam

 

Letter Reference *********

Account Reference ********

FORMAL COMPLAINT/ ACCOUNT IN DISPUTE

I am in receipt of your letter **DATED** the contents of which have been noted.

 

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/78. This was signed for as delivered on the **DATE** Enclosed with that request was a postal order/Cheque in the sum of £1.00 which represents the statutory fee.

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 working days after you made the initial request).

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be complied with before you/your client enters into a default situation. This limit has expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

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

 

Therefore this account has become currently unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

 

I look forward to hearing from you. This should be in writing, I have no wish to correspond by telephone.

 

Yours faithfully

 

PRINT OR SIGN YOUR NAME DIGITALLY

[theformerdebtor]

As DX advised me, I intend to send the above letter to Carters. Some paragraphs might not apply to this situation.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/78. This was signed for as delivered on the **DATE** Enclosed with that request was a postal order/Cheque in the sum of £1.00 which represents the statutory fee.

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 working days after you made the initial request).

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be complied with before you/your client enters into a default situation. This limit has expired.

 

They responded to my letter within the time limit and returned the postal order as well. Not to mention the account was already in default with the original creditor.

Any thoughts will be appreciated.

 

Thanks

TFD

[dx100uk]

leave it as is.

 

let cater split hairs

 

dx

[theformerdebtor]

leave it as is.

 

let cater split hairs

 

dx

 

hi DX

 

Good point.

 

Thanks

TFD

[theformerdebtor]

Morning all

 

BC just replied to my penalty charges letter and the spread sheet.

 

 

dear mr....

 

About the charges to your account.

Thanks you for contacting us about the charges to your account. I am sorry you feel the charges incurred are unfair.

 

I have looked into your complaint carefully and have to inform you that any charges incurred were made correctly and in accordance with our terms and conditions that customers agree to when they take out one of our credit cards. On this basis I must inform you that I cannot uphold your complaint.

 

About our charges

We are satisfied that our charges of £12 are in line with our actual and estimated costs which are incurred and comply with relevant legislation and guidance.

 

To ensure that customers are aware of these charges and the circumstances under which they are made, we also give full details of them on the back of your monthly statement.

We have a legal duty to report accurate information to the credit reference agencies, so I'm afraid we cannot change your records. This has been redirected to a separate department who will explain in more detail.

 

Your options

I appreciate that this may not be the decision that you were hoping for and must advise you that we cannot uphold your concerns. If anything is unclear or you are unhappy with the way we have handled your concerns, or if you have any additional information or evidence that wasn't originally provided as part of your complaint please write to us or call us on 08000....... and we will do all we can to answer your questions.

Please take this letter as our final response to your complaint. You have the right to refer your complaint to the FOS. If you want to do this, you must refer you complaint within six months of the date of this letter. You'll find more information, and their contact details, in the leaflet I've enclosed.

 

 

Your sincerely

a name

head of complaint operations

[theformerdebtor]

About our charges

We are satisfied that our charges of £12 are in line with our actual and estimated costs which are incurred and comply with relevant legislation and guidance.

 

There were charges of £20 as well. Nothing about it in the letter.

[slick132]

As per post #89, you can now send BC the LBA if not done already.

 

Same letter as before but with "Letter Before Action" as the heading.

 

[dx100uk]

off to court then

 

follow shelleys thread

[theformerdebtor]

Cheers guys

 

On the way.

[theformerdebtor]

carter knows full well he needs the CCA

 

as lowells own the debt? [check your cra file]

 

the CCa request should have been put on the next desk

for lowells to action not Barclaycard

 

send it to lowells

send carter the failure to comply letter.

 

 

 

Thanks for all replies DX

Letter on the way to lowells.

Gotta wait for 12+2 days and then I will send the failure to comply letter.

[theformerdebtor]

As per post #89, you can now send BC the LBA if not done already.

 

Same letter as before but with "Letter Before Action" as the heading.

 

 

 

 

We leave the same figures as the previous letter or recalculate restitutionary interest I require to be repaid?

 

thanks

TFD

[slick132]

Open the spready and it'll recalc to show the up to date figure.

 

Amend the figure in the letter to the later int't update.

 

[theformerdebtor]

off to court then

 

follow shelleys thread

 

 

 

Hi DX

I searched about shelleys, but found lots. Do you have a link to that thread please?

 

 

Thanks

TFD

[theformerdebtor]

Open the spready and it'll recalc to show the up to date figure.

 

Amend the figure in the letter to the later int't update.

 

 

 

 

Hi Slick

Shall I send the spready as well? Or just the letter?

 

Thanks

TFD

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes

[theformerdebtor]

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes

 

 

 

Hi DX

 

Thanks

TFD

[slick132]

Hi TFD,

 

Letter looked fine and let us know what happens.

 

[theformerdebtor]

Hi Slick

 

I sent preliminary letter with the spready and BC replied with the letter I posted in #120.

 

I know that I need to send the same letter but headed "Letter before action" and amend the figures up to date.

 

My question is that, do I need to send the spready again with the second letter?

 

Thanks

TFD

[slick132]

Send the letter with the updated spready, so they can see how the new interest figure is made up.

 

[theformerdebtor]

Send the letter with the updated spready, so they can see how the new interest figure is made up.

 

 

 

Hi Slick

 

Thanks

TFD

 

printing.....................

[theformerdebtor]

U P D A T E

 

Hello everybody

 

 

carter knows full well he needs the CCA

 

as lowells own the debt? [check your cra file]

 

the CCa request should have been put on the next desk

for lowells to action not Barclaycard

 

send it to lowells

send carter the failure to comply letter.

 

Bellow are the replies to my letters.......

 

1st. Lowells

 

Dear Mr.......

 

We have requested a copy of your credit agreement. We have asked your original lender for a copy.

We will reply as soon as we can. We will do our best to send you the information you asked for within 12 working days, but this does depend on when your original lender can send it. We will let you know if we do not hear from them in time. We're here to help. In the meantime if you have any questions we'll be pleased to help you. Please do phone us on..........

 

Your sincerely

bla, bla, bla.....

 

 

 

2nd. Carters

 

Dear Mr.....

 

We write further to our letter dated xx/xx/xxxx the content of which has been noted.

 

We refer to our letter dated xx/xx/xxxx and reiterate its content. If you require docs. pursuant to s77-79 of CCA 1974 you must request this direct from our client at the below address with the statutory fee of £1 and your payment was returned to you. We confirm your letter dated xx/xx/xxxx was refered to our client and we will revert to you due in course. Your acc has been placed on hold in the meantime.

 

Your sincerely

Brian Carter

[slick132]

See if anyone can send you a copy of the credit agreement.

 

Also wait and see how BC respond to your LBA re the penalty charges on the a/c.

 

[theformerdebtor]

Hi Slick

 

Thanks for the reply

 

See if anyone can send you a copy of the credit agreement.

 

 

I know what they will send. It will be an Application Form.

 

 

Also wait and see how BC respond to your lbaicon re the penalty charges on the a/c.

 

 

This is their answer.

 

Dear Mr......

 

About your complaint.

I write further to you letter dated xx/xx/xxxx.

I see from out records that you have received our Final Response and that this clearly stated the Bank's position. Whilst I am sorry that you remain dissatisfied, I have looked into your case and I'm afraid our position remain the same. We are satisfied that our charge of £12 are in line with our actual and estimated costs which are incurred and comply with relevant legislation and guidance.

 

Your options.

I am sorry this is not the outcome you wanted. As explained in our Final Response letter dated xx/xx/xxxx you have the right to refer your complaint to FOS. If you want to do this, you must refer your complaint within six months of xx/xx/xxxx.

 

We have a legal duty to report accurate information to the credit reference agencies, so I'm afraid we cannot change your records.

 

yours sincerely

another

Customer Relationship Manager

 

 

 

Thanks

TFD

[slick132]

Please remind us of the approx figures of;-

 

1. the total shown on your spready for chgs and int't.

 

2, the total owed on the a/c.