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MrMauy vs Sharkleycard


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To give you all a bit of background, I have sent a CCA request to Sharkleycard as I have been paying each month before I realised that I do not know where this debt came from. I realise that I was young and nieve to pay an alleged debt without knowing what is was for but back before the financial meltdown I actually thoughts banks could be trusted. I don't have a Sharkleycard card, and to my knowledge have never applied to nor agreed to such a contract. I have 2 current credit cards, and both are still with MBNA.

 

Sharkleys replied to my CCA request saying that they can't supply it at the moment and know that it is therefore unenforcable however they can still report me to CRA's etc as is the position of Judge Waksman. I don't see how this can be the case if I have never entered into an agreement with them, surely they have no right to share my information.

 

I am thinking about sending the following back to them, ad potentially drafting another letter for the CRA's instructing them to remove all references to Sharkleys without strict proof that they have permission to share my information.

 

Any thoughts or suggestions?

 

I write with reference to your letter dated xx/xx/xx in reply to my formal request for a copy of the Credit Agreement for this alleged account.

Your inability to provide a copy of this agreement supports my position that I have not currently, not in the past, signed or agreed to such a contract with Barclaycard as you allege. I have also not had in my possession or used in any manner a “Barclaycard Credit Card”.

You also state that you are permitted to report to Credit Reference Agencies regarding the status of this alleged account, you claim this is the ruling of judge Waksman in the case of cca test case . I contest that this case does not have bearing on these circumstances as in the cca test case it was never questioned that an agreement had been made, merely that the agreement could not be provided.

I have no knowledge of any application or agreement made between myself and Barclaycard and require strict proof as to my entering into the alleged contract.

I also give you formal notice under section 10 of the Data Protection Act, that I require you to stop processing my information immediately, this includes but is not limited to :-

Sharing such information with Credit Reference Agencies

Assigning or transferring the alleged account to any other agencies

As my consent to the collection, processing and sharing of such information would only have been given by signing an agreement you do not, and have not had my permission and as such may be liable for a claim of compensation under the Data Protection Act.

If you refuse to comply with this formal notice you must notify me within 21 days stating your reasoning and provide any such documentation as you rely on to back up your statement.

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did you have any other credit cards at all prior to these?

 

dx

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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