Barclaycard dispute

[La-Rittles]

Barclaycard 2 Mercers 2 Calders 2 Allied int

 

Hi,

 

I requested my CCA from Barclaycard in July 2009 and as in most cases was supplied with T&C. I know for a fact they have nothing with my signature

as I still have the original document, I was supposed to sign it and return it.

 

I am of the opinion that Barclaycard are thieves and will never give them another penny.

 

In November 2009 I wrote mercers informed them the account is in dispute

with Barclaycard and has been since 22/09/09, Barclaycard are now in default of my Consumer Credit Act agreement request and have also breached s10 Data Protection Act request etc......... Please return the account to them blah blah. I also sent the harassment letter as they called me day in and day out.

 

I haven't been able to address the situation with them further for many months and have since moved house and am ready to kick off again.

 

Barclaycard continued to send me statements putting up balance by £70 for 9 months after the CCA dispute/request and while being hounded by Mercers then Calder and now just recently I have been contact by Allied international. My credit score is now in tatters.

 

Can I please be advised of the next steps?

 

Kind Regards

[Papa_Smurf]

When did you get the Barclaycard? When did you sign the original document which was never sent back?

[harrassed senior]

I presume that you did send the Account in Dispute letter following their attempt at a CCA request?

[La-Rittles]

Hi,

 

Papa - I'll have to check the date to be certain, i believe it was 2003 although it could be 2001. I haven't brought all of my paperwork from my parents house to my new home yet.

 

Harrassed - Yes i wrote and told Barclaycard the account was in dispute using the template from the forum.

 

Thanks

[harrassed senior]

You need to send the bemused (passed on) letter to the latest clowns trying to collect this disputed account:

 

Further to your letter dated

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with xxxxx and has been since

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

.As xxxxxxx is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE.As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to xxxxxx for resolution of these defaults and breaches, as you cannot lawfully pursue any enforcement activities.

If you choose to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.

Also whilst writing I would inform you of the following:

Please be advised that I will only communicate with you in writing.

Furthermore, should it be your intention to arrange a "doorstep Assessment" as per your above mentioned letter please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke License under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. Doorway surveillance is available and will be used as evidence.

Regards

 

You say your credit score is 'in tatters' there should only be 1 entry on your credit file for this account.