Barclaycard Cabot Harassment for old Barclaycard debt - in scotland - Please help

[IdaInFife]

not enforceable, you could reply with::

 

Dear Sirs,

Account no xxxxxxxxxxxxxx

 

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. A copy of your current terms and conditions with no personal details on it, like the one 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. A blank agreement 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 (12+2 working days after the request was made) 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

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation.

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.

I expect you to write to me confimring that the account has been closed and no further action will be taken.

I look forward to your reply.

Yours faithfully

 

Ida x

[IdaInFife]

if it will only make a small dent on the balance, you can still go the two ways.

 

you could go all the way with the charges to get the full amount and if there is still a a balance they go the cca go away route.

 

if the all charges will wipe it clean and try to get them to remove any default applied as well.

 

Ida x

[IdaInFife]

if that's the case then refuse their offer and continue with charges claim

 

 

ida x

[IdaInFife]

there ain't much you can do i'm afraid.

 

as youknow it's a waiting game.

 

if they had one surely they would just send it to get you to pay.

 

Ida x

[IdaInFife]

if you want to reply keep it simple

 

 

dear twats,

 

thank you for your letter dated xx/xx/xx, the contents of which have been notes.

 

I have already advised you why several times as to why this is account is in dispute ans still is.

 

Please be advised that i will not be offering any further payments or responding to any further communcation from you until I recieve a suitable response to my request under Consumer Credit Act 1974.

 

Now fook off

 

Ida x

[IdaInFife]

they have not fullfilled there obligation under the cca1974 and until they do so it is in dispute. they know exactly why it is and are hopeing craigers will fold.

 

only if they supplied something that was a cca but it was illegable for example then the 'wiording ' would change.

 

if anything this like is to go to court the more ammo you have the better

 

 

the last RBS case the judge had noted that RBS had been advised many times why their cca was unenforceable due to lack of prescribed terms and didnlt take to kndly that RBS still went ahead with court and judged it as an abuse of court process.

 

Ida x

[IdaInFife]

add it in but explain why the cca is in dispute, would not harm your claim

 

ida x

[IdaInFife]

they should send EVERYTHING

 

edit this to suit:

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated (Insert Date). The disclosure of personal data is incomplete in that at least the following documents are missing.

 

(Adapt this next section to your situation)

 

1) You have failed to provide a complete list of transactions and charges.(Add details of missing period - or a transaction that you know about which is not included)

2) You have provided no notes, or documents relating to any legal action between you and myself.

3) You have provided no notes, or documents relating to instances of manual intervention.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

You have a further (Insert number of days remaining) days to comply.

 

Yours faithfully,

[IdaInFife]

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated (Insert Date). The disclosure of personal data is incomplete in that at least the following documents are missing.

 

(Adapt this next section to your situation)

 

1) You have failed to provide a complete list of transactions and charges.(Add details of missing period - or a transaction that you know about which is not included)

2) You have provided no notes, or documents relating to any legal action between you and myself.

3) You have provided no notes, or documents relating to instances of manual intervention.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the Sheriff Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours faithfully

 

 

same address you sent the sar too

 

ida x

[IdaInFife]

Fly send them above for he PPI and anything else that you need

 

ida x

[IdaInFife]

have you sent them the telephone harrassment letter?

 

if so have you thought about getting call barring for a couple of month?

 

ida x

[IdaInFife]

 

 

telephone harrassment:

 

Your Street

Town

City

Postcode

 

DATE HERE

Company Name

Road

Town

City / County

Postcode

Re: Harassment by telephone

 

ACCOUNT NUMBER: XXXXXXX

Dear Sirs

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to, FOS, OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded.

 

Yours faithfully,

 

[NAME HERE]

 

 

ida x

[IdaInFife]

I'm not sure you're correct to tell them 'account in default' if they have supplied a CCA request, enforceable or not. Hit them with this, from section 65 of the Act itself:-

 

65(1) Consequences of improper execution.

 

An improperly-executed regulated agreement is enforceable against the debtor or hirer on an order of the court only

 

 

+ 1 to what Ida says, cos I had both sets of b******s on my back. I got the local Trading Standards involved and they paid them a visit and they shut up after that.

 

 

they haven't produced any agreement, that's why it's still in dipute, if they supplied and agremeent with a prescribed term missing or sig etc that's a bit different

 

ida x

[IdaInFife]

if you have snet te harrassment letter, keep a notebook at the side of the fone and starting logging dates and times of calls

 

ida x

[IdaInFife]

Oft

[IdaInFife]

well done AFW

 

ida x

[IdaInFife]

Can't comment on how cabot work.#

 

the 'averrment' doesn't stop them as still most people don't respond to the court papers but it gives you a complete defense up here.

 

yes court action before the 5 years would stop a debt becoming SB'd.

 

I would just ignore the calls if you can, some mobiles you can automatically get the equivalent of call barring i.e. my phone i can just block a number that i have recieved or missed a call from.

 

If they have a completly wrong address then as long as they cannot link it to a correct one then it shouldnt show on your credit report

 

sorry for hijack afw

[IdaInFife]

just to confirm from what i can see, they have baically sent you blank terms and conditions whuch do not have your details on?

[IdaInFife]

http://www.consumeractiongroup.co.uk/forum/content.php?415-POSSIBLE-Letter-when-a-questionable-agreement-application-is-sent.

 

 

send this is the above post is correct

[IdaInFife]

Back to diggin out again today grrrr.

 

Have a good one yourself and all the best for 2011

 

Ida x

[IdaInFife]

nope covers everything

 

if they understand it is a different thing