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sent CCA barclaycard 01/05/07


spuddly
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Now its time for action..

I will be sending this later....

 

 

Barclaycard

PO Box 5402

Northampton

NN1 1ZR

 

Dear Sir or Madam

 

Re: my request under the Consumer Credit Act 1974

 

Re: xxxxxxxxxxxx

 

I refer to my letter dated 30/04/07 which was delivered via recorded delivery to your offices on 02/05/07. As you have failed to acknowledge my request in any way, whether by confirmation of receipt of the letter or by supplying the requested documents.

 

 

My request remains outstanding.

 

 

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 22/05/2007 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.

 

 

You had until 22/06/2007 to comply with my request. You failed to provide me with a true copy of a properly executed credit agreement by this date, you have committed a criminal offence and your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.

 

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. It is also my intention to consider litigation in this matter and your attention is drawn in particular to CPR 4.6 © enclose copies of documents asked for by the claimant, or explain why they are not enclosed;

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

 

I would therefore request, in compliance with CPR 4.6© a copy of the document that you will be relying on as proof that a properly executed agreement, complying in all respects with the form and content requirements of the CCA was signed by myself in respect of this alleged debt.

I expect, in accordance with CPR, your prompt response to this formal request without further delay.

 

I look forward to your reply.

Yours faithfully

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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Do you send a copy of this letter to trading standards or a brief history of events or both ?

spuddly:)

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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wel, well, well:confused:

sent barclaycard the letter above and MERCERS rear their hand in defence (or so i guess!!)

 

mercersfront.jpg

 

 

 

mercersrearscan.jpg

 

 

What do they mean DEFAULT !!

 

Barclaycard already did it back on 30/04/2003

you cant be defaulted for the same debt twice...

 

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.

 

 

 

I dont think im going to fall for that old trick?;)

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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oh yeah...

 

NO CREDIT AGREEMENT STILL....:)

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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Mercers are B'cards in house muppets.

They completely ignore CCA's as a matter of course.

I'd write to them and say you have CCA'd the OC and are still awaiting a response.

Also make sure the letter is headed;

Account In Dispute, as the CCA puts the account in question.

Obviously send it recorded as the more evidence you have the more likely TS will take action.

Be VERY careful whose advice you listen too

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cheers should i address the letter to

 

Dear mr henson!!!

 

LOL:lol: :lol:

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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here is the letter i have drafted to send to mercers

 

 

28/06/07

Mercers Debt collection LTD

City point

One Roper Street

London

Ec2y 9ss

 

 

Important you should read This carefuly

ACCOUNT IN DISPUTE

 

Dear Sir

 

ACC NO: xxxxxxxxxxxxxxxx

 

First I would like to bring to your attention that I have not received any communication from Barclaycard regarding late payments .

 

I also wish to bring to your attention that I have sent Barclaycard a request for CCA agreement on 02/05/07.

 

Barclaycard had until 22/06/2007 to comply with my request. Barclaycard failed to provide me with a true copy of a properly executed credit agreement by this date, Barclaycard have committed a criminal offence and their conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.

 

Should Barclaycard not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

It is also my intention to consider litigation in this matter and your attention is drawn in particular to CPR 4.6 © enclose copies of documents asked for by the claimant, or explain why they are not enclosed

 

Yours sincerely

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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Share on other sites

i finally decided to fax Mercers my letter

Done..

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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  • 4 weeks later...

no response from anyone since sending reply to mercers (sent by post as well).:mad:

Could wait for statute barred to kick in but i would rather get it sorted.:rolleyes:

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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frickin eck...!!!

just like the buses dont hear anything for ages then 2 come at once.

 

10f2lettersrecievedafterCCArequest.jpg

 

 

 

 

 

2ndletterrecievedaftersendingCCAreq.jpg

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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notice the first line..of the second letter

"in my previous letter"...:confused: all I can say is someone somewhere has recieved my mail .

I seem to have three diffrent departments/addresses to go at now.

I have only ever contacted

 

 

Barclaycard

PO Box 5402

Northampton

NN1 1ZR

 

 

spuddly

:)

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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here is my complaint to barclaycard ...

after looking more closley at the letter sent by james waddle which looks like a clone of the letters i get from MERCERS except added to barclaycard logo headed paper??

oh yes and the logos are on diffrent sides!!!

 

04/08/07

 

Barclaycard house

Massey road

Stockton on tees

TS17 6EX

 

COMPLAINT

 

Dear Jackie green

 

ACC NO:

 

ACCOUNT IN DISPUTE

 

 

First I would like to bring to your attention that I have not received any communication from Barclaycard whatsoever since 17/06/05 regarding any matter including late payments until I received two letters on 03/08/07 one of which was from yourself the other from James waddle (copy enclosed).

I also wish to bring to your attention that I have sent Barclaycard a request for CCA agreement on 02/05/07. (Copy enclosed+ proof of delivery to Barclaycard)

 

Barclaycard had until 22/06/2007 to comply with my request. Barclaycard failed to provide me with a true copy of a properly executed credit agreement by this date, Barclaycard have committed a criminal offence and their conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.

In my personal opinion and after dealing with other creditors who have been able to produce all the relevant Credit agreements within the allotted timeframe I see no reason as to why it is taking so long.

To resolve this complaint

1. I would like a true copy of my Credit agreement

If it cannot be produced

1. The account closing

2. A zero balance

3. Removal of all defaults entered by Barclaycard. Note this is to be a complete deletion and not merely an amendment

4. Also you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

I expect to receive a written response within the next 10 days upon receipt of this letter.

Yours sincerely

spuddly:-)

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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can i....or should i take litigation on barclaycard !!!

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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Share on other sites

  • 2 weeks later...

heres the copy barclaycard say is my credit agreement .

 

copyofallegedagreementfrombarclayca.jpg

 

It does contain all the details (removed obviously) about me and also my signature they have also sent T&C with the alleged agreement..

comments please.

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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T&C from barclaycard sent with alleged agreement

 

 

TCpt1.jpg

 

TCpt2.jpg

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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Recieved letter today !!

allianceoneformalnotice.jpg

 

can they add the 1% interest ??

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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Share on other sites

Suppdly.

Hmmm well if that's your agreement then I'm a Monkey ;)

Nice and readable I see.

One of the requirements of CCA is that the "agreement" is easily readable.

 

Now does it have ANY of the prescribed terms at all ??

 

 

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

 

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

 

 

Also check out Peter Bard's excellent thread on the subject: http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html

 

With reference to the DCA "people"

here's a nice letter for them, edit as needed:

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

In response to your letter of DATE the contents is duly noted. As I am still awaiting compliance of my Consumer Credit Act s77/8 request with DCA1 this alleged debt is in dispute.

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as you can clearly see it is in default with the DCA1 creditor and has been since DATE.

Not only is this a breach of OFT collection guidelines, but also in breach of the Date Protection Act.

 

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.

 

Now I would respectfully suggest that this account is returned to the DCA1 for resolution of these defaults and breaches, as DCA2 cannot lawfully pursue any enforcement activities.

 

If DCA2 chooses 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.

I look forward to hearing from you in writing.

 

Yours faithfully,

 

Should make them think.

Be VERY careful whose advice you listen too

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