Barclaycard STUPID and DAFT no CCA???????

[TheBee]

Hi Gill5blue

 

Wow well done you on everything so far!! Exciting! Just started following this today as we have just received the generic terms and conditions from Barclaycard, after asking for signed CCA a few weeks ago - so i think it's time for letter number 2 soon don't you!!

 

Did you stop payments straight away after they failed to provide you with your CCA in the beginning?

 

Thanks to everyone else for your comments too - i notice our Ts and Cs are well out of date too (card taken out March 2001 and charges set out in Ts and Cs state that more recent £18 charge!!!)

 

Will be watching your progress with baited breath and will be just one step behind!

[slick132]

Hi TheBee,

 

Welcome to the BC forum.

 

Why not start your own thread here - use the new thread button at the foot of the forum main page.

 

Give us a brief history of your claim's progress to date so we can follow and help you if required.

 

Slick

[steven4064]

It's an application form - it does not constitute an enforceable agreement because it does not have the terms prescribed under schedule 6 of the Consumer Credit (Agreemenets) Regulations 1983 - Credit limit or how it is to be arrived at, APR, rules for calculating minimum payments - on the page with the signature. It is not signed by Barclaycard.

[slick132]

Hi Gill,

 

Looks like they've no enforceable agreement.

 

So you should now decide whether to accept moral responsibility for the debt and repay it on YOUR terms.

 

If they continue to harass you and/or demand repayment now, you can try to get the debt reduced to nil on the basis of it's unenforceability.

 

Have a think about how you want to deal with this.

[slick132]

Gill,

 

Further to my comments above, Steven has suggested a word of caution for correctness.

 

BC COULD have an enforceable agreement but they have failed to produce it in response to the CCA request so far.

[gill5blue]

Thankyou

very clear advise

I now know what to do

Gill5blue

[steven4064]

Hi gill

 

It's unenforceable for two reasons. 1) The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 SI No. 1557

Legibility of notices and copy documents and wording of prescribed Forms

 

2.-(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the colour of the paper

and 2) it's quite clearly (even though otherwise illegible) an application form not a credit agreement

[lickthewallfatboy]

as far as I'm aware,Barclays are not permitted to farm out the alleged debt to anyone else when they haven't complied with you CCA request.....

 

paper the walls with their demands!!

[slick132]

Hi GB5,

 

Carefully go through and edit the letter below (courtesy of CurlyBen) to reflect your own case. Leave out any para's that don't apply

 

Send a copy to DML (no need to SAR them).

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. 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 carried out before you enter into a default situation.

 

If that request is not satisfied after a further 30 calendar days you commit a summary criminal offence.

 

These limits have expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

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

 

And

 

(b) If the default continues for one month he commits an offence.

 

Therefore this account has become unenforceable at law.

 

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.

 

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.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’. You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

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

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

Despite my letter regarding ANY communication from your company, which stated that I require ALL communications in writing, your telephone calls continue.

 

This behaviour constitutes harassment; the letters stated quite clearly to you that I require ALL communications in writing for future use. Do not telephone me again - remove any telephone numbers you hold for me from your systems.

 

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that ALL telephone calls are taped.

 

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, has now been submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

 

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

 

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

 

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

BLAH

[gill5blue]

UPDATE

I posted letter as above with changes and received back extremely promptly a letter from DML saying they have noted my letter and closed the file and will not contact me again, they have said they have passed my account back to Barclays.

Well who can advise me as to what will happen next??????????

I will guess a letter from Barclays, but saying what?

[steven4064]

More likely a letter from a different DCA. One thing we learn from hsitory is that people don't learn from history. Banks in particular

[slick132]

Hi G5B,

 

Well that's a result. Wait and see now if BC have anything further to say.

 

Keep the letter handy - no doubt you'll need it again soon.

[gill5blue]

Hi

PANICKING

I have received a claim from CL FINANCE via Howard Cohen Solicitors from Northampton county court, I have to either

a) admit all the amount of claim

b) admit part of the claim

c) dispute the whole claim

d) ask for 28 days not 14 days if I wish to prepare my defence

e) do nothing and the judgement may be entered against me.

Now what do I do, please help as I have never had a letter like this, and can the help be step by step.

I presume I should initially request 28days?

Gill 5 blue

[Duffers Mum]

Not sure if its too late now, but have you reported them to Northampton Trading Standards? I've heard nothing from B/C or Mercers since I received a response from TS saying that are in contact with B/C on my behalf.

 

B/C send out the same letters to everyone from what I can see from this site anyway, I know I've received the final response etc letter. They are a law to themselves and its about time the FOS etc came down hard on them, however they just seem to take their side, which is why I haven't bothered reporting to them.

 

I've just submitted a F&F figure to B/C and await their response, which bearing in mind they did not send the CCA as requested, added interest and charges when they shouldn't have, and also farmed my account out to Mercers when it was in default, is a generous offer, although I suspect they will say its not enough!

 

Good luck, I hope you get the result you rightly deserve.

[slick132]

Hi G5B,

 

I wouldn't worry about TS, etc just now - just concentrate on d/w the court claim you've rec'd.

 

Select option © to dispute the full amount and acknowledge the claim within 14 days as required.

 

Also (d) asking for 28 days to enter you Defence.

 

Is this for the Daft or the Stupid a/c.

We'll d/w your defence IDC. Please quote exactly what their POC says.

[gill5blue]

Hi

Thankyou for your response

OK I will act on option © and (d)

This is for the 'stupid account'

What does d/w and IDC mean please? so I know what you are talking about (silly me) I know what POC means

Their POC says

The Claimants claim is for the sum of £????(it is the full amount) being monies due from the Defendant to the Claimant under a regulated credit agreement between Barclays Bank PLC T/a Barclaycard under reference ??????(credit account no) and assigned to the Claimant on the 31st March 2008

 

The Defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon the defendant pursuant to section 87(1) of the Consumer Credit Act 1974.

 

The Claimant claims the sum of £?????

 

Gill5blue

[slick132]

Hi G5B - sorry if my abbreviations confused.

 

d/w = deal with

IDC = in due course

 

Have you received notice that BC assigned the debt to CL Finance on 31st March, as suggested in the claim against you.

 

Is this the a/c for which you sent the letter in post #48.

[gill5blue]

yes I have notice that BC assigned the debt to CL Finance the letter was from Howard Cohen Solicitors

[slick132]

G5B,

 

Please answer my last Q in post #58 above.

[gill5blue]

Yes, actually both accounts with different debt collectors have had this letter seperatly

[gill5blue]

update for 'STUPID'

a)I have received a letter from Howard Cohen acknowledging my letter

b)I have sent off the Court claim reply acknowledging the service and requesting more time to defend the whole amount

Gill5blue

[gill5blue]

Ref 'STUPID' account

HI

How do I present my defence?

I have kept a copy of all communication with barclays, is this what I put into court or is it the first letter requesting CCA?

Please help as I want to prepare my defence this weekend

What do I do??????

[steven4064]

Gill

 

Can you post the particulars of claim (personal details removed) so we can see how to advise

[gill5blue]

Hi

They are in post 57

cheers

[steven4064]

Is that it? No wonder I missed it

 

You might like to look at this defence http://www.consumeractiongroup.co.uk/forum/legal-issues/130165-nationwide-cca-arrived-letter-6.html#post1431501