Sent Application form instead of Agreement form?

[Dowie]

Hey again... This post is continued from the link below. I'm just not getting any replies, so hope this is ok. I'm being impatient, so sorry about that.

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/79151-power2contact-credit-solution.html

 

My mum has recently received this copy from BarclayCard, theyre saying it's 'a copy of the original signed agreement'.

 

I really don't think it is though... can someone please confirm? We sent the CCA off on the 4th June... this letter was received on the 13th July. Are they in breech by now?

 

Thanks.

http://i54.photobucket.com/albums/g95/KC-2006/BCApplicationFormcopy.jpg

 

 

What is the next step now? Mum is really worrying that bailiffs are gonna come a knockin.

[grobbo24]

I have the same problem with Cabot supplying an application form.

 

You have definately been supplied with an application, it is unenforceable as an agreement as it does not contain the prescribed terms.

 

I was given some advice in my Cabot thread, but have not written a reply to Cabot yet, take a look.

 

http://www.consumeractiongroup.co.uk/forum/cabot/108414-grobbo24-cabot-monument.html

 

Once I have written a reply to them I will post it on the above link.

[ashmk]

your link is broken.

 

Is this the corect one ?

 

http://i54.photobucket.com/albums/g95/KC-2006/BCApplicationFormcopy.jpg

 

If so it looks like an application to me.

[Dowie]

I have the same problem with Cabot supplying an application form.

 

You have definately been supplied with an application, it is unenforceable as an agreement as it does not contain the prescribed terms.

 

I was given some advice in my Cabot thread, but have not written a reply to Cabot yet, take a look.

 

http://www.consumeractiongroup.co.uk/forum/cabot/108414-grobbo24-cabot-monument.html

 

Once I have written a reply to them I will post it on the above link.

 

Thanks, Grobbo. I've just posted on your thread.

[Dowie]

your link is broken.

 

Is this the corect one ?

 

http://i54.photobucket.com/albums/g95/KC-2006/BCApplicationFormcopy.jpg

 

If so it looks like an application to me.

 

Yeah, thats the one. I tried editing mine, but still not working.

 

Anyway, I've found the letter below, so I'm thinking I send that off? I'm just a little confused about dates... can someone please help with that? Cheers.

 

Re: My request under s78 of the Consumer Credit Act 1974.

 

Thank you for your recent letter sent to me dated 13th July 2007 the contents of which are noted. 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, dated 4th June 2007. Upon receipt of the original request the specified account legally entered into disputed status.

 

My request remains outstanding. An application form does not constitute a true copy of a credit agreement and that which you sent doesn't even contain all the prescribed terms and is not 'properly executed'. The statements sent do not correspond to the amount stated in your earliest correspondence and therefore they do not satisfy the requirement to supply me with a statement of account.

 

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 LLLLLLLLLLLLLLDATELLLLLLLLLLLLLLLLLL to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is 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 agencies (or any third party).

 

To register information with a credit reference agency, you must have written consent from the data subject 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 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on 25th May 2007 and subsequently committed a criminal offence on 25th June 2007.

 

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint; otherwise 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. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

I look forward to your reply.

 

Yours faithfully

[Bigbearuk]

Hi Dowie,

 

Do you know if the CCA was singed for when the CCA arrived at there office? if it was they have 12 + 2 days from that date to reply with your CCAor it goes into default;It's another 30 calender days after that time before they have committed a criminal offense

[rory32]

However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

Yes it does.

 

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.

No it doesn't.

 

An application form does not constitute a true copy of a credit agreement and that which you sent doesn't even contain all the prescribed terms and is not 'properly executed'.

Why are you not accepting it as a copy of the credit agreement as they would then need to rely on this in court? Why are you disputing it and asking them to find the properly executed enforceable agreement?

 

To register information with a credit reference agency, you must have written consent from the data subject 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 need to serve them with a section 10 notice under the Data Protection Act.

 

Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

 

The ICO will do nothing.

 

You must supply an executed credit agreement within 12 working days of a proper CCA request.

Again incorrect. The copy of the agreement does not need to be executed.

[Dowie]

Hi Dowie,

 

Do you know if the CCA was singed for when the CCA arrived at there office? if it was they have 12 + 2 days from that date to reply with your CCAor it goes into default;It's another 30 calender days after that time before they have committed a criminal offense

 

Thanks for that, BigBearUk. I'm not sure though as my mum can't find her RD slips!

 

I'll get on at her to try and find them.

[Dowie]

Yes it does.

 

 

No it doesn't.

 

 

Why are you not accepting it as a copy of the credit agreement as they would then need to rely on this in court? Why are you disputing it and asking them to find the properly executed enforceable agreement?

 

 

You need to serve them with a section 10 notice under the Data Protection Act.

 

 

The Information Commissioners Office will do nothing.

 

 

Again incorrect. The copy of the agreement does not need to be executed.

 

 

Thanks for the reply, Rory, however, I haven't a clue. It's just a letter I found on here with regards to replying to them. Can you please tell me what I should write in a letter?

 

Thanks very much.

 

KC

[rory32]

If they are prepared to state that this is a copy of the agreement then you should accept it as such, as it's unenforceable. Something short and sweet is all that's required.

 

Dear Sirs,

Thank you for your response to my request under the Consumer Credit Act section 78.

 

I am pleased to see that you confirm this as a true copy of the original agreement executed by ourselves on the (date).

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.

 

As this is the case I will of course be making no further payments on this agreement, any further action on your part to enforce will be vigorously contested.

 

Please note you may also consider this letter 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 including any defaults. 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 fail to respond within 21 days, I will expect that this means you agree to remove all such data.

 

I shall also be considering further action to recover unlawfully applied interest and charges that have been levied on the “Agreement”.

 

NOTE: You won't actually be doing the last bit, you are just stating that you are considering it.

[Dowie]

Cheers for that Rory. Will this letter get the bailiffs off my mums back too?

[Timsta]

It should do, they will be committing an offence under Section 40 of the Criminal Justice Act if they try to collect money on an unenforceable debt.

[Dowie]

It should do, they will be committing an offence under Section 40 of the Criminal Justice Act if they try to collect money on an unenforceable debt.

 

Is there any way my mum can get confirmation that BC would have dropped it?

 

Thank for the reply BTW.

[Timsta]

Sorry, that's about as good as my knowledge gets at the moment.

 

I think Rory had a good letter advising them that they are committing an offence by trying to collect. They normally back off at that stage.

[Dowie]

Sorry, that's about as good as my knowledge gets at the moment.

 

I think Rory had a good letter advising them that they are committing an offence by trying to collect. They normally back off at that stage.

 

Excellent. Thanks very much. I shall get that letter posted off today at some point. I'm just wondering if it would be worth sending a letter off to the DCA also? Not a clue really what to write though.

 

Thanks again, Timsta.

[rory32]

Bailiffs and Debt Collectors are not the same thing at all. DCA's have no legal powers, bailiffs can only act with a court order.

[conar686]

If they are prepared to state that this is a copy of the agreement then you should accept it as such, as it's unenforceable. Something short and sweet is all that's required.

 

Dear Sirs,

Thank you for your response to my request under the Consumer Credit Act section 78.

 

I am pleased to see that you confirm this as a true copy of the original agreement executed by ourselves on the (date).

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.

 

As this is the case I will of course be making no further payments on this agreement, any further action on your part to enforce will be vigorously contested.

 

Please note you may also consider this letter 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 including any defaults. 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 fail to respond within 21 days, I will expect that this means you agree to remove all such data.

 

I shall also be considering further action to recover unlawfully applied interest and charges that have been levied on the “Agreement”.

 

NOTE: You won't actually be doing the last bit, you are just stating that you are considering it.

 

Good letter Rory - I'm going to blag it if you don't mind

[rory32]

Feel free conar. That's what the forum's for

[lemma1968]

subscribing

[Goldlady]

Hi Dowie I have received a similarly basic application form from Barclaycard today - they have stuck a bar code over what presumably was the bit about them checking with cra's - they have not countersigned, and the card number has not been filled in on the form - in fact the letter and the barcode sticker have actually got the wrong account number on.

 

Is this enough to send them one of your letters Rory before the DCA start on me again?

[rory32]

Without actually seeing the document, it certainly sounds like it is completely unenforceable.

[mcnab]

subscribing with interest

[Weird Al Yankovic]

I've had the same application sent to me in the past from these clowns.

 

However, they, and Mercers, are a particularly resilient bunch of blighters who continue to annoy like an elusive bluebottle who is adept at avoiding my slipper.

[Goldlady]

PMSL - Need to resort to chemicals W.A.Y.

[out of cash]

hi all,

 

this is my barclay card agreement/application did anyones look exactly like this as this is from 1979?

 

regards

 

out of cash

barclaycardcca.zip