Thanks for the reply. Do you have a reference for any of the rulings? I understood that once the case is in dispute they cannot share any information with a third party, including CRAs.

I need some advice on a long running dispute with Barclaycard. In early August 2008 I requested documents from Barclaycard under the 1974 CCA. When they failed to produce the documents I notified them that the account was under dispute, and no payments would be made until they produced the documents. Despite repeated requests they failed to do so, instead claiming that I had defaulted, and handed the case to a series of debt collection agencies. Each time I was approached by an agency I informed them of the facts, they replied saying that they would no longer deal with the matter, and handed it back to Barclaycard. Now I’ve received a letter from Barclaycard that contains the following: “As previously explained, one of our obligations as a lender, is to share default information about our customers with Credit Reference Agencies when a formal demand for payment is made and the account is then closed. During an internal processing error on our part, the updating of your Barclaycard Credit Reference record within your credit file hasn’t happened. To correct this, and to bring your credit file up-to-date, we are now passing a default record for your Barclaycard account to the Credit Reference Agencies.” It’s my understanding that since the account is already under dispute Barclaycard cannot pass a default record to the CRAs: am I correct? And if so can anyone point me to the exact legal wording that forbids them doing this, and also tell me which authorities I should report them to if they proceed. Many thanks in advance for any advice.

We're past that stage. Barclays, Mercers & Calders have all received recorded delivery letters on several occasions stating that the account is in dispute, advising them of what they may not do under the CCA, and warning them of the appropriate laws in response to various threats. They've failed to follow through on the threats on every occasion, simply bleating that they don't accept that they account is under dispute. My response to that has been "fine: show up in court with the paperwork." Frankly, that sounds like really bad advice. Everything I've read here and elsewhere, the advice I've had from CAB & CCCS and my own common sense says that you never speak to these people on the phone. Everything in writing, and keep good records. That's what I've done so far, and it's worked. That's the sort of stuff I'm trying to find out. I'm actually very relaxed about the proposed sale. It was worded as a threat, but in effect it's a white flag: an admission that they've got nowhere so they're selling the problem to someone else. I'm simply trying to decide two things: 1. By selling it do they potentially get themselves in trouble. 2. If so, should I warn them in advance, or just let them go ahead and shop them to the authorities afterwards. I realise the OFT guidelines aren't law, but I've already used them apparently successfully so I only half agree with Angry Cat about the lack of protection for the consumer. Yes, the balance of power is weighted in favour of the banks etc - surprise - but even in my limited experience there is plenty that can be used to slap them down. Blimey! Respect! Remind me never to lend you a fiver! :D Thanks for all the advice: any more welcome.

Does anyone know for sure what the legal situation is regarding the sale of an account to a DCA? A year ago I CCA’d Barclays, they failed to deliver, I told them they were in default of the CCA and the account would remain in dispute until they produce the correct paperwork, and they could go spin. We all went down the Mercers/Calder road, threats were exchanged, I offered to meet them in court. Silence. Calder have now written giving notice that Barclays intend to sell the account; fine by me. But it does beg two questions. Firstly, Barclays are clearly flogging the account because they have no paperwork and know they therefore would lose in court. So in selling it they know they’re shafting the buyer, who will be in the same position. I’ve no sympathy with either of them, but it seems to me that in selling something that’s not fit for purpose Barclays are guilty of rather sharp practice. Secondly, under the terms of the CCA, a creditor cannot disclose details of a disputed account to a third party. But if they sell the account to a third party that is exactly what Barclays will be doing. So is such a sale even legal? I imagine it is, but if anyone can prove otherwise I’d just love to know.

Sorry, but I still don't get it. If the prescribed terms are included, which apparently they are, and the CC Regulations 1983 allow the omission of signatures, why would they then have to produce the signatures in court?

Thanks, but I don't quite follow. The BC letter specifies that certain details can be omitted from a CCA copy, including signatures, and still fulfill the request. The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983, which they quote, seems to me to support their position. So how is it not enforceable?

Here you are then: enjoy! I CCA’d 3 accounts. Barclaycard eventually responded with 2 letters containing the attached docs “Barclaycard CCA 1 front”, Barclaycard CCA 1 back” & Barclaycard CCA 2”. That’s it. I can’t even tell from the docs which accounts they refer to. There’s no ID anywhere, date, nothing: they look to me like they were just pulled from a drawer somewhere. I wrote back stating plainly that I simply don’t believe the documents are genuine, and certainly don’t fulfill a CCA request. Barclaycard responded with a 2 page letter I’ve scanned and attached as “Barclaycard 1” & “Barclaycard 2”; I’ve deleted the first paragraph, which is not relevant to this issue. The letter reads to me like smoke and mirrors designed to deceive, and I don’t believe a word of it, but I’d very much like someone more knowledgeable to to pick through it so I can produce a coherent response. Assuming Barclaycard’s letter is as misleading as I suspect, I’d also welcome any advice on how to proceed. I’m not feeling generous. It took many letters from me just to get this response, and Barclaycard are way over the 12 + 30 day limit for a CCA, so if they’re lying I’m quite happy to report them to as many authorities as possible, and if necessary go to court. All advice very welcome. Barclaycard CCA 1 front.pdf Barclaycard CCA 1 back.pdf Barclaycard CCA 2.pdf barclaycard 1.pdf barclaycard 2.pdf

Thought so. Pity. But presumably that also means the whole "+ 30 days" business no longer has any meaning: after all the 30 days was the period before which failure to comply became criminal. The only period that can matter now is the 12 days to respond to the request before the DCA is in default. Thanks again.

My understanding is that a creditor/DCA has 12 days to respond to a CCA request, after which they are in default. If they fail to respond after a further 30 days they commit a criminal offence. But is that still true? I know it used to be, but I have a vague memory that the law changed a year or so ago. I read elsewhere on the forums of Hillesden DCA failing to produce an agreement under the CCA and simply writing every 21 days saying that they were still looking for the paperwork. They surely couldn't get away with that if failure to comply is still a criminal offence. So does anyone have a definitive answer? Can failure to respond lead to criminal proceedings? Anyone got any examples of that happening? Many thanks.

I’m arguing with Barclaycard about their response to my CCA request. I believe the documents they sent me don’t come near to fulfilling their legal obligations and I’ve told them so. They’ve responded with a rather confusing point by point breakdown in support of their position that they have complied. I’d very much like to post the correspondence here to get some informed opinions on their position and how I should proceed, but it’s 5 pages total attachments: should I go ahead or is that too much? Apart from my own interest, the docs and opinions may be helpful for others trying to decide whether a creditor has or has not complied with the CCA, what arguments the creditor may use to support their case, and whether those arguments are spurious.

Am I right in thinking I can report creditors/DCAs to the Trading Standards office if they fail to produce either a CCA or SAR after the legal length of time? If so, does anyone know the address to which I should file the report? And are there any template letters available anywhere? Many thanks.

I'm afraid I'm a bit out of my depth here. Can anyone enlighten me on the differences between fast track and multi-track, and what the practical implications are? Many thanks.

Oh dear. In that case, given the figure is over 5k, what's the worst case in that situation? And what's "multitrack"? Thanks again.

MBNA is 14k, A&L is 3k. Since MBNA administer both, and have admitted they don't have paperwork for either, it's not clear whether there would be separate court cases. But since these are technically separate accounts I assume any court actions would also be separate.

I agree with all of that: it seems to me that MBNA have screwed themselves by not bothering to take care of the paperwork. I’m just posting here to check my facts so I can handle this properly: better to get tripped up here than in court if it goes that far. So here’s another question. If I tell MBNA to get lost and they go to court, what’s the absolute worst that can happen?