Good advice - thanks. I gulped at 14 or 15 replys! Getting ready to repeat all of the above with Mercers in a couple of months. oh boy!

Vint, This is the reply I sent them, to which they replied as in my 1 st post above: Thank you for your letter of ___________ the contents of which have been noted. I would like to raise a number of inconsistencies in the information provided. In paragraph 4 you refer to section 7 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. Whilst your comments are mostly accurate in isolation, I would draw your attention to paragraph 1 of section 7 which states: (1) Where an agreement has been varied in accordance with section 82(1) of the Act The relevant section of the act being: 82. — (1) Where, under a power contained in a regulated agreement, the creditor or owner varies the agreement, The implication of this section of the act being that modification of the agreement can only take place where the prior version of the agreement makes provision for such an amendment within its terms. Ultimately the authority to amend an agreement must refer back to such a provision within the executed agreement. In the absence of such a provision, or the inability to authenticate such a provision, subsequent, modified agreements are invalid. Furthermore, Section 7 paragraph 1 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983, goes on to say: (1) Where an agreement has been varied in accordance with section 82(1) of the Act, every copy of the executed agreement given to a debtor, hirer or surety under any provision of the Act other than section 85(1) shall include either— This paragraph clearly places a duty upon the creditor to provide a modified agreement (copy of) as an inclusion to a mandated provision of a copy of the executed agreement. In paragraph 7 of your letter you refer to a high court interpretation of an executed agreement. However, I feel that the Consumer Credit (Agreements) Regulations 1983 offer a more than adequate description of such an agreement and doubt that any ruling would vary the provisions of these regulations. In section 9 you refer to a copy of an application as evidence of signature. I am confused by this as you have not sent me a copy of any part of an application form. In fact you did not send me any document bearing my signature, in copy or otherwise. With regard to the contents of the final paragraph of your letter, and giving due regard to the above, it remains my belief that you have failed to comply with either the spirit or the intention of the relevant legislation. In summary, I cannot accept your explanation relating to the documentation supplied in response to my s78(1) CCA request. It remains my contention that Barclaycard are still in default against the unabridged requirements of the act. Until such time as Barclaycard comply with the true expectations of the relevant legislation I will continue to acknowledge no debt to Barclaycard in respect of the above account. Should Barclaycard continue to enforce the alleged agreement in violation of s78(6) of the act, then I may consider seeking redress under the Data Protection Act 1998. Additionally, I may consider it appropriate to serve an injunction upon Barclaycard to prevent any such data processing and rectify any prior processing whereby a violation of section 10 of the Data Protection Act 1998 is considered to have occurred. Although at this early stage, I wish to avoid the involvement of the Financial Ombudsman, which would maybe incur an investigation fee of £400.00 on your part, regardless of the outcome of such an investigation, I may take further action, at my own discretion and on the advice of my legal advisors. I look forward to your reply. As you can see, I have warned them I would contact the FO. Do you feel I should or still send them your copy example giving them a further explanation of why they have not complied including legal cases as you have set out and a final 7 days to comply? Remember, including yours, this would be my CCA request letter and a further 3 replys. Thanks

1st September

Hi guys, Sent Barclaycard CCA request. Barclaycard replied with just terms and conditions. I then replied with not a "true copy" letter etc etc Barclaycard replied with standard drivel of their interpretation of S.78 and how they do not class the account in dispute. I then replied twice seperately. First reply: I pointed out inconsistencies with the information they provided and that at this stage I do not want to involve the FO however should B'card continue to enforce the alleged agreement, i may consider seeking redress under DPA 98 etc etc Second reply was a SAR request Barclaycard replied to first letter: "I write further to your recent letter alleging that we have failed to comply with our obligations in relation to your request for documents pursuant to section 78 of the Consumer Credit Act. Please note that we have already set out, in detail, why we are satisfied that the documents already provided to you have discharged our obligations under the act. We are under no legal obligation to provide any further documentation to you in this regard." And that's where I am at. Wonder what to do now. I should point out that my SAR request was replied with the £10 was missing - but I sent them the photocopy copy of the postal order and told them to stop playing games because the clock is ticking. Need to think of a reply to there blow off letter. Do you think I should contact the FO at this stage or send them a third reply to their reply above? Thanks. Jameson

thanks

Amex

Hi guys, I was sent a letter in reply to my Telephone Harrassment letter stating that it need to be signed. Any law I can quote stating that it doesn't? Thanks Jameson

Just recieved a second notice of default. Any ideas on what to send barclays? ...an agreement is deemed as “irredeemably unenforceable” under section 127(3) of the Consumer Credit Act 1974 then a default cannot be made. If I state this is a formal complaint at the top of the letter, do they have to follow the British Banking Code - Section 15? That should make them realize that they are breaking the law by issuing the default whilst the account is in dispute. Is that a good body to quote? The good news is that the phone calls have stopped thanks to the telephone harrasment letter.

Unbelievable!

Just received a reply to my SAR request. It's hilarious to think that they confirm recieveing my SAR request but pretend I never sent them the £10 Postal Order which I referenced in my letter and typed the voucher number too! Thank God I photocopy everything I send to these people!!! What they hell are they thinking by asking for payment. Do you think I should copy my reply to Trading Standards or somply send them the photocopy and warn if they don't comply I will escalate this to the BO and TS?

This is the front of my signature document: http://i896.photobucket.com/albums/ac162/jameson78/CCA_MINT-2.jpg They sent this on one page one side only. I don't know if there is supposed to be anything on the otherside. There is no reference to a PTO on the front signature side.

It's the agreement which I filled in by hand and signed at the bottom. When you say it does not contain any of the prescribed terms what do you mean exactly. I take it these "prescribed terms" are not the regular terms and conditions they have sent me such as credit limits and calculations of APR? Forgive me, I'm learning...

Help needed please... This morning I received my CA from MINT. Could some CAG members have a look and help me work out if it is unenforceable? Thank you so much in advance. I have attached the whole file as a PDF to this thread and also via photobucket. I hope the individual links work! Cheers, Jameson http://i896.photobucket.com/albums/ac162/jameson78/CCA_MINT-1.jpg http://i896.photobucket.com/albums/ac162/jameson78/CCA_MINT-2.jpg http://i896.photobucket.com/albums/ac162/jameson78/CCA_MINT-3.jpg http://i896.photobucket.com/albums/ac162/jameson78/CCA_MINT-4.jpg http://i896.photobucket.com/albums/ac162/jameson78/CCA_MINT-5.jpg http://i896.photobucket.com/albums/ac162/jameson78/CCA_MINT-6.jpg CCA_MINT.pdf

I think i'll just draw a simple swirl and send it. (It's going to Barclays) Thanks

alrighty

Hi guys, Here is my SAR request letter I will send out on tuesday. Do I need to sign it? I read somewhere on the board that we are not required to sign anything in relation to endings of letter to DCA and creditors, does this extend to the SAR request? Data Protection Act 1998 - Subject Access Request Dear Sir/Madam Re: − Account Number: xxxx xxxx xxxx xxxx This letter is a formal request to kindly supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:- 1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. 2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor 3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR. 4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold. 5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable). 6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers. 7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied. 8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998 9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed. 10. Copies of statements for the entire duration of the credit agreement. I enclose the statutory maximum fee of £10. You have 40 days in which to comply. If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable. I look forward to hearing from you. Yours faithfully,

more like Farrah Jameson on passport and main bank account but agreement set up as Freddy Jameson Surely could not be deemed as intentional fraud??

I think it is clear by meeting my monthly obligations for over 4 years I did not open the account in my nickname with the intention if taking the money and running... however, I feel that the onus is on the banks to check details as they are lending the money. I think I need legal advice! Any other suggestions would be greatful!

Yes Pinky, As i remember I just told them my name and they opened the agreement. Maybe because my nickname shares the same initial as my Christian name's first letter. I really don't know - it's just bizzare and i have never thought about it in legal terms.

Wow! I am aware that any monies paid to creditors are not recoverable once the account is in default. If the account has no legality due to this bizzare circumstance then I will cancel my direct debits immediately and post the request for my CCA tomorrow. I have been paying over £300 to Barclaycard loans for over 4 years now, never missing a beat, until I came across this website which has enlightened me no end! The really funny thing is that I bank with Barclays and obviously using my passport name, but somehow when i applied for the loan over 4 years ago, it was registered in my nickname (first name) which as i have said does not exist! I have no idea how this slipt through the control systems that are in place but it has! Also paying a small monthly payment to Credit Security for over 9 years, and that account is also in my nickname!! Its really amazing to think how this could be possible and i never questioned this! I just hope Barclays Bank does not close my account due to this error I discovered with my Barclycard Loan - I'm guessing that the two are somehow linked?

Hi guys, My first post after lurking daily for over two weeks now! This is an amazing website and I feel confident and empowered, ready to take on my creditors! Thank you! I have noticed that two of my agreements have been set up in my nickname. For some unknown reason, the account has been set up in a name which technically does not exist - it is not my passport name. I would like to know if I can consider the matter is in default based on this extraordinary case of the agreement name not matching debtor’s name? I am about to fire off a CCA request letter tomorrow and see if they even have the agreement. Thanks for your assistance!