Barclaycard CCA, they want my signature!

[Under Siege]

I sent a CCA request last week to Barclaycard and on reading posts on here I didnt sign the letter.

 

This morning I have received a letter from Barclaycard -

 

"In order for us to disclose information and to continue processing your request we will require the card holders signed authorisation.

As soon as we receive this information your request will be given our immediate attention"

 

What do I do next?

[mazel01]

Hi Under Siege,

 

I have had exactly the same letter from Barclaycard....

 

I have written back to them pointing out that the CCA 1974 does not require a signed letter before they are required to comply with my request.

[MikeSplicer]

See this thread

 

http://www.consumeractiongroup.co.uk/forum/general-debt/117816-barclaycard-asking-signiture.html

 

Great letter from Paul re this

[Under Siege]

Hi Mike,

Thanks for that. it looks like Barclaycard will be receiving the letter from both of us.

 

Good luck

[shirei12]

I have also received the exact same letter. I will be replying with the same:D

[Under Siege]

This should be fun.

 

I reckon that this could be a delaying tactic and therefore I am fairly optimistic.

[Under Siege]

Just another quick question. On the part that says -

 

"My request for a true copy of my credit agreement under section 78 was made on xx/xx/2007"

Do I put the date that I originally sent the letter or the date they claim to have recieved it?

Royal mail website is showing as letter undelivered, however they have obviously delivered it hence the reply from barclaycard!

[pt2537]

Hi undersiege

 

base the date upon the date you posted the letter plus 2 days for posting in the absence of proof of delivery

 

 

so if you sent it on 13th then you would say 15th was when they recieved it as the postal rule is 2 days for first class post

 

i hope this helps

 

regards

paul

[shirei12]

Undersiege did they send back your original letter to you. They sent mine back but kept the £1 postal order. I have electronic proof of delivery of mine for 24th Sept, but a big stamp on the bottom of original letter RECEIVED 4th OCT. Data Protection Services.

[Under Siege]

pt2537

 

So do I ignore the claim on their letter stating that they received the request 8 days after postage?

 

Shirei12,

 

No they did not send back my original letter and I am not sure whether they have banked the cheque yet (Wifes cheque)

[Under Siege]

I have received a response to my letter [see above] apologizing and that they aim to respond in 14 days!! by which time they will be in default.

 

Me thinks they don't have the credit agreement

[pt2537]

I do think you may be right you know;)

[Duffers Mum]

B/C will probably send you a copy of your application form along with separate T&C's and they say they have complied and then farm you out to Mercers. They reply to every letter I send them telling them they are in default with the standard "as far as we are aware, we have complied with your CCA request and will continue to implement our collection procedure blah blah blah" I think the important words here are "AS FAR AS WE ARE AWARE" they send letters from people with posh titles who appear to actually know nothing. I'm letting them get on with it now, be interesting to see how far they take things - good luck, you'll need it with this bunch of muppets!

[pt2537]

Hi Duffers mum

 

Maybe then we need to break it down for them and explain why they have not complied and what regulations they are not compliant with

 

regards

paul

[Duffers Mum]

PT i've tried that and still get the same back, be interesting to see how far they take it, I've not heard from Mercers since my letter to them and Barclaycard, but no doubt they are waiting to pounce!

[Under Siege]

Its now 16 working days since they received the CCA request, they are calling me 5 - 6 times a day, 7 days a week. I never answer but they are filling my voicemail which is driving me mad.

Will the telephone harrasment letter work in this case?

[pt2537]

Most definatley, if nothing else, it gives you more ammo to make a complaint to trading standards for breaches of s40 Administration of Justice Act 1970

 

Regards

 

paul

[shirei12]

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/114828-barclaycard-non-exciting-default.html

 

This is my post, I followed advise here I ignored their letter. I have heard nothing since and they default on 10th. Nov. That will be second default regarding this.

[Under Siege]

So as long as they don't produce the Credit Agreement I shall just keep ignoring them.

But what if they produce it 2 or 3 months down the line? the account will have lots of arrears.

[shirei12]

Im thinking now I should have sent that letter. Barclaycard have reassigned to 1st Credit got letter from them today.Totally ignored my CCA request as I didnt provide my signature.

[MikeSplicer]

I'm with undersiege on this.... I got the sorry for your complaint will respond in 14 days bit. I am still waiting and have heard nada but then again I am still making payments st the mo so they won't be in a rush

[shirei12]

I am wondering if I can send a non compliance letter to Barclaycard. Is it too late?

[pt2537]

Hang on shirei12

 

help is on its way

[Curlyben]

I wouldn't bother sending anything to B'card as they know the law.

 

Here's one for 1st Crud though.

 

Edit as needed

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

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 **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** 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.

*- Delete as needed

Enjoy

 

C&P rulz

[shirei12]

Thank you once again CB,your help is much appreciated. Letter is typed up and going into post today. I cant thank everyone enough for all the good advise I have had here,what would we do without you:D

Keep you posted.

 

PS Should I send recorded mail