Barclaycard CCA, they want my signature!

[pt2537]

yes most definatley, you want to keep a record of the letter being sent for sure

 

Regards

paul

[Under Siege]

I was already 1 payment in arrears when I sent the CCA And even though they are in default of my CCA request they keep calling me 5 or 6 times a day 7 days a week.

I will send them a telephone harrasment letter. Mind you I do enjoy answering their calls and handing the phone to my 2 year old ( It is helping to develop his speech wonderfully ! )

[pt2537]

Definatley send the letter and make a note of each call,time and date it will be perfect ammo for Trading standards for a S40 Admin of Justice 1970 Prosecution if you make a complaint to them and they do indeed prosecute

 

just something to bear in mind,

 

and its good to see your 2 yr old is learning communication skills from an early age:D

 

 

Regards

 

paul

[The GodMother]

get your 2 year old to say

 

bite me im juicy wibble.

 

Its a joke of a tv programe that i cant remember the name of. I told abound that a few weeks ago and they have stopped calling me now.

[Goldlady]

My kids are so used to hearing OH telling DCAs that I am in the bath! I seem to spend my entire life there but apparently they will not intrude into your bathroom - they will ring your neighbours () and send threatograms and postcards but they won't bother you if you are naked:o. The kids are all now fully clued up about nasty people ringing but I have yet to let them loose on any DCAs as I dread to think what they would say!!!

[The GodMother]

well i hope the kids lear to say astuff like.

 

wheres my CCA?

No CCA no debt

and the classic feck off

[Goldlady]

Dear DCA

No CCA

How will you get

A CCJ?

[Under Siege]

6 weeks have now passed since they cashed my £1 cheque.

 

I received this letter this morning -

 

"Thank you for your patience whilst our investigations continue. As we investigate your concerns you will be kept fully advised of developments and we will contact you again by 20th December 2007"

 

Should I just hang fire?

[pt2537]

yeah, give em the rope and let em ..........

[Under Siege]

And on the very same day that I get a letter from Barclays virtually admitting that they have no credit agreement I get an answerphone message from Mercers!

[Duffers Mum]

Under Siege, its infuriating isn't it. You appear to be in a slightly better position than me as they have sent me an application form and 6 sets of T&C's, however although they admit the wrong documents were sent originally and credited my account with £300 interest and unauthorised charges, they still passed it to Mercers who sent a default notice and have now resorted to sending their threats in pretty blue envelopes which look like letters from a friend! I've reported to TS who are now looking into everything for me. Good luck

[The GodMother]

yeah, give em the rope and let em ..........

 

 

Hang them selfs, swing?

[Under Siege]

Still no CCA,

 

And today ................................................(fanfare)

 

A default notice from Mercers How nice.

 

I'm going to knock up a letter to send but I would also like to add a paragraph about their threats to register details of my account with a credit reference agency. Because as they have no agreement, they do not have my consent to process my information.

 

Can any of you peeps point me in the right direction of a template letter?

[pt2537]

can you post a copy? ive a letter on file which i gave another member for this sort of situation so if you can post the default notice i can look asnd see if its compliant with the law and if its the same as the other case i have a perfect letter up my sleeve

 

regards

paul

[Under Siege]

Here you go -

Mercers_frontpage.pdf

Mercers_backpage.pdf

[pt2537]

yep its exactly the same

 

 

hahaha, got em by the balls

 

so no agreement then but a default notice, i think we need to slap a letter to them

 

regards

paul

[Under Siege]

Many thanks Paul,

 

You are always so quick to help, I owe you a beer mate.

[pt2537]

 

XX/XX/2007

Dear Sirs,

Account no xxxxxxxxxxxxxx

Re: my request under the Consumer Credit Act 1974

 

 

I note that you are acting as agents to Barclaycard therefore I draw your attention to the facts below.

 

This account is in Dispute .

 

 

You attention is drawn to the fact that this account is subject to a serious dispute. On xx/xx/2007 I requested ********** supply me a copy of the credit agreement covering this account pursuant to the Consumer Credit Act 1974 section 78. To date ******* have failed to comply with my request and have totally ignored my written reminders sent via recorded delivery of this fact. Without production of the said agreement I am unable to assess if I am indeed liable for any alleged debt to you or ******, nor does it give me any chance to evaluate whether any original agreement was ‘properly executed’ as required by the Consumer Credit Act 1974

 

 

Since no document has been sent in response to my request under s78(1) Consumer credit Act 1974 I have also been unable to check if the document contains the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required.

 

If a credit agreement does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

 

 

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

In addition to the above, I note you have recently sent me a Default Notice under S87 (1) Consumer Credit Act 1974. I am sure you are aware a Default Notice is needed before a creditor can terminate the agreement or demand repayment. However the default must be accurate and comply with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561). The document purporting to be a Statutory Default Notice does not comply with the requirements of regulation 2(2) SI 1983/1561 and schedule 2 of the same document for the following reasons

 

Firstly, the document does not state the name and postal address of the creditor. I note that your address is present; you are not the creditor under this agreement. Also the document does not sufficiently state the nature of the breach and term of the agreement, which has been breached. Also the statutory terms, which are required to be capitalized, are not

 

For example

 

“IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH ”

 

Or

 

“IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU [OR A SURETY]”.

 

However on your Default Notice these statements are shown in lower case and therefore not in compliance with the Consumer credit Act 1974 or the regulations referred to above

 

Also the regulations require the Default Notice to contain a statement in the following form—

"IF YOU ARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP AS SOON AS POSSIBLE. FOR EXAMPLE YOU SHOULD CONTACT A SOLICITOR, YOUR LOCAL TRADING STANDARDS DEPARTMENT OR YOUR NEAREST CITIZENS' ADVICE BUREAU".

 

This excerpt is taken from the SI 1983/1561 itself and clearly your copy of the Default Notice does not contain this required statement either. There is a body of case law, which has confirms that where a statutory default notice issued under section 87(1) not compliant with the Consumer Credit Act 1974 and the subsequent Regulations it does not allow a creditor to terminate the agreement or demand repayment etc. In addition your attention is drawn to the fact that Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful termination of contract which would not only prevent a court enforcing any alleged debt, but give me a counter claim for damages via the ruling in the case of Kpohraror v Woolwich Building Society [1996] 4 All ER 119

 

Therefore you would be rather foolish to attempt to add any adverse data to my credit file while this account is subject to a Serious Dispute

As it stands, the document supplied by Barclaycard is not a valid credit agreement nor is it enforceable by any court

 

What I Require

 

Firstly, I require all correspondence in writing from here on; any persistent attempts to contact me by phone will be reported to Trading Standards.

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement is unenforceable as it stands and the default notice is non compliant, it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

 

I respectfully request a response to this letter in 14 days

 

 

I trust this out lines the situation

 

Regards

 

 

 

 

 

how about that one then, amend to suit and send it to the pillocks

 

regards

paul

[Under Siege]

Paul,

 

You have come up trumps again,

 

I would add more reps, but the system won't let me.

 

Regards

[pt2537]

youre truly welcome, let us know how you get on

 

Regards

paul

[Under Siege]

In 2 days time they will be committing an offence, I will therefore make a formal complaint to the OFT (not that they will actually do anything about it)

[Under Siege]

I keep getting letters from Mercers asking me to call them asap to discuss the matter further

I am going to make a formal complaint about Barclaycard, whats the procedure and who do I make it to?

Is it Trading Standards or OFT and should it be by letter or telephone.

[Under Siege]

I have just received my statement and they are adding late payment charges, over limit charges and interest of around £90 whilst they are commiting an offence!!!

[The GodMother]

As that is an offence you may be able to reclaim those charges.

[Duffers Mum]

Under Siege, I contacted Northampton TS via their web site, it took 2 or 3 goes but they are now looking into things for me and are in discussion with Barclaycard. Things have gone rather quiet on the B/C front since TS's involvement, long may it last. I've not heard from Mercers since the blue envelope trick a few weeks ago.

 

Not sure if you've seen my thread about B/C but they have admitted they sent the wrong paperwork and have refunded over limit, late payments and interest charges for 3 months, I've written back saying they are still in default and so I want a full refund of all interest and charges! Probably explains why I haven't heard from them. I await my next statement with interest.

 

Give TS a go, you've nothing to lose. Good luck