No CCA request received barclaycard

[carriesue]

I am in such a pickle as where to begin first to reclaim from Barclaycard. I do apologise if I appear thick!

I have been hounded by their debt collector's, namely Power2Contact, Mercers, Calder and now Debt Managers in Edinburgh.

Due to illness I have only been making token payments direct to Barclaycard. They are aware of my situation but are still continuing to charge interest.

My questions are:

Do I send off a CCA request OR a Prelim letter along with Hardship Claim OR an SAR.

Do I send whatever letter to Barclaycard or to Debt Managers.

Do I continue to make token payments to Barclaycard or Debt Collector.

Sorry I'm not catching on to the procedures.

Many Thanks

[clemma]

Is this for a credit card, loan or bank overdraft?

[carriesue]

It's a credit card.

Thanks

[clemma]

How long have you had the card?

 

Send the following letter to Debt Collectors:

 

Dear Sir/Madam

 

Re:− Account/Reference Number xxxx xxxx xxxx xxxx

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

Send it recorded delivery. PRINT your name and do not sign and include a one pound postal order. They have 12+2 working days to respond. If you receive no reply, or they fail to send an enforceable agreement then you can stop all payments until they do (that's if they do)

Edited February 27, 2009 by slick132
a/c no removed, just in case!

[carriesue]

Thank you for your help. I have had the account for 20-25 years.

[clemma]

The chance of Lewis finding a valid CCA is about zero. Send that letter off first and see what happens with that.

[carriesue]

The chance of Lewis finding a valid CCA is about zero. Send that letter off first and see what happens with that.

Thankyou Clemma will keep you informed

[slick132]

Hi CarrieSue,

 

If you know there are penalty charges on the a/c, set about reclaiming these for starters. If you don't have all your statements for the last 6 years, send BC a SAR. Read Link No1 in my signature if you haven't read up on Reclaiming Charges.

 

If you know how much the charges add up to, roughly how do they compare to the a/c balance now.

 

Sending the CCA request, set out in post #4 by Clemma, to the DCA is the best idea. BC would just send back your T&C's for the a/c but sending to the DCA may hold them off a while.

 

Continue with the token pay'ts until they fail to respond to your CCA request (12+2 working days). Then pay no more, if that's what you want, or need, to do.

 

Come back with any Q's.

[carriesue]

I received a reply re CCA which was a standard 'conditions of use'.

The letter enclosed states;

Please find enclosed a copy of your latest agreement. This is a statement of the terms of your agreement with us and incorporates any variations to the terms made since you entered into the agreement. However, the interest rates have now been omitted and the fees and charges have been suspended and no longer applicable due to the current status of your account.

As your current account is now in a recovery programme, further information relating to the current state of your account can be obtained directly from your Recovery Team or Debt Management Agency.

This completes our obligation to you under Section 78 of the Consumer Credit Act 1974.

 

What does the above actually mean please

Many Thanks

[maroondevo52]

Threads Merged.

[clemma]

Send them this letter if the only thing they have sent is new T&C's

 

Dear Sirs,

 

Account Number: XXX

 

Re: your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

 

I note that you have replied to the above by sending your companies current Terms and conditions I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act.

 

To clarify, just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement.

 

This breach of the agreement can be demonstrated as follows;

As you will know section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.” This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557.

 

Before leaving section 180 there are two other sections that should be remembered these are:

 

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

 

And more importantly

 

Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

 

You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations.

 

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

 

The regulations state:

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

 

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations.

 

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

 

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions.

It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

 

I hope this explains why your reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues

 

Yours faithfully

__________________

[carriesue]

Thank you very much. Have been looking for a non compliance letter template to send to another creditor, as received no reply re CCA any help appreciated Sorry to be cheeky.

[clemma]

No problem. Non-compliance dispute letter

 

Dear Sir/Madam

 

I DO NOT ACKNOWLEDGE ANY DEBT

 

ACCOUNT IN DISPUTE

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account is now in default as of **DATE**.(12+2 days after you sent the CCA request)

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore;

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as 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.

 

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 not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,

[carriesue]

On the 22/02/09 I wrote to Barclaycard requesting a CCA.On 29/03/09 I received 'Terms and Conditions' from them.

21/03/09 I wrote an non compliance letter and received on 3/04/09 another 'Terms and Conditions' along with a letter. One paragraph states;

 

Please find enclosed a copy of your latest executed agreement. This is a statement of the terms of your agreement with us and incorporates any variations to the terms made since you entered into the agreement. However, the interest rates have been omitted and the fees and charges have been suspended and no longer applicable due to the current status of your account.

As your account is now in a recovery programme further information relating to the current state of your account can be obtained directly from your Recovery Team or Debt Management Agency.

 

My question is what do I do now. This account was taken out in 1986 I also have another credit card account that I have not received a CCA from just demands for payment.

Many Thanks

[cerberusalert]

Send them this;

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as 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.

 

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 not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

 

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

PRINT NAME (DON'T SIGN)

[carriesue]

Thank you very much. Just as a matter of interest if I do not receive the required information what do I do next.

Thanks again

[cerberusalert]

As the account is in dispute you can legally withold any payments that you are making and they must desist from any collection activities. Given the age of your cards it is not unusual for Barclays to be unable to produce an enforceable CCA. Until they contact you again you really don't need to do anything further, in effect the a/c is now in limbo.

[carriesue]

Thank you so, so much for your assistance you have been a great help. Will post 'A/C in Dispute letter and await outcome. Thanks again.

[carriesue]

On 12/02/09 I sent a CCA

15/04/09 I sent a non compliance

21/04/05 Account in dispute letter

On 05/05/09 I received a letter from Apex

Quote

With reference to your above mentioned account with MBNA please accept thias letter as official notification that Apex Credit Management has purchased your account and all rights,interest and claims in respect of all amounts outstanding on this account as of 20th April 2009 have been assisgned to Apex Collections Ltd. Your account became active with Apex Credit Management on April 28th 2009 and therefore all future discussions regarding the repayment of this debt must be directly with Apex Credit Management Ltd.

Your personal data will be used for the purposes of collecting the outstanding balance from you. It may also be combined with other data relating to you and which may be obtained from third parties where that is deemed necessary for verifying the accuracy of the data or for the purposes of collecting the outstanding balance.

Unquote

On 11/05/09 I received a letter from Barclaycard apologising for the delay in replying to my letters and enclosing a copy of terms and conditions.

The account was originally with Goldfish. The account numbers Barclaycard and Apex have stated are different from the orginals.

Sorry this is so long any help what to do next please?

[1mansquest]

The most important aspect is whether they supplied you with a copy of your original signed agreement or not, and I suspect not. Although they shouldn't sell your account on whilst in dispute, if they do, it usually means they can't find the agreement and the cheapest alternative is to sell your debt to a DCA.

 

It doesn't really matter who now owns the debt, because they too must provide you with a copy of the original agreement in order to prove the debt exists and that it conforms to the CCA regulations.

 

Keep your nerves and hang-in there.

 

1MansQuest

[carriesue]

Thank you.

Shall I contact The DCA and still continue to make token payments?

[1mansquest]

It all depends on your original motives. Why did you CCA them and then claim a dispute? Do you want to find an unenforceable agreement or no agreement, and then begin negotiations for a full and final settlement? Or do you want to stop paying them altogether?

 

It's definitely easier to continue paying if you can afford it, or you could negotiate a substantially reduced monthly payment until your finances are in better shape.

 

Either way, you do need to contact the DCA. But before you do this, determine exactly what you really want from this whole process and lay the law down accordingly, with the help of everyone here at the forum.

 

The specifics of what to do next depends on your answer to the above.

 

Hope this helps.

 

1MansQuest

[slick132]

Hi CarrieSue,

 

In theory, BC should not have sold the alleged debt when the a/c was in dispute. Clearly from the dates you give, the a/c was in dispute.

 

However, I think your best move now is to send a CCA request to Apex with the £1 fee.

 

When considering what you want to do about this, bear in mind that you can now reclaim from Apex all penalty charges made to the a/c in the last 6 years, regardless of whether they or BC can produce a valid credit agreement.

 

They (Apex) have bought all rights to the a/c, including the liablilty for unlawful penalty charges which were levied on the a/c.

[carriesue]

I requested a CCA from Barclaycard in Feb 2009. Since then my debt has been passed to Mercers then to Debt Management who stated 'our client is unable to provide any details and we have closed our file and returned it to them'

I have sent Non Compliance and Account In Dispute letters. In July I received two letters from Apex demanding payment.

I would appreciate any help as I did not think the debt can continue being passed on to different debt agencies whilst in dispute.

Thank you

[maroondevo52]

Hi,

 

Send your latest 'chasers' this.............

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

 

Regards.

 

Scott.