2 Questions Please

[wjg]

Please could you answer the following 2 questions;

 

1. If a DCA writes back asking for a signature on a CCA request is there any reason why i could not sign it with a signature I have never or would never use. Eg, my signature has always been a combination of my intitials and surname but i could sign it with my first and last name and then would be able to prove this is not my true signature?

 

2. Is there any possibility that Barclays could transfer money from my credit card to a debt they are chasing on an overdrawn current account?

 

Thank you in advance.

[saintly_1]

The answer to question 2 is if they are both held by Barclays then Yes .... its called the right to offset

 

Question 1 I will leave to a debt expert

[cerberusalert]

If they've asked for your signature before they comply to your CCA request send them this;

 

Dear Morons

 

Thank you for your letters dated ......, the contents of which have been noted.

 

You denied my reasonable request to supply me a true copy of the original Consumer Credit Agreement for the above account which I requested in my letter dated ....... I supplied the statutory £1.00 fee as a Postal Order which is regarded as a universally accepted form of payment.

 

First I’d like to ask if you could clarify which piece(s) of legislation, or law(s) in the UK where it is written that a CCA request is only acceptable when accompanied with a signature.

 

I would further advise you that I have sought advice today from the Information Commissioners Office, with regard to the postal order you returned. Their advice is that this was a “correct” payment and therefore 12+2 days for compliance should start from the ...... meaning you have just ...... to comply, as of the date of this letter. They further advised should you not accept this, that I should make a formal complaint to the Information Commissioner.

 

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

If the creditor fails to comply with Subsection (1)

 

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

 

This letter has been sent by recorded delivery, in order to avoid any further delay in this matter.

 

We look forward to hearing from you.

 

Yours faithfully EDIT AS REQUIRED

Print name do not sign

[cerberusalert]

2. Is there any possibility that Barclays could transfer money from my credit card to a debt they are chasing on an overdrawn current account?

It would be wise to open a 'parachute' account with an unrelated banking group such as the Co-operative.