25 Days Late,3.5 Kilos Of SAR Arrives With 1989 Agreement

[middenmess]

This response was near 2 months ago and have been defaulted and then terminated within the default period since then--plus 2 letters from Albion.

 

The letter was an amalgamation of CAG letters plus this and that.

 

I'll dig it out tomorrow and PM you a copy if you like--its nothing exceptional just the basics really-the response you receive just seems to depend on which child has permission to do the cut and paste on the day that they receive your letter.

[summerbreeze]

Ok please send me a copy .. thanks

I am terminated but no other letters ... yet !

[slick132]

Hi MM,

 

Please post the letter here so others can see what was said - better than doing it by PM.

 

[middenmess]

Hi MM,

 

Please post the letter here so others can see what was said - better than doing it by PM.

 

 

 

This is what I sent-as I said nothing special.

 

 

Dear Ms.Gartshore,

I write in reference to the letter dated x August 2009 that I received on x+1 August 2009 which was a very late reply to my request received by you on x July for a true copy of the credit agreement for the above account pursuant to s.77/78 of the Consumer Credit Act 1974. The time frame within which this was required to be supplied to me expired on x August,2009 and at that time as advised by letter to you,the account entered into dispute.

What I asked for was

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 that 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.

What you sent me was in your own words

'a copy of your reconstituted version of your current terms and conditions'

If I may refer you to a recent letter from the enforcement department of the Office Of Fair Trading,which explains exactly what is required...

 

“The copy of the executed agreement need not be an exact copy but it must be a ‘true copy’ and not some reconstruction of what the original might have been and it must contain the same terms as the original. Where the terms have been varied as provided for within the agreement, the copy of the original agreement must be accompanied by a document setting out the current terms, as varied. Certain details may be omitted from the original agreement e.g. the signature, but the debtor must be in no doubt as to the true nature of his obligations under the loan.

 

Should no original agreement be in existence it is very hard to say that the copy the creditor offers to the debtor is, in fact, a true copy as there would be no original with which to compare it. In our view the onus of proof would be on the creditor to show that the copy is a true one and where none existed he may have difficulty discharging this. Neither should creditors suggest that a consumer has signed a credit agreement where they are unable to provide evidence to support this — to do so is likely to be a misleading action under Regulation 5 of the Consumer Protection from Unfair Trading Regulations 2008 (the CPRs) and would also constitute an unfair or improper business practice.”

As you have failed in your legal obligations in this matter I now consider this matter to be in serious dispute and as such I copy below relevant sections of my second letter to you. This was signed for on x August and as of today's date has not been acknowledged.

~

x August,2009

ACCOUNT NUMBER: Visa Card-xxxxxxxxxxxxxxxxx

Account In Dispute

 

Dear Sir/Madam

 

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 x July,2009 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8.

 

 

This was sent by Recorded delivery and was signed for on x July,2009.

 

 

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 that 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.

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement and any other documentation that the Act requires to be carried out before the alleged account enters into a default situation.

You have failed to comply with my request as this limit has expired and as such the account entered default on August x,2009.

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 counter claim 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 other 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 now require all further correspondence and communication from your company to me to be made in writing only.I am of the view that any harassment of me by telephone will put you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.If you go against my legal right for all correspondence and communication to be in writing only and harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

 

I reserve the right to report any such actions to any such regulatory authorities as I see fit.Be advised that any telephone calls from your company or your representatives or any company acting on your behalf may be recorded and used in the support of any claim that I make against you.

 

 

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

 

I would appreciate your due diligence in this matter and I look forward to hearing from you in writing.

Yours faithfully

[middenmess]

Hi Slick-I'd appreciate your comments on my last post on this thread if you have the time please.

http://www.consumeractiongroup.co.uk/forum/barclaycard/210825-1993-terms-conditions-worth.html