MKDP Claimform - Barclaycard **Claim Discontinued**

[Nivagey]

Ok thanks, thats a bit clearer. I will send another request letter this time a Civil Procedure request and see what they come back with. Thanks again for your help!

[Nivagey]

Can anyone help? Yep this is still going on and on Barclaycard sent me a 4 page T&C which includes the credit agreement (see attached) (so say) but they could not produce anything with my signature on it! It has now been passed to Mercers, Power 2 Contact, Calder Financial and Credit Solution. I was sent a letter from Credit Solutions today (please see attached)quoting something that they do not have to provide me with proof of my signature or even date! Can anyone advise as to what I should do now? Thanks

 

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Edited December 22, 2015 by dx100uk

[cerberusalert]

Personally I would ignore them for now & then as soon as they threaten legal action send them a CPR request.

[Nivagey]

Hi Cerberusalert I have already sent that letter to Barclaycard back in February and it just keeps going around and around. Today I got a letter from Power 2 Contact threatening me if I dont respond to them within 72 hrs they will be sending the debt collection to my house. Wht I dont understand is how can Credit Soulutions state that they do not need to produce my signature or even a date of me signing the credit agreement? Can this be the case? Thanks

[cerberusalert]

Send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/590-letter-used-when-a-dca-threatens-a-doorstep-visit-

 

Posted by Enron http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/182098-debt-collection-service-going-2.html#post1990463

 

 

If they are in default of the CCA request, and are requesting payment of funds they could find themselves in very hot water.

 

Technically that is enforcing an agreement whilst they are legally barred as section 78(6) CCA is in force.

 

I have it confirmed to me by the Office Of Fair Trading that a creditor in default of a s78(1) CCA request, may not enforce an agreement at all either with or without a court order until the request has been completed.

 

Here are the pages I had in response to an enquiry:

 

http://i26.photobucket.com/albums/c104/telso/1-8.jpg

http://i26.photobucket.com/albums/c104/telso/Image2.jpg

http://i26.photobucket.com/albums/c104/telso/Image3.jpg

 

The CPR letter is this one;

 

Their address

 

 

****NOTICE UNDER CIVIL PROCEDURE RULES***

 

reference

 

 

 

 

 

Dear Sir/Madam,

 

 

This is in acknowledgement of your letter dated ................and also of .............The contents of which have been duly noted.

Further to you stressing that County Court proceedings will be actioned by yourselves should I fail to make contact/stressing that proccedings are about to be commenced in regard to alleged sums outstanding and alleged owed by me on the above account,I remind you of Civil procedure rules protocols. Nevertheless in my response to your letter please be advised of the following.

 

 

I put forward that you now have a requirement to provide me with;

 

 

1) A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. Please note that a "true copy" as defined by the Consumer Credit Act will not be acceptable in this case, and a copy of the actual executed agreement, including signature, is required.

 

2) All records you hold on me relevant to this case, including but not limited to

 

1. A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

3. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by me with........... is required.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I make this request to ensure that each party has equal footings which can allow action to proceed speedily fairly and without undue costs or waste of courts time,as defined within Pre-action Practice Directions -Protocols 4.6 of the Civil Procedures Rules.

I will give you 14 days to respond with the above,failure to comply will result in a complaint being made to the Court./In addition to the FOS for any breaches of OFT and CCA codes.This includes breaches as a result of initiating a Country Court claim where failing to provide or produce documents make litigation improper..

Specifically this relates to one or any number of the following;

 

* demand any payment on the account, nor am I obliged to offer any payment to you.

* add any further interest or charges to the account.

* pass/sell the account or outstanding balance to any third party.

* register any information in respect of the account with any of the credit reference agencies.

* issue a default notice related to the account.

 

Furthermore,I reserve my right to make a copy of this letter available for inspection to the Court and Financial/Consumer regulators should you fail to comply with this request.

I await your response,and should you need further clarification on any of the above points,then I suggest that you direct them to your legal department.

 

 

 

Yours Faithfully/Sincerely

 

 

 

 

......................... . (not to be signed) Print name

 

 

Dated..........

[Nivagey]

wow thanks for this..Im going to read all of this and act. Thank you so much mate, much appreciated. Kind regards.

[Nivagey]

Hi, This is a reply received today from "Credit Soultions Ltd" regarding their recent letter informing me that they did not have to provide an exact copy of the credit agreement to satisfy section 77 (1). As I pointed out to them my CCA Request letter to Barclaycard dated 30/11/2009 STILL had not be fulfilled, and that I am awaiting the required documents. Does this latest attempt or offer seem like they are now desperatly clutching at straws to get me to pay anything? Or is it their attempt to satisy the court that they have tried everything to resolve the issue and it is due to myself that it has gone to court?

 

Thanks

 

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[cerberusalert]

Does this latest attempt or offer seem like they are now desperatly clutching at straws to get me to pay anything?

Yes, just carry on ignoring them.

[Nivagey]

Cheers mate will see what happens next. Thanks again !

[Nivagey]

Hi again

I got this letter today from Credit Solutions Ltd. They now admit that the account with Barclaycard "could" enter in to a dispute, despite my informing them that Barclaycard still have not sent me the CCA to which I had asked for back in 2009, only a set of recent "Terms & Conditions" and definatly nothing with my signature on it.

The paragraph in the letter regarding to the OFT guidlines "if your account is proved unenforceable" we would continue to aid you in clearing your balance...blah blah...and the debt would simply not be "written off" would I be correct in thinking that they now have some what admitted they can not take it to court? but will still chase me anyway??

letter today http://tinypic.com/r/zmglyp/4

Thanks

[cerberusalert]

Send the idiots this;

 

 

Dear Sirs,

 

I write in response to your letter dated XXXXX

 

Your letter is incorrect and frivolous, you are fully aware of legally valid reasons why no payment has been made on this account, namely that the agreement which underpins this account has not been supplied despite a perfectly valid request and furthermore, it is suggested that notwithstanding the failure to supply a copy, the agreement itself is improperly executed, devoid of all prescribed terms and deficient in respect of detail relating to APR, total charge for credit and statements of rights ,remedies and protections as required by schedules 1,2 and 6 Consumer Credit Agreements Regulations 1983

 

Therefore the agreement as outlined in section 65 (1) Consumer Credit Act must be laid before the court to be granted an enforcement order before any further action can be taken

 

It is my view that the court would not grant such an order due to the deficiencies that I have outlined within the agreement, further more this has already been raised with Monument yet I note they have still assigned the account over to yourselves and the absence of any documents disproving my points itself speaks volumes

 

Therefore, I would indeed welcome the opportunity to place this before the court. furthermore should you proceed with threats to issue a statutory demand/ court claim I will make an immediate application to have it set aside for the grounds outlined above, also I shall refer the judge to this letter when the matter of costs falls due.

 

I trust this outlines my position clearly enough for you

 

Yours,

Print name do not sign.

[Nivagey]

Hey thanks for this, I will get it in the post as soon as possible. Best regards.

[Nivagey]

Hi again,

 

Got this reply letter from Credit Solutions to the template letter you advised today http://tinypic.com/r/352m7v7/7

 

Looks like they are just going around in circles, or deliberatly missing the point. Any ideas as to a reply? Thanks

 

ps Their quote "this will be our final response on this matter" can I use this in my favour it it goes to court?

Edited September 9, 2010 by Nivagey
forgot to ask question

[cerberusalert]

Just ignore them for now. They've stated it's their final response so you may as well make it yours until another DCA crawls from under a rock.... which they surely will.

[Nivagey]

Ok mate thanks, I will sit tight and wait then! Thank again

[Nivagey]

Hello,

 

Right lol got this letter today from "Moorcroft" this is DCA No 5. They have sent me simmilar on another account in dispute. Am i right in thinking that they are just fishing or they mean business? I have sent them the CPR letter today. But if they had any case surely 1 of the 5 DCA,s would have taken it to court? Thanks

 

http://tinypic.com/r/2qko16t/7

[BambiBaby]

Hi

i think i am a couple of steps behind you in same kind of circus with barclaycard/mercer etc. I keep writing for my CCA - signed copy, they keep sending me a copy of what they allege i have signed. Does this ever end? I had 7 text messages from Mercer in the space of time it took me to take a shower earlier. I have actually answered one of their calls - told the lady i was paying £1 a month, told her it would be paid through my bank on 15th and she said 'ok, sorry to have bothered you' - HUH?? i don't believe that's the end of that for one millisecond!

 

I haven't got to the point of saying that i don't believe that a signed agreement exists yet but i guess that part is inevitable. Reading other peoples experiences is keeping me sane though!! thanks!

[Nivagey]

Hi,

 

Well im glad this helps a little I just wish they would actually do something instead of threatening all the time. Is it normal though to have it passed to 5 DCA,s? As for phone calls, I had all my mobile and home numbers changed not heard a peep from any of them (only by letter) which is very nice. It is comforting to know we are not alone though so that thought hepls a little. Good luck and and keep watching my progress I will keep posting my updates

[rhos123]

Hello,

 

Right lol got this letter today from "Moorcroft" this is DCA No 5. They have sent me simmilar on another account in dispute. Am i right in thinking that they are just fishing or they mean business? I have sent them the CPR letter today. But if they had any case surely 1 of the 5 DCA,s would have taken it to court? Thanks

 

http://tinypic.com/r/2qko16t/7

 

hi, that is a bog standard threat o gram from moorcroof, not worth the paper it is printed on, moorcroft have indeed many pre - divisions, ignore them all!

[Nivagey]

Hi,

This is the response letter from Moorcroft today after my CPR letter was sent 2 weeks ago. One sentence is a bit confusing

 

http://tinypic.com/r/x2487n/7

 

http://tinypic.com/r/2iix549/7

 

"Could you please confirm to what extent, if any, you are prepaired to admit liability for any credit advanced to you"

 

As for the opening letter statement about them in the process of requesting a copy of the CCA. This has been requested back in December 2009 on numerous occasions.

 

Any Ideas how I should reply or do I simply ignore? Thanks again !

Edited November 18, 2010 by Nivagey
Left second part of the letter out :(

[victoria_siempre]

Hi Nivagey

 

I'm no expert, but hate to see unanswered post.

 

It would be dangerous and therefore unwise to reply to that question.

 

You have alternatives:

 

1. Ignore

 

2. Repeat your CCA request.

 

best wishes

 

vic

[Nivagey]

Hi,

 

Thanks Vic

Guess thats good advice! Im not sure why though they are asking me to admit to "anything"? "If" they do have the CCA and are "un willing" for me to view it, surely they would have started court proceedings months ago? This is the 5th DCA to handle it for BC. None of the other 4 DCA's ever produced the CCA and it s been a year now!

 

It does sound like a Bluff to me but its nice to hear other peoples experiances views too

 

Thanks again for you help.

[Nivagey]

Hello,

 

Today (xmas eve) I got this letter from Moorcroft. They previously wrote responding to my CPR letter to them, that they have contacted Barclaycard and have requested my CCA, now this was 5 weeks ago they claimed this!. Bearing in mind I have requested this now for over 1 Year, from many many different DCA's (including Barclaycard them selves).

 

http://tinypic.com/r/3149kie/7

 

Any ideas as to how long before they will produce what I have asked for?

 

Merry xmas to you all!

[citizenB]

Just dont hold your breath !!

 

Meanwhile, have a read of the attached document which has been produced in association with the OFT in respect of debt letters.

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/debt-letters.pdf

[Nivagey]

Thanks,

 

I will read shortly Is court action likely if they will not allow or produce the CCA to you before proceedings start?

 

Cheers