Reply to CCA Request and SAR Request

[suemaidens]

Hi, Can anyone help me. I have received a reply to both my CCA and SAR Requests to Barclaycard neither of which contained a CCA just Terms and Conditions and loads of data sheets etc. I wrote back to Barclaycard asking for a copy of the CCA and telling them that I thought the account was in dispute. I have now received a long winded (3page) letter from Barclaycard stating several sections of the Consumer Credit Act 1974 and also saying that a "copy" of the agreement is enforceable even if the same is unsigned. I repeat I have not had sight of any CCA just Terms and Conditions. Barclaycard say they do not consider the account to be in dispute and that the debt is enforceable and they have fulfilled their obligations and no further correspondence will be dealt with unless I provide "comprehensive legal and documentary evidence to support my claim ....."

Suffice it to say they are calling all the time chasing the debt. I am a little in the dark now and don't know what I should do next.

Any help would be great.
Thanks
Sue Maidens

[refie999]

This is just a standard reply from Barclay's, try this letter


Account in dispute letter - If you received a useless copy of T&Cs in response to your request

Quote:
YOUR NAME
YOUR ADDRESS

CREDITOR’S NAME
CREDITOR’S ADDRESS

TODAY’S DATE

ACCOUNT REFERENCE NUMBER

Dear sir/madam

Thank you for your recent letter sent to me dated [DATE] the contents of which are noted.
However, the document(s) supplied received by me do not fulfill your requirements under the Consumer Credit Act 1974.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated [DATE].Upon receipt of the original request the specified account legally entered into disputed status.

My request remains outstanding. An application form does not constitute a true copy of a credit agreement and that which you sent does not even contain all the prescribed terms and is not 'properly executed' in accordance with the Consumer Credit Act 1974.
Please see the enclose copy of an application form for my Customer Happiness training services. As I am sure you will agree, by sending you a copy of this application form, it would be ridiculous for me to claim that it constitutes an agreement between us for me to train your staff.

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

You had until [DATE] to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you.

Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a request for the agreement. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on [DATE] and subsequently committed an offence on [DATE]

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. If you do not have any signed credit agreement in relation to this alleged debt, please confirm this to me in writing. Failure to comply with this request may result in legal action in relation to unlawful and potentially libelous reporting of my personal data to 3rd parties.

I would appreciate your due diligence in this matter.

I look forward to your reply.

Yours faithfully

TYPE OR WRITE YOUR NAME DO NOT SIGN IT

and a copy of this might help

Send this letter if a company/bank is calling you repeatedly - just replace the red bits with your information, or change to suit your needs.

Your Address
Town
City
Postcode


DATE

Company Name
Address
Town
City / County
Postcode

Re: Harassment by telephone


ACCOUNT NUMBER: XXXXXXX

Dear Sirs

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I consider to be personally harassing.

Please note that I have asked on numerous occasions not to be contacted by phone. Your company and the agencies you have subsequently appointed to act in your regard have consistently ignored this request. If this is not adhered to, I will be forced to follow legal steps.

I now require all further correspondence from your company to be made in writing only.

I have stated that due to the inordinate number of phone calls that I was receiving daily (on occasion these have numbered more than xx calls per day) even though I instructed your office not to call me, you were in breach of Section 40 of the Administration of Justice Act 1970 and would be reported to the Office of Fair Trading for the same. As these phone calls have now started again, in addition to the breach above, I will also be filing criminal charges under Section 2 of The Protection from Harassment Act 1997, if you or your representatives call me ONE more time.

Yours faithfully,



Your Name

[suemaidens]

Thanks for this however I have already sent the first letter which you suggest and this is what Barclaycard replied to with the long winded response. However in both the letter sending out the T&Cs and the long winded response they say "your original executed agreement will be sent under separate cover". This has never arrived!

Would it be worth writing back and saying this has never been received?

Thanks for the Telephone Harrassment letter I will send this as well.

[refie999]

It won't do any harm to let them know CCA has not arrived. If they have one it will be simple to send it out.

[geekspeak]

Just a quick question roughly how old is the account??

[suemaidens]

At least 9 years possibly more.

[geekspeak]

Are the 40 days up for the SAR?? If so report them to the Information Commisioner tell them that you sent an SAR and it is incomplete.

I can see no reason for barclaycard to send your CCA under seperate cover. If they carry on phoning you and sending you letters report them to Trading Standards as they have not complied with your CCA request.

I don't know where they get an agreement is enforeable if it is unsigned from.

61.
Signing of agreement.— (1) A regulated agreement is not properly executed unless—
(a)a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and
(b)the document embodies all the terms of the agreement, other than implied terms

Section 61 CCA

[suemaidens]

Thanks for this. They did reply to the SAR but it just enclosed loads of data sheets nothing else. I will carry on fighting the fight and let the forum know how I get on. Thanks once again.

[Smasher]

If there was no copy of the agreement in the SAR, then the request has not been fulfilled..

[suek]

Thanks for this. They did reply to the SAR but it just enclosed loads of data sheets nothing else. I will carry on fighting the fight and let the forum know how I get on. Thanks once again.

hi sue im going round in circles with barclaycard , sent for credit agreement monthes ago ,they sent me terms/conditions. sent request for SAR nearly 4 mths ago, theyve cashed the cheque for £10, i sent them a letter asking if they could send me SAR they replied thed had no request for 1, sent them another 2 letters giving them more time still nothing so ive just reported them to ICO ,how long did u have to wait for you SAR? :thumbsup:

[suemaidens]

I waited about 20 days for the SAR - however I received several deliveries from Barclaycard which including data, correspondence and Terms and Conditions but no CCA. I am still fighting with them - I will keep you posted on developments.

[HellsGranny]

Do you have Telephone Preference? It would be a thought to get it, as it can help in stopping some of these calls.

If you haven't already, send the Harrassment by Telephone letter, then just refuse to speak to them. Alternately, start recording your calls to use in evidence, but you must tell them calls are being recorded. say something like'Calls are being recorded for Evidence Gathering Purposes', and they'll probably ring off, sharpish.

Amother thing is to ask your phone provider for a new number because of the harrassment, this should be free from BT, not sure about other providers.

Cheers, HG

[geekspeak]

Sue

Wait until the 40 days for the SAR are up and the report them to the Information Commisioners Office. After that time if they still have not produced a CCA then i would go for a full and final settlement of the account at a vastly reduced rate. Point out that they do not have a CCA include the section from the CCA 1974 i put in my previous post and see what they say. Make sure that you put WITHOUT PREDUDICE on any letter asking for a full and final settlement this way it cannot be used against you in court. Also point out that any settlement must include removal of any adverse data from CRA's in relation to this account and get this in writing.

[AndyRVTR]

Hi guys... in this letter it states....
If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on [DATE], and subsequently committed an offence on [DATE].

I sent my original letter dated 25th November 2009, the date that Barclaycard entered into default (12th working day) would in my case be 11th December, my question is where it states they 'committed an offence', how can I send this letter 'now' if that date (30th day) is not until 10th January 2010!.... does this make sense????

[Smasher]

The offence bit is arguable. A creditor might send any old piece of toilet paper with some T&Cs on it and claim that it is the CCA. The ICO don't seem to be interested in following it up, so even if it is an offence, nobody has yet managed to do anything about it as far as I am aware..

[geekspeak]

The offence bit was repealed in 2008 by The Unfair Consumer Practices Directives.

[Smasher]

Thanks geekspeak, I ought to edit the letter.

[Smasher]

Hmm, maybe I won't its not there! Which letter did you use Andy?