CCA Advice

Tink82

Hi all,

I have an outstanding debt from Barclay's from almost 6 years ago, defaulted a few years back and it now sits with Robinson Way. I requested a CCA back in Nov, they replied to tell me they are on to it, I then got a further letter to say they where still looking for it.

Back in Jan I sent a copy of this letter;

Thank you for your letter of 18/12/08, 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 the 06/11/2008 I called your company requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79), to which you acknowledged in writing, dated 18/12/2008 stating you have been unable to provide this information.

To date you have failed to comply with these requests in any way.

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

In my call on the 06/11/2008 I made a formal request for a copy of the signed, executed credit agreement for the above account under Sections 77-79 of the Consumer Credit Act 1974. 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 you enter into a default situation.

These limits have expired.

As you are no doubt aware section the Consumer Credit Act states:

If the creditor fails to comply with Subsection (1)

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

And

(b) If the default continues for one month he commits an offence.

Therefore this account has become unenforceable at law.

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 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.

Pleas supply me with a copy of your complaints procedure in writing.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

On the 9th Jan I rec a letter stating that they can confirm my account is on hold whilst they request a copy agreement from Barclays, and that it is processed in line with the Data Protection Act 1998.

What in the world do I do about that?! Should I just carry on waiting?

tealady

Just bumping for the morning peeps

Tink82

tealady wrote: »

Just bumping for the morning peeps

Thanks!

GeorgeUK

Need to clarify something here.

In the letter you have put

On the 06/11/2008 I called your company requesting a copy of the credit agreement

If you have not made the request in writing with the £1 fee, then i don't believe this is a legally binding request.

Any idea when it will becomes statute barred?

As long as you put at the top of all letters "I do not acknowledge any debt to you or any company you represent", you shouldn't have much to worry about. So far they have not provided an enforcable agreement, but if you wish to press this, i think you will need to make the request in writing with the £1 fee.