Frightened about my future

mouseann

Thanks NID,

I really didn't want to nag but woul have sent a reminder in a couple of days time!

The agreement came with the "standard" Barclaycard letter -I have three of them now - identical to the first one I sent to you.

The agreement was for a totally different person - only thing was, she has the same surname! The address, first name and occupation was totally differet.

Not sure whether I mentioned this - and whether it will make any difference - the agreement was originally with Morgan Stanley, which was subsequently transferred to Barclaycard. This wrong agreement is headed Morgan Stanley.

Not sure whether it was a simple error or not - it does seem a huge coincidence that two people with identical surnames would be requesting a CCA at the same time!

I can email you a copy of the wrong agreement if it helps.

And as for replies, I think I like option c) smart arsey sarcastic!

Thanks yet again!

never-in-doubt

mouseann wrote: »

Thanks NID,

Not sure whether it was a simple error or not - it does seem a huge coincidence that two people with identical surnames would be requesting a CCA at the same time!

I can email you a copy of the wrong agreement if it helps.

And as for replies, I think I like option c) smart arsey sarcastic!

Thanks yet again!

Hiya

It does seem like a simple error, coincidentally, what is the start date of that agreement and is it signed? lol, gives you an idea of what they are like I s'pose - also your agreement HAS to be a MS one as well, NOT a Barclaycard one.... however yours, as it is variable, will need the following documents sent with it:

Agreement as at the time of account inception (start date)
Terms as at that time (from MS)
Terms at the change to Barclays (from BC)
Terms as at now (i.e 2010 - from BC)

So, back a step - can you confirm was all you got the agreement, no terms or anything? This is paramount... I need to know exactly what MS sent you (MS = Morgan Stanley/BC = Barclaycard)....

Was it the items I listed above, or just the cover letter and agreement thing?

mouseann

Hi,

Have checked the documents - apart from the standard covering letter there was

an application form - signed by the person with the same surname, dated 17 April 200

half a page of small print A4 headed "financial and related particulars" - this does not contain any person specific information

5 A4 pages from Morgan Stanley headed "Terms and conditions of the Morgan Stanley Dean Witter Card and Cheques", followed by a box saying "this is a copy of you agreement". Again, this is not specific to any person.

Hope this helps.

Thanks.

never-in-doubt

mouseann wrote: »

an application form - signed by the person with the same surname, dated 17 April 200

half a page of small print A4 headed "financial and related particulars" - this does not contain any person specific information

5 A4 pages from Morgan Stanley headed "Terms and conditions of the Morgan Stanley Dean Witter Card and Cheques", followed by a box saying "this is a copy of you agreement". Again, this is not specific to any person.

Hope this helps.

Thanks.

Hi Ann,

Ok, send this back to them - edit the red text with the real name and address of the person on the CCA you have - send a copy of the agreement back, so they can see their error. You must retain the copy you have, as it is proof of their shortcomings - should we need to barter with them at a later date

Dear Sirs,

Account No: XXXXXXXX

I refer to my letter dated XX/XX/XXXX in which I made a formal request under the Consumer Credit Act 1974 (CCA1974) s.77-s.79 for a true copy of the regulated agreement referred to in the above account number.

You kindly returned some documents to me which, as you can see from the copy attached, is not mine. I am fully aware that you have little, to no regard for the Data Protection Act but must I continually remind you that it is a severe breach of said Act (s.7 sch.1) to send out other peoples documents to the wrong person? The fact that you have actually failed to comply with your obligation, puts this account into immediate unenforceability status and the dispute remains in place until such time you provide the original document, as requested.

I am also formally reminding you that should you attempt to send a similar document as before, I will immediately respond with a counterclaim because, as we both know full well, an application form does not constitute fulfilling a s.78 request and as such, the account would remain unenforceable.

So, to date you have failed to comply with my statutory request and have defaulted in respect of this account. Additionally this alleged agreement is unenforceable until such time as you come out of default or enforced by a court of law. It is a further offence to attempt to enforce this alleged agreement until such time as your default is revoked.

Consequently I am ceasing all payments to your company until such time as this matter is resolved. It is also my intention to report this matter to the appropriate enforcement authorities especially regards to the fact you sent me a cover letter, all good and well, with an application form taken out by a ENTER FULL NAME HERE who lives at ENTER ADDRESS HERE, which is clearly not me!

I await your prompt response.

Yours faithfully



Sign digitally

savingwannabe

~Gosh this looks complex. Ann you stay so calm well done. You are in safe hands now.

Wow a meeting!!!! but i am going to be on a quick trip to London. My schoolfriends have planned a reunion somewhere close to Buckingham Palace. We have been told to keep the dates free.

If there are any others in the summer let me know. It will be nice to see all the helpers on here to buy you a pint to say thanks!!!

Haven't been up North for ages. I live in Waterloovile, close to Portsmouth. Lovely sea air and all that. Actually it is lovely here.

:j

mouseann

Thanks NID,

That sounds absolutely brilliant!

Will send it off tomorrow and await their response.

Do I also need to contact the "enforcement authorities" - whoever they may be - or is this just something to keep on hold for the future?

Eternally grateful!

never-in-doubt

mouseann wrote: »

Thanks NID,

That sounds absolutely brilliant!

Will send it off tomorrow and await their response.

Do I also need to contact the "enforcement authorities" - whoever they may be - or is this just something to keep on hold for the future?

Eternally grateful!

Hiya

Nooo - just sent the letter with a copy of the dodgy CCA (recorded remember) and see what they reply with. You are basically telling them that you'll complain, to let them know you are familiar with the law surrounding the CCA..... they will know that by the time the ICO look at it, they'll have sent the proper one to you - however, it's still a breach but we won't pursue it - its really not worth it.....

mouseann

Thanks yet again, NID,

It is you who are familiar with the law, not me! But I VERY grateful that you are ......

savingwannabe

NID can we nominate you for some kind of award for being so helpful? Who can we email?

:j

never-in-doubt

mouseann wrote: »

Thanks yet again, NID,

It is you who are familiar with the law, not me! But I VERY grateful that you are ......

Hi Ann - nooo, technically you are, because you're writing to them (well I am on your behalf but they don't know that)! At the end of all this you'll also learn a quite bit so long as you ask me if you're unsure as to a specific point..... you'll soon know what to do, but to be fair I kinda guessed the outcome from day one when I seen your creditors, considering they are dire it was always looking good for you.... shame for them you've joined here and found us - but great for you :rotfl: :rotfl:

Still feeling calmer now? It must be a great feeling knowing you're now in control, telling them what is what? hehe - that's what most people say...