Goldfish debt moved to Barclaycard but...

jim2007

Today I receive a letter from Westcot - they are now going to continue with chasing me,even though Barclaycard are getting a regular amount. They have threatened doorstep collectors, legal action and I am so fed up! I thought I was getting somewhere with Barclaycard at last :-(

Goodtimesahead

SallyBeans> Many of the old Goldfish agreements were lost or destroyed during the takeover, oh dear lol! Without a copy of an enforceable agreement, they are stuffed, either ignore or negotiate a nominal F&F but not worth it really unless you can get them to remove the default etc from your credit file as part of the deal, start at 10/15p in the £ or if you can live with the default pay nothing.

DarkConvict

jim2007 wrote: »

Today I receive a letter from Westcot - they are now going to continue with chasing me,even though Barclaycard are getting a regular amount. They have threatened doorstep collectors, legal action and I am so fed up! I thought I was getting somewhere with Barclaycard at last :-(

Read this http://forums.moneysavingexpert.com/showthread.html?t=1837507

SallyBeans_2

jim2007 wrote: »

Send off your £1.00 requesting a copy of your CCA (the template letter is on here).

If like me you get sent back the Terms and Conditions (as I expect you will) and them stating they are met with the requirements, sent this letter which I found on another thread:

Account No: XXXXXXXX

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

I note that you have replied to my CCA Request by sending a copy of Terms & Conditions and not a True Copy of the alleged Consumer Credit Agreement, in line with my formal request. As such, I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act. Just sending the Terms and Conditions is a breach of the CCA1974 and Regulations, apart from the information that the Regulations provide that you may exclude, the copy must be a 'true copy' of the agreement.

This breach of the agreement can be demonstrated by quoting Section 180: s.180(1) (b) authorises:

“the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.”

This refers to statutory instruments made under the heading Copies of Document Regulations and in this care in particular to SI 1983/1557. Before leaving section 180 there are two other sections that should be mentioned, which are;

Section 2(2) (a)

A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

And more importantly

Section 2(b)

A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

You will see that this quite clearly states that whilst certain items may be left out of the copy document, the rest of the document must be in the correct form and contain all items as prescribed by the regulations. Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

The regulations state:

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancellable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations. The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso. Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions. It does, however, state that 'all terms and conditions should be within the agreement document and is explicit of the form in which it is presented'.

In either case, please confirm that you have, in your possession, a credit agreement that is in all ways fully compliant with the Consumer Credit Act 1974, as amended, and the subsequent regulations made there under. For the avoidance of doubt, if you are in possession of such a document, but are unable to supply me with a true copy of it, please outline your reasons why you are unable to supply it to me in your reply. Furthermore, I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as I have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.

I look forward to your response within the next 14 days.

Yours faithfully

Sign digitally


Keep in touch and we can follow each others progress!!! :T

You're Great Jim,:T I'll definately keep you posted, thanks for your great help here! SallyBeans:)

SallyBeans_2

Goodtimesahead wrote: »

SallyBeans> Many of the old Goldfish agreements were lost or destroyed during the takeover, oh dear lol! Without a copy of an enforceable agreement, they are stuffed, either ignore or negotiate a nominal F&F but not worth it really unless you can get them to remove the default etc from your credit file as part of the deal, start at 10/15p in the £ or if you can live with the default pay nothing.

---

Thanks for this advice, it is very helpful!!:beer:
I am on a DMP and wish I'd never paid them anything from day one, now I know this. I am tempted to cancel this month's payment to them, before I even get round to writing the above letter to them. If I do this, they will obviously jump up and down but then I can send this letter and say there was an innocent problem with the payment from payplan, but in the meantime, now I've got your attention, where's the CCA??:p

What do you think of that then??;)