debt management problem

fomirster

Hi Oldboy,no you don't have a statement of account. And this is your main issue regarding the debt. You have the right to know exactly what and for who they are trying to collect and how it's broken down.

I Can't remember if you sent a SAR request to the origional creditor?

I think as you have received back an application form from 2003, you could send a questionable agreement letter like this:

Address

Date

Dear sir/madam

Thank you for your response to my request under the Consumer Credit Act section 78 on
In your response you confirm this as a true copy of the original agreement executed by (add name) on the XXXXX.

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any (prescribed terms / signature) means that a court would be prevented from enforcing it under s127(3).

I am granting to you a further 21 days to produce a copy of an executable agreement. After that I will consider that the above account is closed and that you will no longer pursue the alleged debt.

You have also failed to produce a statement of account to date.

After this period you should close the file and cease processing any personal data relating to me on this matter.

Yours faithfully

This is a possible route you can go down regarding enforcability and would put them in their place.

However I believe your issue was regarding the fact that you had paid the debt off on a DMP. So more details need to be uncovered regarding this. So obviously a statement of account and the SAR results will help you to piece this together

oldboy282

hi not manged to get hold off barclays yet. have sent account in dispute letter and inbetween them getting it recieved a letter saying people send for cca to delay paying and to make contact. also had 2 phone calls.

fomirster

Yes they are saying this a lot lately. It is your right under the CCA to have this information, so stuff them, they have to comply. Do not make contact , the ball is in their court.

If they send you a questionaire to fill in, then don't. This is their new tactic. You are not obligued , so don't

Never speak to them on the phone, only in writing. If you accidently answer then refuse to answer their security question.

Your doing well, so don't worry, their is nothing they can do to you at the moment

oldboy282

hi not managed to contact barclays. have sent account in dispute letter in the between them recieve in recieved a letter from them saying people use cca to get out off paying and should phone them asap. They have phoned 2.
Have today recieved a letter saying will provide info at earliest conveniencus .And to assist our policy to achieve exellence, in order to understand rationale or ur request , we ask ut to fill in below boxes. the boxes are
Do you believe that this account was fraudulently taken out in your name?
Do you believe that you may have had this account however you cannot remember the specific details?
Do you dispute the outstanding balance?
Have you lost you oroginal paperwork relating to this debt?
Do you confirm the debt is yours however you contest the enforceability of repayment?
Do you think someone woould open an account in your name and subsequently service this account with monthly repayments.

any advice do i fill it in ?

fomirster

Do not fill this form in. Report it to the OFT & TS . Sending you a questionaire is not a valid responce to a CCA request, this is a trick in getting you to admit debt in writing.

You have no legal reason to fill it in. This is their latest dirty tactic which started in the last two weeks. I have already posted today, please read two posts ago

oldboy282

Hi not sent a sar to original creditor is it worth ago ? And will send them the above letter as well thanks for all your help much appricated.

fomirster

Yes, I believe the SAR results could shed a lot of light on the situation. It will disclose all the information that the origional creditor has on you, including all computer logs, which may give you an indication to who the company you used were

oldboy282

hi had a phone call off hfo not asking security questions wanted to know y we had not returned there form told them wasnt want we asked for and that they did keep correspondence to being in writing and hung up. guess in he is in wrong for asking questions with out veryfing who we are. do i need to send them anything else as we sent account in dispute letter ? on the 10th feb 2011.

oldboy282

On the letter asked for response within 14 days and we have had is the form which was nothing really to do with the request.

fomirster

Hi, well done for putting them in their place.

If the 12+2 working days are up, then send them the account in dispute/failure to comply letter. Whilst an account is in dispute no legal action can be taken to recover any debt.

Yes you are correct, they shouldn't be discussing your account without verifying your identity with security questions, you should report their actions to Trading standards through consumer direct website