Reply to a letter of Barclays

jermaindefoe

After requesting a default notice from the bank (barclays) i got sent a termination letter, i have written a respnse and was wondering if someone could check that it was ok?

Dear Mr Conley,

Thank you very much for your swift response to my letter. I would like to start by saying that in your letter to me previously you stated that I should contact you if either of the two previous balances were not showing as satisfied on my credit report. I would like to take this opportunity by saying that the balance of £79 is still showing as unpaid and I would like this to rectified please. This was on account number xxxxxxxxx

Secondly, after a comprehensive read of the consumer credit act I have found the following information which has been taken as a direct quote;
Section 87(1) of the 1974 Act allows the creditor to send you a default notice giving you fourteen days from the date you receive it to pay the arrears. The default notice must contain all of the necessary information under the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 ('the 1983 Regulations'), which includes
i. a statement saying the notice is a default notice served under section 87(1) of the 1974 Act
ii. a description of the agreement
iii. the name and address of both the debtor and the creditor
iv. details of the breach (i.e. late payment) and, if the breach can be remedied, the date by which it must be remedied or, if the breach is not capable of remedy, the amount required to be paid after the expiry of the specified date;
v. a statement saying: if the action required by this notice is taken before the date shown no further enforcement action will be taken in respect of that breach
vi. a statement saying: if you do not take the action required by this notice before the date shown then the further action set out below may be taken against you
vii. a clear and unambiguous statement saying that if the action is not taken by the date specified, what it will do (for example, if will it terminate the agreement and recovery possession of the motor vehicle)
viii.if the agreement is one of hire purchase or conditional sale, a statement saying: but if you have paid at least one third of the total amount payable under the agreement set out below (or any installation charge plus one third of the rest of the amount payable). The creditor may not take back the goods against your wishes unless he gets a court order. (In Scotland, he may need to get a court order at any time.) If he does take them back without your consent or a court order, you have the right to get back all of the money you have paid under the agreement set out below
ix. if an amount of money is required to be paid, the amount before deducting any rebate on early settlement
It comes to my direct attention that you have not sent me a letter of default notice, but however a letter of termination. In thinking that you will proceed to tell me that Barclays don’t issue statements of default but only termination notices I have read through and found the following irregularities with what the Consumer Credit Act dictates.

The following sections have been, in my opinion left out of the termination notice and therefore do not comply with what I asked you to produce me;

·(ii) a description of the agreement
·(v) a statement saying: if the action required by this notice is taken before the date shown no further enforcement action will be taken in respect of that breach
·(x) a statement saying: if you do not take the action required by this notice before the date shown then the further action set out below may be taken against you
As previously stated, all I wish is for a true copy of a “default notice” to be sent to me in order for me to try and remove something from my credit rating that I believe shouldn’t be there due to me not being able to recall receiving them in the first place.
If the possibility of removing the default notices from my credit score can be resolved in a more simplistic way then I am open to talking, but until I receive legitimate evidence of the default notice I shall continue to write to you.
Yours Faithfully

tyllwyd

Sorry I can't help with your letter - but if those are your real name and account no details, it's probably best to edit them out because this is a public forum, just to be on the safe side

jermaindefoe

thanks for the reply tyllwyd, i thought i removed all details from the top but i missed the accout number lol!!!

do you know where i would be best to post the letter for help, or am i in the right place?

Leixlip1

The Consumer Action Group site is also an excellent place for advice - lots of legal-eagle types on there!