What's the worst thing that can happen! UE diary

[Deepie]

Re: What's the worst thing that can happen! UE diary

Account three
Barclaycard

Type: Credit card

Start: 1995

Balance: £9400

Last 'full' payment: January 2012

Arrangement: No longer making minimum payments

Status: In arrears

Account owner: Mercers Debt Collections

Key: Sent Received Updates


2012
April
23.04 CCA request template downloaded, letter wrote and copy letter placed in a Barclaycard binder.
24.04 CCA request sent to Barclaycard, by Royal Mail recorded delivery and with an unsigned postal order for £1.00.
May
09.04 Letter received reference to Section 78 of the Consumer Credit Act 1974. States that due to circumstances beyond their control they no longer hold a copy of the executed agreement. Regulation 9 of the CNC Regulations confirms that, in these circumstances, for accounts opened before 19 May 1985 (such as mine) the copy agreement they provide may comprise an easily legible statement of the current terms of the agreement, and this will be sent shortly...
10.05 Letter received from Barclaycard with a couple of A4 print outs showing point 1 through to 28 of the terms and conditions of an agreement between us (Barclays) and me. This shows the 'easily legible current terms' they mentioned above on 09.04 regarding regulation 9 of the CNC regulations?
09.06 Letter received from Barclaycard, after stating that they do not have my CCA and they only need to supply an easily legible statement etc. as my account was opened before 19 May 1985 (Regulation 9 of the CNC Regulations, apparently?) the letter says 'We can confirm that we will not contact you by telephone or letter for non urgent reasons; however, should you fall into arrears we will contact by any means etc, etc, etc. This may include telephone calls, correspondence or a representative calling at your home address.

I Would just file that if it was me.......

[ScabHunter]

Re: What's the worst thing that can happen! UE diary

Start: 1995

09.06 Letter received from Barclaycard, after stating that they do not have my CCA and they only need to supply an easily legible statement etc. as my account was opened before 19 May 1985 (Regulation 9 of the CNC Regulations, apparently?) the letter says 'We can confirm that we will not contact you by telephone or letter for non urgent reasons; however, should you fall into arrears we will contact by any means etc, etc, etc. This may include telephone calls, correspondence or a representative calling at your home address.

Eh?

Look at the bits in blue. Something doesn't add up here.

SH

[Deepie]

Re: What's the worst thing that can happen! UE diary

Is that a typo ?........ or did Barcley's really say that in their letter ?

[CharlieH]

Re: What's the worst thing that can happen! UE diary

That's my original typo stating 1995, and not 1985 as is correct. Barclays did type, correctly, 1985 in their letter.

Does this effect the enforceability of the is agreement or is it enforceable?

[Paul.]

Re: What's the worst thing that can happen! UE diary

That's my original typo stating 1995, and not 1985 as is correct. Barclays did type, correctly, 1985 in their letter.

Does this effect the enforceability of the is agreement or is it enforceable?

Makes a huge difference sadly, if the account was opened BEFORE 19th May 1985 then they merely need to send you the current terms of the account.

Also the unenforceability provisions also would not apply as the prescribed terms did not come into force until the above date too

[CharlieH]

Re: What's the worst thing that can happen! UE diary

Account four
MBNA

Type: Credit card

Start: 1998

Balance: £4100

Last 'full' payment: January 2012

Arrangement: No longer making minimum payments

Status: In arrears

Account owner: Link Financial Outsourcing

Key: Sent Received Updates


2012
April
23.04 CCA request template downloaded, letter wrote and copy letter placed in a MBNA binder.
24.04 CCA request sent to MBNA, by Royal Mail recorded delivery and with an unsigned postal order for £1.00.
May
08.05 Letter received from Link Financial Outsourcing Limited stating that on 27.04.12 MBNA assigned them the debt, and again on 27.04.12 they assigned the benefit of the debt to IDR Finance UK Limited. Do I therefore send the 'Account sold whilst in dispute' letter to IDR Finance?
09.05 Telephone call from IDR/Link. I have asked them to contact me by letter only. But they informed me that they are a 'telephone based company'. How unfortunate for them. I did tell them that they had been sold the debt whilst in dispute...
14.05 Second letter received from Link/IDR repeating their letter of 08.05 stating that on 27.04.12 MBNA assigned them the debt. Contact us to pay etc...
17.05 'Account in dispute' letter sent.
24.05 CCA application received today, with the origination date of September 1998, together with a letter from Link stating this fulfills their obligations under Section 77 or 78 of the Consumer Credit Act 2006. There is also a print out of all their current T&C's, together with a second copy of the CCA. I will email these straight away to Niddy.
27.05 CCA deemed unenforceable by Niddy
28.05 Missing Prescribed Terms letter sent to Link after Niddy declared the CCA 'unenforceable.'
30.05 Letter recived from IDR/Link, stating the same content as per their letter dated 08.05. I will ignore, and presume it's just the level of their incompetence that I will have to get use to. I will await their correct response - if any - to my Missing Prescribed Terms letter sent on 28.05
12.06 Letter received from Link, further to my request made under s78. They enclose a copy of the executed CCA, a copy of the Terms and Conditions, and a copy of the Terms and Conditions at termination/assignment; and a statement regarding account conduct. The final statement has no date, states the balance of £4100ish, states the account has been terminated and additional sums and court costs etc.

[Pixie]

Re: What's the worst thing that can happen! UE diary

I assume the cca they've sent is the same as the first one they sent? (I don't know why dcas and creditors think flinging the same rubbish at us will do any good )

I would just wait and see what they send next.

[CharlieH]

Re: What's the worst thing that can happen! UE diary

It is the same CCA, though the statement of account conduct states the account has been terminated? Which goes against post 56-60?

[CharlieH]

Re: What's the worst thing that can happen! UE diary

Account one
Capital One

Type: Credit card

Start: 2002

Balance: £2700

Last 'full' payment: April 2012

Arrangement: £20.00 per month from July 2011

Status: Will default in May

Account owner: CapQuest Debt Recovery

Key: Sent Received Updates


2012
April
23.04 CCA request template downloaded, letter wrote and copy letter placed in a Capital One binder.
24.04 CCA request sent to Capital One, by Royal Mail recorded delivery and with an unsigned postal order for £1.00.
May
02.05 Letter received stating 'the signature on your letter does not match what we have on our records' (no s*** Sherlock, as it was a typeface!!) and they require a 'copy of a document showing my current signature, drivers licence or passport.' They have kept the £1.00 postal order...
02.05 CCA Request - Demand of Signature by Creditor letter sent.
19.05 Second letter of refusal to supply CCA due to lack of signature, as I have signed the letter electronically. This time they state 'under the Data Protection Act 1998 we are unable to investigate your account unless we receive a true signature to ensure we are satisfied with your identity' and 'we feel requesting for a copy of your true, current signature is a reasonable request. In addition, the 12 working day time frame begins after the date of receipt of a satisfactory request.'
21.05 Signature request - formal response, template letter posted.
June
08.06 Letter received from Capital One, after the formal response letter posted on 19.05. They still refuse to supply the CCA due to the 'electronic signature' and they will not process the request until they receive a copy of current signature.
11.06 Information Commissioner's Office letter posted, as per Niddy's reply in post 74.
15.06 Letter received from Information Commissioner's Office, confirming receipt of my complaint over Capital One's Data Protection policy interpretation over my CCA requests.

[CharlieH]

Re: What's the worst thing that can happen! UE diary

Account one
Capital One

Type: Credit card

Start: 2002

Balance: £2700

Last 'full' payment: April 2012

Arrangement: £20.00 per month from July 2011

Status: Will default in May

Account owner: CapQuest Debt Recovery

Key: Sent Received Updates


2012
April
23.04 CCA request template downloaded, letter wrote and copy letter placed in a Capital One binder.
24.04 CCA request sent to Capital One, by Royal Mail recorded delivery and with an unsigned postal order for £1.00.
May
02.05 Letter received stating 'the signature on your letter does not match what we have on our records' (no s*** Sherlock, as it was a typeface!!) and they require a 'copy of a document showing my current signature, drivers licence or passport.' They have kept the £1.00 postal order...
02.05 CCA Request - Demand of Signature by Creditor letter sent.
19.05 Second letter of refusal to supply CCA due to lack of signature, as I have signed the letter electronically. This time they state 'under the Data Protection Act 1998 we are unable to investigate your account unless we receive a true signature to ensure we are satisfied with your identity' and 'we feel requesting for a copy of your true, current signature is a reasonable request. In addition, the 12 working day time frame begins after the date of receipt of a satisfactory request.'
21.05 Signature request - formal response, template letter posted.
June
08.06 Letter received from Capital One, after the formal response letter posted on 19.05. They still refuse to supply the CCA due to the 'electronic signature' and they will not process the request until they receive a copy of current signature.
11.06 Information Commissioner's Office letter posted, as per Niddy's reply in post 74.
15.06 Letter received from Information Commissioner's Office, confirming receipt of my complaint over Capital One's Data Protection policy interpretation over my CCA requests.
20.06 CapQuest calling, and I'm ignoring!

[Paul.]

Re: What's the worst thing that can happen! UE diary

I think you need to meet them head one with this.

What they are doing is incorrect, they cannot refuse to comply with s78 in my opinion unless they are unhappy that they are corresponding with the correct person.

so that begs the question if they are writing to your address are they not happy that it is you? if they are unhappy then they should not be writing to you, if they however are happy that you are the correct person at the correct address then what is their problem.

In any event i would invite them to confirm which section of the 1974 CCA confirms that they must confirm your signature, infact id point out to them that Carey v HSBC confirms they can omit the signature from the agreement therefore what is their problem about a signature

seems to me they are wasting time refusing to comply

[CharlieH]

Re: What's the worst thing that can happen! UE diary

Thanks for you reply and guidance Paul.

[Paul.]

Re: What's the worst thing that can happen! UE diary

Thanks for you reply and guidance Paul.

I once invited the bank to send the papers to my local branch whereby i would produce my identity documents in person and the bank could then vet them to satisfy themselves i was the right person

They had no answer to that lol

[CharlieH]

Re: What's the worst thing that can happen! UE diary

I like it!!! lol

[SaltnVinegar]

Re: What's the worst thing that can happen! UE diary

I once invited the bank to send the papers to my local branch whereby i would produce my identity documents in person and the bank could then vet them to satisfy themselves i was the right person

They had no answer to that lol

This is a fantastic suggestion! Is there any way we can tag this post to the standard template letter thats used in response to DCA's refusing to provide a CCA without a signature?

I would love to be a fly on the wall seeing the confusion this creates!