Hi y'all, I'm brand new here so please bear with me and please excuse any smelling pistakes.
After reading loads of stuff I CCA'd Barclaycard, after T's & C's I sent dispute letter, after loads of calls from Mercers I sent harrasment and don't send
DCA
,s letter, then I sent this snotty letter:
BARCLAYCARD. PO BOX 5592 NORTHAMPTON. NN4 1ZY. ACCOUNT IN DISPUTE Dear Sir or Madam, Account number: This account is in dispute with you, Barclaycard and has been since 29 / 1 / 2009, as you failed to comply with my request, dated; 5 / 1 / 2009, for a true signed copy of my Credit Card Agreement. Please refer to previous letters in your possession. AFTER TAKING ADVICE I would like to point out that; Whilst in dispute,- You may not pass the account to any DCA, ( including your in house DCA, Mercers )
( WHICH YOU HAVE DONE ). To do so is in breach of the Consumer Protection From Unfair Trading Regulations 2008, in line with the Office Of Fair Trading's debt collection guidelines, and is also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.- You may not demand any payment on the account.
( WHICH YOU HAVE DONE ). 3. You may not add further charges or interest to the account, ( WHICH YOU HAVE DONE ).- You may not register any information in respect of the account with any credit reference
agency. ( WHICH YOU HAVE DONE ). With respect to item 1. above, I am still receiving telephone calls from Mercers at least once a day despite writing to them regarding this matter of harassment, and requesting that all communication from Barclaycard and Mercers MUST BE IN WRITING. Please refer to previous letters in your possession. As Barclaycard / Mercers are now in default of my Credit Card Agreement Request and are also in breach of all of the above items, I consider this account to be in SERIOUS DISPUTE. As you should be aware, while my Consumer Credit Act Request remains in dispute, and default on your part, enforcement action is NOT permitted and under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. I would therefore request that you remove all default marks from all credit reference agencies, and rectify all of the above mentioned breaches with immediate effect. I will allow 14 + 2 days for compliance to this request, or a letter stating your reasons for non compliance. Failure to reply to all previous correspondence in a satisfactory manner has been duly noted and recorded and any further failures will lead me to file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service ( letters written and awaiting postage if necessary ) and possible court action, which will include passing this dispute, and all correspondence to date, to a specialist legal company who will have my full permission to claim any expenses, charges, fees, costs and damages etc. as they see fit. I suggest you read in full all previous correspondence and respond in writing accordingly. This will ensure that we both have written evidence should this go to court. A ‘Subject access request’ is already written and ready to post if necessary. I hope that this will not be necessary and an acceptable solution ( which must include rectification of 1. – 4. above ) can be accomplished. I would appreciate your due diligence in this matter. Any replies MUST be in writing. Telephone conversations will not be entered into. Yours faithfully ------------------------------------------------------------------------- Have now recieved this letter
barcloycard
Our Pef Barclaycard House
P0 Box 5592
Northampton NN4 1ZY
Tel: 0844 811 9111
2009
Dear
BARCLAYCARD SERVICES
ACCOUNT NUMBER
Ref erence: Section 78 of The Credit Consumer Act 1974
Barclaycard Account Number
I write further to the letter whereby you note dissatisfaction to the documents you received in relation to a request made under Section 77/78 of the Consumer Credit Act 1974.
Firstly, credit cards are regulated under Section 78. Section 78(1) of the Act states that the creditor shall give the debtor a copy of the executed agreement and a statement of account which is practicable to refer. Regarding a statement of account which is practicable to refer, the letters which we send in response to a Section 78(1) request includes this information. To cover the issue of executed agreement.
How does the Act define an executed agreement?
Executed agreement is defined in section 189 of the Act as, a document, signed by or on behalf of the parties, embodying the terms of a regulated agreement
What do the rules say about providing a copy?
The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (the Regulations) made under the Act deal with how we are to provide a copy of an agreement. These Regulations provide that any copy of the agreement supplied to a debtor should be a ‘true’ copy. Regulation 3(2) provides that a copy may omit certain information, which allows you to be provided with a true copy, not a complete copy.
What happens if the original agreement has been varied since it was originally signed?
The Regulations also set out what should happen where the agreement has been varied since it was signed. Regulation 7 provides creditors with a choice of including in the copy of the executed agreement either a copy of the latest notice of variation relating to each discrete term which has been varied, or an easily legible statement of the terms varied. Regulation 7 does not state that the copy of the agreement shall include a statement of the original terms as well as a statement of the varied terms. Regulation 7 allows us to provide you with a true copy which sets out the
terms and conditions current at the time of provision of the copy.
Conclusions in relation to the document we have to provide
A copy of an agreement will satisfy the requirements even if the
signature box and/or the signatures are not included as clarified by Regulation 3(2) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.
The definition of executed agreement refers to a document embodying the terms of the regulated agreement. When this is read with Regulation 7 - for agreements that have been varied - a copy of the original agreement would not embody its terms. A copy of the agreement as varied would embody its terms.
The issue of what is an executed agreement has been interpreted in the High Court. It was held that an executed agreement begins as the credit agreement which is sent to the cardholder when they receive their credit card; therefore, establishing what is the original executed agreement. When the agreement has been varied, Regulation 7 mentioned above applies.
To summarise, if the agreement has not been varied, we must send the original executed agreement; this would be the credit agreement which is currently regulated. If the credit agreement has been varied, we must send the current credit agreement as this will contain the terms of the regulated agreement. We have sent you this and the original executed agreement for reference.
To address any issue about our lack of compliance with Section 60 of the Consumer Credit Act 1974. Section 60 relates to the form and content of agreements. All Barclaycard credit agreements are in compliance with this.
You may state that the application form which we provided you, for reference, when you made a request under Section 78 does not adhere to Section 60. This is not a complete copy of your application form, but rather an excerpt to show you signed a contract with us. When you completed your application form, the document would have been presented to you in full, in a legible
form, and would have adhered to the requirements under Section 60 of the Consumer Credit Act 1974.
I hope this letter has helped with your concerns about the documents you have been supplied with under section 78 of the Consumer Credit Act 1974. As our response fulfils the obligation under Section 78 of the Consumer Credit Act 1974, you should carry on paying the debt you have accrued on your account. We do not class the account as in dispute, you have been supplied with the relevant documentation under Section 78 of the Consumer Credit Act 1974, and we will carry on with collection services. If you send us further correspondence questioning compliance with these areas of law, we are not obliged to respond beyond the statutory response we have already given you. We would require you to provide comprehensive legal and documentary evidence to support your claim to ascertain whether further response is necessary.
Yours Sincerely,
Court Orders and Disclosures
Legal Regulatory Compliance
Yours sincerely
Donna Farley
Barclaycard Customer Services
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So what does it translate to? Is it true or are they trying to baffle me with horlicks? and what do I do next?
It seems to me that they say they can omit just about everything and a copy of the T's&C's fulfils their obligation for a CCA request!
Cheer's very much and sorry if it's a bit long winded.
Barclaycard...gobbledygoo k Translator Required 
