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  #1  
Old 26-12-2007, 07:13 PM
powerful_rogue powerful_rogue is offline
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Default PR vs Barclaycard Default

Quote:
Barclaycard
1234 Pavilion Drive
Northampton
NN4 7SG

123 My Street
My Town
My County
AB12 CDE

Date: 21st June 2006
Card Number: 12345678912345


Dear Sir or Madam

After recently obtaining a copy of my credit file from all three credit report agencies, I was concerned to note that your company has placed a "Default" notice against an account in my name.

Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) (for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a 1 postal order in payment of the statutory fee, PO Serial Number 1234 567890.

2. You must supply me with a signed true and certified copy of the original default notice

3. Any deed of assignment if the debt was sold on

I would request that this data is provided to myself within the next 12 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

I contacted your customer service department on the 20th June 2006 to reflect my new address. My previous address was 12, Old Street, Old Town , Old County, CD34 FGH. To confirm my identity incase your system has not been updated, my date of birth is 1st January 1900 and the credit limit for the account was 1000.

Yours faithfully



Powerful Rogue
The above was sent in June 2006. No reply was ever received so I contacted call credit to remove thre default.

After many letters backwards and forwards they swore blind that they did not hold any information about Barclaycard on my credit file.
I currently get all my credit reports from CheckMyFile and even sent call credit a copy of it, yet they still denied holding the information.

In the end I just left the matter, however im now chasing it back up again. Ive sent of a fresh CCA request and even applied for my credit file online with call credit - I'll catch them out this time! Im also going to rub their noses in it when I see the Barclaycard entry on there!

I'll keep you updated!

**Note - this account is long closed and settled. Im only applying for the CCA so I have extra points to throw at them when I write to get the default removed - currently due to drop off in may 2008.

I'll keep you updated
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  #2  
Old 28-12-2007, 09:56 AM
powerful_rogue powerful_rogue is offline
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Default

Received a copy of my CCA request today.

In the letter it stated:

Quote:
Please note I have passed your letter on to the relevant department who will be dealing with any queries relating to a Default Notice. To contact Lowell's Group please call XXXXXX
So it appears it was Lowell that placed the default on my file and not Barclaycard.

Below is a copy of the credit agreement they sent me. From first impression could anyone advise it meets the specified layout as defined in the CCA, as to me it dosent. I cant see any signature or date from Barclaycard or the term "Credit Agreement" at the top.

Also I find it worrying how the PPI has been built in with no option to opt out



Lage Version
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  #3  
Old 28-12-2007, 10:32 AM
ian1969uk ian1969uk is offline
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Default

It doesn't appear to have the prescribed terms but they also have no obligation to comply with S78 on a settled account.
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Old 28-12-2007, 10:41 AM
powerful_rogue powerful_rogue is offline
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Default

Quote:
Originally Posted by ian1969uk View Post
It doesn't appear to have the prescribed terms but they also have no obligation to comply with S78 on a settled account.
Thanks for your reply. If the credit agreement is incorrect, should they then remove the default currently held on file?
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  #5  
Old 28-12-2007, 11:31 AM
powerful_rogue powerful_rogue is offline
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Default

Also one more point. In the letter Barclaycard sent with my CCA the stated:
Quote:
The outstanding balance on your account as of the date your account was passed to Lowell's Group was 1,254.38
However the default amount showing on my credit file is 1,253.

I'll also advise of that inaccuarcy.

The main question is though - as the Agreement dosent meet the specified format, does that mean the default should be removed as the agreement is unenforceable (even if the account is closed?)

PPI -Your comments on how this has been applied to the agreement with no option to opt out.

Thanks

Dave
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  #6  
Old 28-12-2007, 08:14 PM
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Perseus Perseus is offline
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Default

It is (in my opinion) irredeemably unenforceable, and unexecuted.
THIS IS a genuine 100% application form.
No dual purpose - no CCA1974 HEADING, although the standard cca74 statement in the signature box is relevant but not convertable.

ppi should not be compulsory, and in this case is seems it is assumed you have wanted it. The statement re ppi does not compel the applicant to agree, but without crossing this section out - is pre-determined to accept it.

No executing signature from the creditor
No credit limit
No APR
No repayment schedule
No rate shown for ppi calculations
No mention of charges, default fees or declaration that charges for late payments etc etc may be added - and no dec for stating the charge level to be applied
No terms/conditions

With the above - they do not have a valid regulated agreement to support ANY DEFAULT that may have been issued on this account.
I personally would challenge, and threaten-and follow through with legal action.
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