Hi Stubie

Yes all communication i send to BC is by recorded post (all receipts are kept in a file).

I understand what you are saying and i am confident that all i ever signed with BC was an application form (which i have never received among any documents either) filled out at the airport with an agent (who encouraged me to exaggerate the truth to make sure i received the card) so i never expected them to produce any said document but as conmankiller stated earlier on the post proceedures must be followed.

Hmmm, interesting.

Keep it in your back pocket for now but, assuming these requests were sent recorded (i think they are but haven't checked back to confirm) and you can evidence receipt then there is a DPA compliance failure that may haunt them later.

Building a case is advantageous, even at this early stage.

S

It is worth remembering that the DPA allows some leeway on access requests where data is not stored in a relevant filing system or retrieval is dis-proportionate to the benefit. I'm not suggesting these get-out-of-jail-free clauses are pertinent but they will be used to allow incomplete responses.

In short, they may still have the document but have/ will use(d) this lattitude to evade disclosure.

Typically, if the document is compliant it will be disclosed early to avoid non-payment.

S

Thanks conmankiller will get this in recorded post tomorrow.

Stubie just to confirm after checking through all documents sent to me through the SAR request there are copies of letters BC had sent to me but none of the letters i had sent to them!!

Yes fine, send recorded.!

This is the letter i have drafted in reply to Mercers. Is there anything you think i may have missed or should include?

Thank you for your letter dated 23^rd October 2009 which I received yesterday.

After numerous requests including a CCA request and a SAR request (copies of which are enclosed) any legally executed agreement has failed to be produced to substantiate this allegation of an alleged debt.

Until said reasonable requests are fully satisfied any future correspondence concerning this alleged debt from Mercers, Barclaycard or any other associated company shall be ignored. Any further correspondence shall be treated as criminal harassment as defined under the ‘Administration of Justices Act 1970’

Yes once again many thanks conmankiller will have a go at getting a response to them!!

Stubie in the first envelope all i received were copy statements thou from memory (i am at work and dont have them with me) in the 2nd envelope i received there were copies of the letters Barclaycard had sent me but i dont think copies of the letters i had sent them were included (i will double check when i go home to be sure).

Hi Irishsnowy,

Conmankiller's advice is faultless, as usual, but as a minor aside, within the SAR response, did you get back copies of your correspondance relating to the original s78 and SAR requests?

S

Nothing has changed. Simply send Mercers photocopies of the previous correspondence you have sent to BC, with a cover letter, explaining that só far all your legitimate requests for a CCA and subsequent SAR have failed to be satisfied.... in that no legally executed agreement has ever been produced to substantiate this allegation.(send recorded, good luck with the post)

Inform them that until such time as your reasonable requests are fully satisfied, then you will ignore any future correspondence from either BC, Mercers or any other division or associated company, that should contact you in relation to this "Alleged" debt, contact of which.... you will further treat as a case of criminal harassment, as defined under the, "administration of justices act 1970".

As suspected i have received a letter from Mercers today nothing sinister just requesting i make the payments necessary to bring my account up to date, if i dont they may pass the account to a debt collector blah blah blah.

My question is do i reply to them and if so in what manner?

Your advise much appreciated

That's perfectly okay irishsnowy - If they wish to play that silly game they will only succeed in postponing the inevitable outcome; they can waste their time... we can also co-operate in assisting them with that practice if they so desire. If they do pass it to Mercers......nothing changes, absolutely nothing.!

We still need to inspect the alleged agreement that they would need to produce in court, if they were to rely on it in order to obtain any kind of legal enforcement.

We will cross that bridge when, or if, it ever comes. !

Hi conmankiller

Sounds good to me, i will sit tight and see what they come up with next although i suspect (as quoted in a letter about outstanding payments) it will now be passed to Mercers.

irishsnowy - I believe that the data protection controller of Barclaycard which is a different department has later read your letter above after being forwarded onto them, they have simply discovered that there were a few other documents outstanding which they have failed to forward to you for the purposes of them satisfying their obligations to your earlier SAR request. (you did remind further, in the above letter) They are obliged to provide everything they hold about you according to the law, no matter how trivial the papers may seem.

It does not remove from the prime consideration; that they have so far failed miserably to provide the all important valid and legally executed credit agreement if indeed it exists.?

Your last letter above was another direct open challenge for them to either provide this alleged CCA, or alternatively have the decency to inform you the matter is closed. Until they provide a satisfactory response..... or a valid CCA, then the situation remains in stalemate.

Do absolutely nothing (you also informed them headed, "Consequently".... there would be no further contact, in the above letter) for the present time being, at least not until they have the common courtesy to respond in relation to your last letter above. !

Hi

I have received another response from Barclaycard SAR containing a load of computer printouts but yet again nothing even resembling a credit agreement (not even a copy of the same i received from CCA request)

The covering letter reads:

Further to a recent request received, we enclose copies of information held by Barclaycard.

We have also enclosed some general information about the purposed for which data is processed and an explanation of the Bank's credit scoring systems. The bank is obliged to provide this information even though some of these matters may not specifically relate to your personal circumstances.

I'm guessing since the supposed "agreement" hasnt turned up within these documents am on the home straight?

So any suggestions on where i go from here?

Many thanks for your continued support

irishsnowy

Hi Conmankiller

Thank you once again without your direction i wouldnt have a notion!!!

I will get this in the post today recorded.

Irishsnowy

Irishsnowy - The deed is almost done, I suggest you now send them a last letter below by recorded delivery, they obviously cannot find a CCA or it does not exist for the alleged debt, otherwise a copy would have had to be forthcoming before this late stage, if they wish to seek any kind of legal enforcement.

After the CCA requests and a SAR have been made, they have still failed to provide the obligatory documents, if they were to now try take court action by mysteriously or suddenly producing a valid CCA, the courts would take a very dim view of the creditors unreasonable actions and decide they have contributed to the case not being settled long before it had to drag on so far and eventually appear in front of them.

................................................. ...................................................

Name, Address & Date.

Dear Sirs,

Account No: XXXXXXXX

I refer to previous correspondence, and in particular my previous requests in which I made a formal request under the Consumer Credit Act 1974 (CCA 1974) s.77-79 for true copies of the regulated agreement refered to in the above account number. You are reminded that you are obliged to supply these under s.189 of the CCA1974 whether you are the original creditor or not. I also enclosed the statutory fee of £1.00 for this purpose.

To date you have failed to comply with my statutory request and have defaulted in respect of this disputed account (the account is in dispute and will remain so until you provide the alleged agreement). Additionally this alleged agreement is unenforceable until such time as the default is removed or enforced by a court of law. It is a further offence to attempt to enforce this alleged agreement and until such time as the default is removed.

Consequently I am ceasing all communication with you until such time as this matter is resolved. As you are no doubt aware, the CCA1974 s.77(6) clearly states:

"If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement"

Therefore this account has become unenforceable at law. Furthermore, you may also consider this letter as a statutory notice under s.10 of the Data Protection Act (DPA1998) to cease processing any data in relation to this alleged account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply you must, within 30 days, provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 30 days I expect that this means you agree to remove all such data and if necessary I will seek enforcement to disclose using CPR 31.16.

I remind you further of my recent SAR request under the "data protection act 1998" asking for disclosure of all documentation you hold that relates to or about myself. In my letter which clearly outlined that I required ALL the information held in reference about myself, I did not only request statements which is all you have managed to supply. If that is all that is held then under the pre-court protocol procedures you would be viewed to have acted unreasonably in the unlikely event an alleged agreement mysteriously appeared the courts would take a very dim view if the matter could have been settled by you acting within the law at a earlier stage.

You should also be aware that you are not permitted to take any action against me whilst the alleged account remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies:

You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.


May I suggest you stop playing me for a fool and start by acting responsibly and to the letter of the law. I am not accepting your excuses and the clock is ticking, you have a further 14 days from the date of this letter in which to supply me with a copy of the alleged agreement. Failure to do so will result in you having 30 days from the date of this letter in which to supply me with a detailed reason as to why you believe you have the right to continue to process my data.

Alternatively - I await your prompt response to confirm you now consider this matter is fully closed within the next 14 days.

Yours faithfully,