hi peeps, im new and could do with some advice.

[SwAn]

hi guys and galls, my name is adam, im 20 and live in lincolnshire. i have recently finished my brainwashing, sorry i mean education and after finding out about the freeman movement through John Harris ive recently sent off my notice of understanding and intent and claim to right and was waiting for my response (which i cant say i was expecting). i am currently unemployed and after gaining the knowledge i have gained i wanted to have a poke at the grand illusion. i have had a active bank account since i was eighteen but it had gone pretty much unused as i never have felt drawn to money and never begged, sorry i mean applied for any ema etc. about a month before i sent my notice, barclays had sent me a letter telling me i could increase my overdraft, but i never replied or contacted braclays in any way. although i have no admiration for the worthless promissory notes this society passes around, one day while waiting for the ten day period of my notice to pass, remebering about the overdraft i went to see if i could create some,lol. so i went to my nearest barclays cash point, it told me that i had 2 pence, however £150 was available available to me, so i withdrew it all. after about 10 days, guess what happened, i received a letter telling me about my overdraft and that i was going to receive a £22 reserve usage fee starting after 14 days blah,blah standard stuff.
so i sent a letter back saying:

Adam: Swan
address
05/08/2009

REF: blahblah
Account Number: blahblah
Dear Mr A Harris,

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

I enclose the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

I look forward to hearing from you.

Yours faithfully


Adam: Swan
Human Being

i signed the letter with my signature without prejudice.

i then received an envelope with a cover letter saying we are sorry you have had to contact us blahblah. This letter was to Mr Adam Swan with a hand written signature, the accompanying letter was semi handwritten and was addressing me as Adam Swan (hand written with no Mr anywhere, followed by a hand written address) the letter then read:

dear Sir/Madame

thank you for your recent letter requesting information held under section 77 of the consumer credit act.

unfortunately we cannot proceed with your request due to the following reason(s):

0 LOAN (the word loan was in capitals and underlined) sort code missing/invalid
0 LOAN (again in underlined and in capitals) account number missing/invalid
0 signed consent from the account holder is required
0 other: the other box was the only one that was ticked and read. the account quoted on letter relates to a current account. you have no loan on our system(this was hand written)

please can you resubmit your request with above information, to enable us to provide your response.

thank you for cooperation.

suggestion and advice would be welcome
love and light
ADAM: OF THE SWAN FAMILY

[carmi1942]

hi adam.
my name is glen.
would you please e-mail your intent and claim to right .to carmi1942@yahoo.com
if i may i would like to add your info to improve my intent and claim to right.
i posted my intent and claim under .please help me make improvements.
thank you
glen

[huntingross]

hi swan

They presumably don't consider overdrafts to be loans under the CCA...and that is probably so.

It just sounds like a standard proforma slip with some written stuff on it.

[IamallthatIam]

In that case , notice them, demanding evidence for this overdraft facility that has been set up. i.e a signed contract with BOTH WET SIGNATURES etc, showing that you are party to the agreement and have consented to except liability for repayment etc

Very warm welcome to the forum BTW it is great to see our numbers still growing , and growing very quickly. Looking forward to hearing loads more from you, Adam

Love and light
Angie x x x

[SwAn]

hi peeps, thanks for all the responses, they confirmed what i was thinking, ill notice them giving them my understanding, and ask for the wet signatures. should i also ask them to validate there loss as well, and more specifically am i looking for the contract with a signature from them making it bilateral (which i understand they wont be able to provide as barclays is a fiction and cant sign shit). i imagine they are just waiting for me to show intent on the unilateral contract (which im not even sure exists) and start paying, like a loan or credit card.
cheers for everything guys, i would appreciate if someone could confirm if i am correct in thinking that an overdraft works just like a loan but probably isn't covered in the CCA that i referred to in my first letter.
love & light
ADAM: OF THE SWAN FAMILY

[BaldBeardyDude]

I remember that my ex account (YAY) had, in its terms and conditions, the overdraft facility covered comprehensively. I am afraid if you signed a form when opening the account, you may have contracted to this facility, m8.

If you can find them look them over. If not - ask them for a copy of the T & C of your account.

[SwAn]

thanks baldybeardyman i haven't ever signed any contract specifically concerning an overdraft, however it could have been part of the originally contract when i opened the account (cant remember as it was 2 years ago and i wasn't so aware of the subject at the time) i will ask for the T&C's for my account, but even if there is anything in the original contract:
1 i haven't started paying any of the overdraft off and never have engaged in any commerce in my life apart from one payment in and one payment out apart from this current shizzle.
2 did barclays give me full disclosure
3 can they provide me with a signature from them
4 did they encounter any loss or did i create the credit
5 couldn't i just lawfully close the account

thanx guys all the responses have been very useful
peas & luuuuuv