barclays/mercers

[nickt1976]

(put this in barclaycard thread but had no reply, so trying here)
Hi all ,
long one 'sorry' but story so far,
Letter dated 30 March received (post marked)6/4/07-letter from b/card Payment due??? £70.00 "You have fallen behind with agreed repayments" (we have a dmp with CCC's never missed a payment, EVER)goes on to say"Payments need to be made no later than 20 April.
-10/4/07 made a Data Protection Act-S.A.R - (Subject Access Request)( full list) and a CCA with £10,£1 Fees enclosed+ utility bill/passport for ID (for delaying tactics)
On 16/4/07 received letter from Mercers (DCA) DEFAULT NOTICE s.87 of CCA, amount due £145.85 to be payed before 27 April, acting agents for B/card goes on " under terms of agreement you are still behind, despite letter from B/card you must pay minimum amount as shown on monthly statements (we have had no statements since starting the DMP in 04)
-19/4/07 Request received letter from B/card (regarding Data Protection Act-S.A.R - (Subject Access Request))
-26/4/07 (Special delivery) sent a letter to B/card thanking them for letter dated 30 March received 6 April, advising debt in dispute awaiting Data Protection Act and that debt contains fair proportion of unlawful penalty charges.Advised also debt UNENFORCEABLE whilst in DISPUTE any action taken by them or third party will be defended and issue a claim for stress/damages along with complaints to relevant authorities. Informed also about payments through CCC's and the DMP we have in place.Forwarded a copy to Mercers.
Today 28/4/07 letter from B/card dated 26/4/07 REF s.78 of CCA . Remittance of £1 (BUT THERE WAS NO £1)regarding B/card acc.
"Find enclosed"
A)signed copy of your 'APPLICATION' ( I wanted a true signed copy of my executed agreement)
B)copy of T&C's
C)outstanding balance £****
D)outstanding balance (NOW £150.4-payments have been missed since re-payment plan (OH NO THEY HAVEN'T I HAVE PROOF)
goes on to say "cancellatons notices and copies of documents regs.1983- no requirement for EXECUTED AGREEMENT to contain the ORIGINAL SIGNATURE BOX therefore we have in event, gone beyond our statutory duty in providing you with a copy of the signed APPLICATION FORM (HA HA HA)
signed by Helen Gould,Court orders and disclosure clerk
Legal and public affairs
Dep.LRC
Any Advise for way forward on this
Thanks in advance

[lookinforinfo]

Under s77 and 78 of the CCA, they are required to send you a copy of the
executed agreement, not an application form, and therefore not only are signature boxes required, but so are the correct signatures also.
At the moment Barclays are in default timewise. Later this month if they still
have not produced the proper copy, then they will have committed an offence.
You asked for the documents under the CCA, not the Cancellation Notices etc
Regs 1983. Its up to you where you go from here.
You can write to them pointing out the errors in their letter now, or you can wait until they commit the offence.
After that you can decide not to pay any further amount until they do produce the executed agreement.

In the meantime, I would check to see if CCCS have actually paid the money
through. If not, get it back if you decide you don't want to pay. Otherwise
read the riot act to CCCS.
If they have paid the money to Barclays/Mercers, confirm the date of payment and where it was sent and write to whichever company was sent the money and ask for confirmation that they now have the money. If still not received, use CCCS to check with their bank and advise Barclays when
the money was sent and get them to check the money was received.
It may have gone to another account-perhaps someone with a similar name
to yourself. But you do need to get to the bottom of it and quickly before
any more of your money goes astray. [There are some companies out there
who may try a stunt like that to get more money out of you, but I wouldn't
include Barclays in that field so it is important that the money is located].

[nickt1976]

Hi lookinforinfo, thanks so much for replying. Have been in touch with CCCS last week and they have paid Barclaycard and we have the statements as well, will phone them again just to confirm where money has gone and what date, and tell them to confirm it with Barclaycard.I think Barclaycard are just fast- tracking this debt into default, don't they have to give you so many days to serve a default notice? ( by the way Mercers served the s.87 Barclaycard never informed us it was going to a DCA) and the money we supposedly owed has gone from £70(6April) to £148(16 April)to £150(28 April).
Nick

[nickt1976]

Hi, just been on to CCCs and they have said Barclaycard have sent out 'IN ERROR' 6000 letters to people informing them that they have missed payments so I'm not alone, just hope the 6000 letters don't all come here lol.Advised by CCCs to send my statements(copy's of) from CCCs to Barclaycard showing payments have been made so I'm doing this today and copying Mercers. Oh and how late was you up Lookinforinfo??? thanks once again for your reply.
Nick

[lookinforinfo]

Nick, they have now just passed the twelve working days [30th March] so
are now in default. That means they cannot chase you for any of the money
outstanding until they have provided you with the executed agreement.
In another month, their failure to produce will mean that they have committed an offence.
Keep hammering away at them to discover where the missing payments are.
You might decide to discontinue payments now until they do locate the
payments safe in the knowledge that you are within your rights to do so
anyway since they are in default.

[nickt1976]

Hi Lookinforinfo, sorry for late reply. They have yesterday sent me my data (no agreement yet) only the application form. The data only goes back to 2001 (feb) I won't be paying them (thanks for reminding me). They defaulted on 27/4/07 can't wait for 27/5/07. I will keep at them, need to send them another letter asking for rest of info. What do you think?
Once again, thanks for your support and help.
Nick

[lookinforinfo]

Nick they are well aware of their obligations under the Act. what they may not
know is your knowledge of the Act. Many Companies send the application
form hoping that it will be accepted by the debtor as having complied with the CCA request. It doesn't.
But there is no sense in writing to them as that may alert them to providing
the agreement before they commit an offence. And once the offence is committed the probability is that they will lose interst in the debt since they
will still have to produce the original agreement to the Court and face a fine
[up to £2500] before the Court may grant them an order to continue chasing you for the debt.

[nickt1976]

Hi lookinforinfo, thanks for reply
Will leave things as they are for now, on the cca front wouldn't want anybody alerting to anything.I meant on the statements side as they have only sent me data from February 2001 and all charges were pre 2001.
thanks in advance
Nick