Thread: Barclaycard >>Mercers>> CCA not received

I sent barclaycard a joint template letter asking for statements and CCA, with appropriate cheques, via registered post.
19days later, statements arrived without CCA but with cover letter and lots of blurb about microfiche and only cos of their goodwill, they sent me statements and blah de blah about Information Commisioner and his intention to amend his guidance. final line says:-

"This information we have enclosed relating to this account is all that we hold"

Does this mean they dont have the CCA? :?
or could they have passed it to mercers who i've written and told not to bother me, cos my debt is with b/card, not them.
I have a claim with Barclays bank, which is double the amount to settle b/card, they offered me half a couple months ago, but i'm pursuing the full amount by right of appropriation.
Barclaycard also doing the refusal to accept token payments for the moment, but I'm sending them anyway.
So, how do I now write saying 30 days notice for CCA or I report them?
I found a template letter for someone who had requested twice, before, but I've only asked once and i didnt think the template letter i found was just right for my case.

Collectively we have power, just takes patience! and help from other kind members.

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I am going to send this.
Will anyone please let me know if it is not correct, thankyou

Mercers debt collection LTD
City point
One Roper Street
London
EC2Y 9SS


Important you should read this carefully
ACCOUNT IN DISPUTE

Dear Sir,

ACC NO: XXXXXXXXXXXXXXXX

First I would like to bring to your attention that I have not received any communication from Barclaycard regarding late payments.

I also wish to bring to your attention that I have sent Barclaycard a request for CCA agreement on 20/07/07.

Barclaycard have until 02/09/2007 to comply with my request. If Barclaycard fail to provide me with a true copy of a properly executed credit agreement by this date, Barclaycard will have committed a criminal offence and their conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.

Should Barclaycard not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

It is also my intention to consider litigation in this matter and your attention is drawn in particular to CPR 4.6 (c) enclose copies of documents asked for by the claimant, or explain why they are not enclosed

Yours sincerely

Well hello everyone, do you ever get the feeling you're the only one here?

Just joking, I know everyones busy, or maybe I'm not entertaining enough

Barclaycard sent me a copy of an application,
I'm not sure if its the document they should have,
I did try to scan it and copy onto here, but technology defeated me.
It is the most awful grey copy, most of the small print is illegible, but they attached a new small print terms and conditions.
If you got ideas how to copy it on here easily, I'll give it a go.

Anyway I now need advise how to keep B/Card and Mercers off my back until Barclays Bank repay me my claimed charges under misappropriation route

All help gratefully received, Ta v .much

Hi

If you message a mod or site helper, maybe they will allow you to email them a copy to have a look for you

Yes this forum is a little quiet, but don't take it personally ok

hello sunshine this is the advice i was given,

take a copy of your letters, black out all your personal info, scan to jpeg, then upload to photobucket Image hosting, free photo sharing & video sharing at Photobucket - then when you've uploaded, highlight IMG code (third box down), copy and then paste on to your thread. it's fairly easy to follow, if i can do it anyone can plus it's free.

best of luck

blimey smiffy, thanks for your advice.

tis too much for my brain tnite, I'll give it a go tmorrow

or do as money help suggested

If everyones off on holiday, making it quiet on here, I hope you all not too sunburnt, tee hee,

Back to business, now

Me thinks the barclay card application looks a bit too grey and bleary and maybe not quite accurate on an old phone number, so am gonna check it out,
maybe I'm too suspicious, but its worth a look,

and I'm not minding paying them just can't do it, until their mother hen pays me!!
onwards and upwards I hope

Thanks for help so far x

sunshine- application form is not a credit agreement and they have not complied with your s.78 request.

Simply put, a credit agreement must, as a minimum, have:

1) Credit limit

2) payment intervals

3) % rate

4) Your signature agreeing to all of the above

You should do a photocopy of the nonsense you recieved and send it to Trading Standards.

Oh and you can stop making payments! the agrement (if any) is now enforceable only by order of a Court.

Thanks for that info noomill060

Which template letter should i now respond with?

I have now sent mercers 3 letters saying account is in dispute, and no cca has been received.
They are still sending me letters, last one came this week, stating FINAL NOTICE, before court,

Does anyone know how i should respond to them ??

plz give me a link or something, they wrote tuesday and i need to respond

Hi pj
the application arrived with

barclaycard conditions credit agreement regulated by the Consumer Credit Act 1974

As well as informing mercers the account is in dispute, i 1st wrote saying

i had written to their client and adhered to my temporary proposals, that they were distressing me and i believed their actions were intended to cause me upset and as such amount to harrassment, any attempt by you or your agents to telephone me or call at my home will constitute harrassment.

next i wrote the following

Mercers debt collection LTD
City point
One Roper Street
London
EC2Y 9SS
Important you should read this carefully
ACCOUNT IN DISPUTE
Dear Sir,
ACC NO: XXXXXXXXXXXXXXXXX
First I would like to bring to your attention that I have not received any communication from Barclaycard regarding late payments.
I also wish to bring to your attention that I have sent Barclaycard a request for CCA agreement on 20/07/07. My request was sent registered post and clearly received, as their reply enclosed copy statements requested at the same time.
Barclaycard have until 02/09/2007 to comply with my request. If Barclaycard fail to provide me with a true copy of a properly executed credit agreement by this date, Barclaycard will have committed a criminal offence and their conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.
Should Barclaycard not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.
It is also my intention to consider litigation in this matter and your attention is drawn in particular to CPR 4.6 (c) enclose copies of documents asked for by the claimant, or explain why they are not enclosed
Yours sincerely
cc. BarclayCard, PO Box 599, Manchester, M60 3NF

i also sent them a copy of the letter I'd sent b/card requesting cca.

mercers response now is, if i don't respond immediately, they will pass my account to a local debt collector who will call at my home.

B card have today replied with a fairly standard letter saying they are dealing with my complaint and will reply by the 14th Sept.

Hi, Sunshine,

I'm in a similar position to you in that Mercers have been pestering me on and off since November to reclaim an o'd balance, whilst I have been claiming charges back from Barclaycard. They have threatened legal action on about 5 occasions but have never actually done a thing against me. In my response to their letters I simply stated the Claim Number of the county court claim I was making against Barclaycard and I told them I simply could not discuss the account until my claim was settled. This seemed to work - maybe they are not allowed to pursue you while a claim is in progress - I don't know the legalities, maybe it would breach a law, or maybe they do not want to look bad by pursuing a debt in case you use their poor behaviour against them in court? Anyway, it had the desired effect of getting them off my back.

So if you have started a claim, tell Mercers with a polite letter and quote the claim number. If not, I would put your claim for a refund of charges through as soon as possible.

My other advice would be to write to your local Trading standards and tell them about the CCA agreement, stating that you believe they have committed an offence -TS will be obliged to investigate.. Ask them to contact Barclays on your behalf. And if you believe they have been unlawfully harassing you, tell them that, too. I have contacted TS in the past and they were some help, but they did like you to send in copies of all correspondence etc.

thanks for that blossom
Do you have a link for a template letter?
or does anyone else?

Don't think you need a template Sunshine, just a brief letter stating Case no, Court and date and saying that as you are sure they are aware you have brought a case against Barclaycard which is due to be heard blah blah, except it won't be if its anything like ours, their defence was struck out on 22nd June but they didn't pay up, case was to be restored on 28th September but has now been stayed due to the OFT.

We were a bit silly because we turned down their offer and asked for default to be removed as well as penalty charges caused it and carried on with court case only to find the above.:-|

My OH is being called by the lovely Mercers on a daily basis. I CCA'd Mercers and received an application form back from Barclaycard. Then I wrote and told them that this wasn't a CCA and they had defaulted. They sent back a better and fuller copy of... guess what ... the application form! Mercers still call at 8am to speak with him. I'm not sure what letter to send yet but will fax something over to Mercers to let them to F off and stop calling. We're paying a token £1 a month but they are still adding interest to the account even though we've asked several time for them to freeze it as we're in financial diffs. I hope they sleep well at night ...

Stop paying them,if its after 14 working days they have defaulted and after further 30 days criminally defaulted and the debt would be unenforceable, have a look at Elizabeth 1's v Cabot thread to gain inspiration and courage, do the harassment template, even one call a day at that time is too many especially when they haven't got the true executed copy of the agreement.

I could wallpaper one of my rooms with letters from Mercers re my daughter, she also got the application form and stopped paying ages ago, now she gets threatograms from one of their appointed scummies, we are coming to get you between the hours of etc etc. Did you send the follow up letter re:no CCA, sorry technophobic so can't do link ups but forum search Zubo Consumer Credit Agreements/Resources workshop, loads of appropriate letters on there.

Don't let them get to you they are nasty low people and thats the clean version!

Help, barclaycard stolen my money from my Barclays account.

I recently sold some personal items to pay for roof repairs.

My barclays account i have kept dormant, but used it for this money, so it didnt get lost in my other bank account.

B/card have just written and said they have exercised their right to take the late payments due of 191 from my bank a/c, forcing it into overdraft.

what can I do now?
I hadnt written to say the debt was not enforcable, cos i didnt know what to write.

forgot to say the money they taken was to pay contractor for fixing my roof.

I now have an overdraft i dont want incurring charges, and an angry contractor that wants his money.

Feeling sick.

If i was fit and well i'd be working and not living on a shoe string, makes it all the harder to think straight with a head full of heavy medication needed for my useless body

Barclaycard have sent me a second copy of my bcard application.
A dark partially illegible copy, worse than 1st one, signed by me on 05/09/02, the only signatur they have is on the doc title, B Burges, i think.

I have sent them a non compliance threat, to report em to office of fair trading, f.o., and trading standards,
and advising em the debt is unenforceable, date of 12 + 30days was 02/09/07

on 28th aug they have taken the back payments for bcard from my unused o/draft at Barclays bank, saying

We have excercised our legal right to set off the arrears owing on your barclaycard account against the credit balance in your bank account, as barclaycard is part of barclays bank we are able to apply funds from your bank account in order to pay debts owing on barclaycard products, your credit reference agency data will be updated accordingly

I need to tell em in undisputable legal fashion,

1) that the debt is now unenforcable, (cant find a letter to use as template for this).
2) they have not my permission to pass my information to a third party, credit reference data.
3) and money must be returned to my bank account as my barclays account is not in regular use, and money which was already in transit to pay a roof repairer, was taken without my permission, forcing an overdraft which will now run up more costs.
4) the bank account is waiting for the repayment of mis-appropriated funds of over £2200., I owe barclaycard 1100, barclays offered 1400 in May, which was approximately half of my claim.

If i've missed anything please advise, thanks for all help so far,

Have spent all time i have for last 3 or 4 days trying to find cases, which would show me how to put my letter together,

now I'm asking for help please, anyone kindly?