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I am claiming charges back for 2 barclaycards, however BC very kindly sent statements to my wife who holds a Littlewoods branded barclaycard, no S.A.R - (Subject access request) was submitted for this account but we are going to claim the charges anyway.
The cover letter states:
"However, may I advise that no statement were produced for you in January 2001 to August 2004, as there were no paymets or sales vouchers applied to your Littlewoods account during this time"
The first transction is dated 20 Sept 2004 - is this a trend?
Spoke to mercers and confirmed that the account was only opened in Sept 2004 so the info sent is correct. Charges are only about £100 but my wife can't remember ever signing an agreement or application form as it was a transfer from a littlewoods catalogue and she thinks it was all done over the phone. If there is no signature on a credit agreement can she dispute the whole debt?
Hitlist: Barclays | Barclaycard(2) (Settled) | MBNA (won)| Halifax Visa (Settled) | Capital One (Won) | Citi-Cards | Capital One (Round 2):grin: (won)
I have sent the CCA request and postal order, not been signed as received yet. Another letter form Mercers this morning threatening DCA.
I sent the CCA request to Littlewoods, not Mercers. Should I notify Mercers and does this then put the account in dispute?
I am about to ring them and mention that any DCA will be asked to P*ss off from my property.(politely)
I spoke to someone on friday and asked that they stop calling as my wife is unwell and not able to speak to them. She said she will stop the calls for 7 days but then the 48 hour notice letter arrives.
Hitlist: Barclays | Barclaycard(2) (Settled) | MBNA (won)| Halifax Visa (Settled) | Capital One (Won) | Citi-Cards | Capital One (Round 2):grin: (won)
Was still getting calls from Mercers despite explaining without breach of DPA that the missus is not well enough to speak with them so called Littlewoods and after a bit she eventually called Mercers while I was on hold and arranged a 14 day stop on calls, this allows enough time for the CCA to arrive(or not). This is after I had just spoken to Mercers and asked them yet again to stop the calls as I have explained the situation and now deem the calls as harrassment, she just said the calls will continue as they need to speak with the missus, so I explained again that they will not be able to for at least a month, maybe 2...........thick as sh*t springs to mind.
Hitlist: Barclays | Barclaycard(2) (Settled) | MBNA (won)| Halifax Visa (Settled) | Capital One (Won) | Citi-Cards | Capital One (Round 2):grin: (won)
12 days have passed, no correspondence from them. maybe something to do with the postal chaos so I will wait a couple of days.
I had sent recorded delivery but not showing on site as signed for yet. RAng royal mail and they said give it 15 days and if it has not arrived I will get a book of stamps!
Assuming they have received the CCA request and are ignoring it, what is my next move? Is the acount now in dispute?
Hitlist: Barclays | Barclaycard(2) (Settled) | MBNA (won)| Halifax Visa (Settled) | Capital One (Won) | Citi-Cards | Capital One (Round 2):grin: (won)
I would re send the CCA request. As you mentioned the postal strikes played havoc recently and ideally you need proof they received it on a given date.
Remember to put 'I acknowledge no debt to your company' on the letter and a note saying the £1 is not to be allocated to your account but as a fee for the request.
If you haven't already done so, send Mercers a letter simply saying the account is in dispute until such a time as Barclays provide me with a true copy of my agreement. If you haven't already sent the harrassment leter to them (mercers) simply add the dispute comments to it and send ASAP.
In my experience Barcays rarely have copies of original agreements and in most cases prescribed terms are missing meaning by virtue of section 127 (3) the alleged debt is unenforcable by law. However, I've only dealt with accounts that were opened before 2000 and it may be they learnt their lessons and started keeping better records, just have to wait and see what they send you.
In the post this morning i received a letter from Barclaycard
"In order for us to disclose information and to continue processing your request we will require your signed authorisation"
They have returned our letter with a received stamp of 4th Oct.
SSL in post #4 advised not to sign the request, should I return the signed letter now?
Hitlist: Barclays | Barclaycard(2) (Settled) | MBNA (won)| Halifax Visa (Settled) | Capital One (Won) | Citi-Cards | Capital One (Round 2):grin: (won)
In the post this morning i received a letter from Barclaycard
"In order for us to disclose information and to continue processing your request we will require your signed authorisation"
They have returned our letter with a received stamp of 4th Oct.
SSL in post #4 advised not to sign the request, should I return the signed letter now?
lol, typical Barclays! Never sign anything when dealing with CCA enforcability, possiblity they will scan and copy onto the alleged agreement. have a read of the thread below, use digital signatures: http://www.consumeractiongroup.co.uk...ight=signature
Missig Statments 2001-2004??
) was submitted for this account but we are going to claim the charges anyway.
(Settled) | MBNA
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Originally Posted by thelightbrigade
