Providian Monument Barclaycard

**mickeybroom** · 21st October 2007 13:21

I have had various phone calls icon

from Barclaycard stating that they have taken over my Monument credit card this year, which was originally a Providian card. I have had no correspondence regarding this and am not sure what to do. I knew about Providian being taken over but not Monument, and had understood that the Monument card was a closed and paid off account. Now Barclaycard are claiming extensive arrears and threatening to pass me over to the dreaded MERCERS collection agency.

Should I CCA all three or just Monument/Barclaycard. I understand that they should also have sent me new CCA's as per s85 CCA1974 and would appreciate some advice on this also.

I have no paperworks left from Providian, but loads from the other two.

Anybodys help out there??

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**buzby** · 21st October 2007 15:13

You'll find your original agreement probably allowed for them to assign your account to any third party of their choosing. That said, they have to have all the correct paperwork to back up any claim of the original agreement and debt, so making a CCA request is a sensible first step, and if it is Barclaycard pursuing you, that's who you deal with in the first instance.

**mickeybroom** · 21st October 2007 21:14

Thanks Buzby

I have CCA'd Monument and Barclaycard explaining the situation. Hopefully they will sort it out before deciding to get really nasty.

**mickeybroom** · 13th November 2007 10:17

I CCA'd Barclaycard and Monument ages ago and tomorrow is their last day before defaulting on supplying the CCA.

Barclaycard have passed my account on to Mercers already (because I have not been paying) and yesterday I spoke to a lady at Mercers.

I told her that until they provided me with documentation regarding the transfer of Monument to Barclaycard, I would not be paying anything to the account. They never informed me that Barclaycard had taken over my Monument card. I then said I wanted to see my CCA first and that I had applied for it.

She actually asked me what a CCA was.:o :o Beggars belief but that is what happened.
I was so flabbergasted I put the phone down.

Lets see what the post brings this week.

mickeybroom

**mickeybroom** · 24th November 2007 11:20

Mercers are now getting tough and have written saying that I must pay full amount in 48 hours or they will pass my account to another DCA icon

.

Laughable really as I am still waiting for CCA's from Barclaycard and Monument, which are both in default.

Do I write telling them this or just sit tight until they go into criminal offence mode (30 days after defaulting on CCA)?

If it is advisable to write can someone point me in the direction of a suitable non-complaince letter.

Many thanks in advance

mickeybroom.

**Curlyben** · 24th November 2007 11:26

Ignore Mercers as they will ignore you anyway.
Just wait for the account to be passed again then hit the new DCA icon

with this.

Edit as needed

ACCOUNT IN DISPUTE
Dear Sir or Madam,
Account number: XXXX XXXX XXXX XXXX

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.
Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be
resolved on **DATE**, this obviously hasn’t happened.
As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject access request icon

and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman icon

Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.

Yours faithfully

*- Delete as needed
Enjoy

**mickeybroom** · 25th November 2007 10:29

Thanks Curleyben

I had thought that was the case, and thanks for the letter. I will use that when I have to.

Mercers are amazing though, as I get a phone call icon

on my mobile between 8.30a.m and 10.00a.m then immediately after because I choose to ignore it, I get a call on my landline, which is on permanent answer phone anyway. Wish I had never given them my mobile number but there you go. You don't think things will go pear shaped at the time do you?

Forces them to write though. lets see what happens next.

mickeybroom

**buzby** · 26th November 2007 10:13

That's one of the best reasons to go for a 'virtual' number (both mobile and 0870) that you can route for free to your 'real' numbers, and if thing get hot and sticky, you can let them be answered by voice-mail (if any are left) and you receive the message as an MP3 in an email. Almost guarantees a peaceful life!

**mickeybroom** · 29th November 2007 14:14

Mercers have now passed my alleged account on to Scotcall, despite the fact that I have still not received a CCA from either Monument or Barclaycard, and they are now halfway towards a criminal offence.

Should I CCA Scotcall as well, or just write saying telling them of the situation. Perhaps they will pass the papers back to Mercers who will pass the papers back to Barclaycard, who may then send me a properly executed agreement.

I shall not hold my breath.

mickeybroom

**mickeybroom** · 3rd December 2007 12:26

Any advice on the above post.
I have still mot recieved anything from either Monument or Barclaycard. They have cashed my cheques though. (ages ago)

Should I remind them of their non-compliance or wait until the thirty days to be up which should be around the 14th december.
Its not too far off so i think I will hang on till then and hit them with the criminal offence letter.

I shall also remind Scotcall that they are not entitled to ask for b***** all as Barclaycard are in dispute, and the account should not have been passed over to them.

mickeybroom

**mickeybroom** · 3rd December 2007 12:50

PS

after re-reading the letter from Scotcall I have just noticed that they have a completely different account number to anything I have heard of, so I have just written to say
"Nuttin to do with me. Please check your records"

Lets see what that brings

mickeybroom

**mickeybroom** · 5th December 2007 20:48

Barclaycard have sent me the following docs saying they are my CCA and the T&C'3
Now if I can only upload from photobucket I would appreciate anyones opinion.

having problems uploading the pics so will be back soon.

Can anyone tell me how to upload from photobucket. The pics are there but I can't get them to load to CAG icon

mickeybroom

**mickeybroom** · 5th December 2007 20:55

Mickeybroom - Photobucket - Video and Image Hosting

Hope this works.

**mickeybroom** · 5th December 2007 20:59

IMG]http://i253.photobucket.com/albums/hh44/Mickeybroom/CCACOPY.jpg[/IMG]
IMG]http://i253.photobucket.com/albums/hh44/Mickeybroom/BarclaycardTCsone.jpg[/IMG]

This should do it. Anyone??????

mickeybroom

**mickeybroom** · 6th December 2007 15:34

anyone????????????

pretty please.
please see link in post 13

**mickeybroom** · 7th December 2007 10:11

pretty please again?????

mickeybroom

**Curlyben** · 7th December 2007 10:21

Welll the lack of prescribed terms makes this a farce.

Originally Posted by 8.1 What are ‘prescribed terms’?

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

8.2 What if prescribed terms are missing or incorrect?

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

8.3 What are the prescribed terms?

The prescribed terms specified in Sch 6 are as follows:

* amount of credit – see Q8.

* credit limit – see Q8.5
* repayments – see Q8.9.
* rate of interest icon

– see Q8.6

Sch 6 was not amended by the 2004 Regulations.

Also check out Peter Bard's excellent thread on the subject: http://www.consumeractiongroup.co.uk...ceability.html

**mickeybroom** · 7th December 2007 13:19

Thanks Curleyben

Now where did I see that template for a non compliance letter???

mickeybroom

**mickeybroom** · 18th December 2007 13:48

Just an update folks.

Mercers are now phoning at least once a day demanding a payment plan. They do not seem to realise that there has been no properly executed agreement and that there is a legal dispute,. One of them even asked me what a CCA was? :o

My wife asked them how many staff they had working for them the other day as everytime the calls come there is a different name on the other end of the line. The girl didn't know how to reply so just put the phone down. Another caller was told that I was unavailable, and she was asked when I would be available and told them Christmas 2008. They didn't find it funny at all. I wonder why?

A man called on Friday and said he was from Barclays icon

Bank. I was out so my wife played dumb and said she was never informed of my movements. He wasn't a bailliff so I was wondering if anyone else had had someone call from Barclays Bank.
I have never heard of this before.
Monument have not sent an answer at all to my CCA request and are completely out of time for both dates, so another non-compliance letter will go to them.

mickeybroom

**mickeybroom** · 21st December 2007 08:27

The man from Barclays icon

called again today. My wife wouldn't open the door the first time, but he came back when it was dark and the lights were on so he knew someone was in.

(That sounds like an old Bob Monkhouse joke. it isn't

)

He wanted to know when I would be in and when she said she didn't know he asked when he would be paying his debt. She said when Barlcays provided a properly executed CCA.
He then said what is a CCA? The wife sighed loudly and explained, but he didn't have a clue what she was talking about.

He then said that Barclays would take him to court to which the wife replied.
Good then they will have to produce a properly executed CCA, which they could not do so far, and therefore the alleged debt was unenforceable.
He asked if I was disputing that there was a debt, to which she said they would have to ask me that.

My point to this saga is surely Barclays can not send someone round without an appointment? He would not give his name, just that he was calling on behalf of Barclays. Could he have been from a DCA? In which case should I write to them reminding of the OFT debt collection icon

guidelines and could this be deemed to be harassment??

Mercers threatened to send someone round but we took no notice as apparently Mercers threaten to do this all the time. Could this have been a local DCA.

I still have had no reply to my request to Monument that they provide a CCA, and they have now committed a criminal offence. What is the next step and is there a template for this anywhere please?

Anyone got any advice on this pleas???

mickeybroom

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