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I sent a CCA letter to Barclaycard with the £1 cheque on the 1st Nov 2007, and have had a reply back today.
I would really appreciate some advice on the Agreement attached as I am currently out of work and can't keep up the payments. Mercers are harrassing me with calls and letters.
This is an unenforceable pre-contractual application form. It does not contain the prescribed terms.
The prescribed terms are in the terms and conditions, they should be on the same page as the signatures on the copy of the agreement not in a seperate document.
also Barclays have not complied with the CCA request and remain in default which (once 12 days has passed) means they cannot enforce the debt. The application makes reference to your cancellation rights and that these should of been sent to you in the post. As this is referred to in the application they are required to send them in any CCA request.
If they didn'y send them to you when the account was opened the account will also be unenforcable by virtue of s127(4) of the Act
(just like with your Egg agreement)
Oh dear, another Barclaycard application form.
So as per great advice above, don't worry!
I think that you need to deal with Mercers by writing to them, and explaining the non-compliance of BC's CCA request. There are a couple of letters that you can send, I will find them and post for you. Please do not deal with Mercers over the phone, just ask for all correspondence in writing only!
Red
And a letter to Mercers along the lines of below, explaining your stance on BC non compliance of your CCA request.
In my letter dated the ***date**, to your client, I made a formal request for a copy of the signed, executed credit agreement for account/reference number **your account numer***** under section 77(1) and section 78(1) of the Consumer Credit Act. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement.
The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on ***date*** and ***date**** respectively.
As you are no doubt aware subsection (6) states:
If the creditor under an agreement fails to comply with subsection (1)—
(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.
Therefore as at ***date*** this account became unenforceable at law.
Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed.
(Failure to respond favourably to this letter within seven (7) days of receipt will result in immediate litigation being commenced against your company without further notice.)
I would appreciate your due diligence in this matter
Good luck, why not use the same envelope as the harrassment letter, saves on one recorded slip too!
Red
Unfortunately Mercers will take absolutely no notice of that or any other letter you send advising them that Barclaycard have not complied with a CCA request, I have the pleasure of dealing (or not as the case may be) with them at the moment. I've now given up writing as they just ignore everything I send and continue to send me letters about collectors calling (the dog is waiting ) I continue to pay B/C what I can afford, they continue to pile on the charges and interest at the rate of approx £100 per month
Good luck, I hope you are more successful that I am with them
MC Vs Barclaycard Help CCA Attached
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Re: MC Vs Barclaycard Help CCA Attached
) I continue to pay B/C what I can afford, they continue to pile on the charges and 
