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I sent a CCA request with the fee to Barclaycard on 29/10/07 which was recieved and signed for by them on 30/10/07. They had until 16th Nov to send a copy of the agreement, but as yet i have not recieved anything from them, in the meantime they have got Mercers involved
I sent Mercers 2 letters on 19/11/07 signed reciept on 20/11/07 1 letter asking them to stop phoning and 1 to let them know that the account was in dispute with BC etc and that they should not be collecting on a disputed acc as per OFT guidlines.
Neither letter has had any effect with mercers as they are still calling everyday and still threatening doorstep collection and legal action.
I have called Northants TS who have said that no harrassment is taking place and they are within their rights to collect and i should get in touch with CCCS and make payments to BC, I thought that now BC have committed an offence i didnt have to make a payment untill they comply with my request.
What is the best bit of advice you can give me? i believe that TS are wrong and just cant be bothered.
my suggestion, first thing in the morning, speak to trading standards again, this time dont speak to the tea boy but ask for the person who is incharge of the consumer credit section, explain what happened and what you were advised
i would refer them to section 78(6) of the 1974 act and explain to them that you CAN withhold payment as a default means they are not allowed to enforce the debt until they remedy the default IE produce the agreement
this is the trouble, TS seem to vary in their competance
but dont let them try and get out of THEIR obligations to enforce this
if they still refuse, tell them you will take the matter up with your MP , that should get their attention
It does seem that Trading Standards can't be bothered or are completely ignorant of the law in this area (different Trading Standards unfortunately vary so much). Perhaps e-maiing them may get a better result. Alternatively as Mercers registered address is in London you could try their local TS (contact details below)
City of London Trading Standards & Veterinary Services
PO Box 270
Guildhall
London
EC2P 2EJ
I sent a CCA request with the fee to Barclaycard on 29/10/07 which was recieved and signed for by them on 30/10/07. They had until 16th Nov to send a copy of the agreement, but as yet i have not recieved anything from them, in the meantime they have got Mercers involved
I sent Mercers 2 letters on 19/11/07 signed reciept on 20/11/07 1 letter asking them to stop phoning and 1 to let them know that the account was in dispute with BC etc and that they should not be collecting on a disputed acc as per OFT guidlines.
Neither letter has had any effect with mercers as they are still calling everyday and still threatening doorstep collection and legal action.
Sytra
Well this is my sisters acc, things have gone a bit further now, she has sent BC a number of letters now requesting the info, their reply to the last one was that they are busy at the minute and it will take about 6 - 8 weeks to get the CCA out to her, they are taking the pxxx now!!!
written to TS etc but no response from them whatsoever.
now BC have started to take oney out of her Barclays acc, i have advised her to open another acc elsewhere and then close the barclays one so they are unable to touch her money but is there anyway she is able to get the money back from them? as they are seriously in default of CCA.
any other advice? would it be worth her while insisting they take her to court?
I'm going to get this back to the Debt forum - it's been moved during shuffle last w/e.
Barclays will take money due on one a/c from another and a parachute a/c may be the answer to avoid money being off-set like this.
I'll leave others to confirm whether it's allowed after CCA default - getting it back is not likely to be easy though, so set up parachute asap if poss.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Barclaycard / Mercers failed CCA
and legal action.
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Originally Posted by sytra
