Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
PS I've been on a payment plan for about 18 months BUT was hounded into paying far, far more than I could really afford. They (Barclaycard / Mercers) insisted on a 1% of amount owing figure per month when my offer was approx. half of this (based on submission of a statement of means clearly showing a pro rata offer to all credit card companies). Bullied all the way and now finding it tougher (particularly as they've now decided to start adding interest again !) !
i cant speak from experience on having a Barclay card but i can say what ive seen in my time on the CAG,
many of the pre 2004 documents that barclay card has sent in reply to CCAs have been completely unenforcable and have been mainly application forms without any prescribed terms
when you do get a reply, let us know and if you can scan a copy without the personal details then we can advise of the enforcability of the document
Just to add I have recently seen an agreement form 25 years ago which FULLY complied with CCA, even though it was a mailer application !!!
So be careful.
Admittedly the recent examples are shameful.
bear in mind the one Ben refered to is 25 years old !!!!!!!!!
in your case, bearing in mind that you are talking about a document from 2000 approx so please be reassured, as i said, most if not all of the ones ive come accross from circa 2000 have been duff
Mine is unenforceable - an application form in the simplest form - however their DCA are still giving me grief. Latest letter wants me to explain why I will not pay when they have complied with my CCA request. I can't help thinking that if it was enforceable they would have issued proceedings long ago. So I am still thinking about what to write next.
You need to read Diskmandave's threads about Barclaycard - his application form is the same as mine - from about ten years ago I think.
Well RB, it is quite obvious that the application form is unenforceable so we shall wait and see. Interestingly it was only because they refused to accept my reduced payments offer via the CAB that I sent the CCA request in the first place - otherwise they would still have been getting paid. I have sent them several letters telling them I do not consider the application form to be legally enforceable and have even challenged them to take me to court.
As with many of my debts I have worked out that once you remove charges and interest I have actually repaid the money I borrowed in the first place.
Interesting that a similar occurance lead to me finding this website - firstly one card (barclay) started adding interest having previously frozen it for nearly two years !) and secondly another card (also on a Payment plan) chose to sell me onto a DCA !
The greed of these people - when will they ever learn I wonder ?
I'm really just wondering what will happen when my CCA time limits are up - I've read a few stories about companies writing back, admitting they haven't complied and / or got the CCA's and simply agreeing to write the debt off in its entirity - I should be so lucky BUT for the first time I feel well informed and confident that their 'bully boy tactics' won't be working on me anymore !
R
Please everyone keep your experiences coming - particularly interested in Barclaycard, MBNA and Citibank !!!
I'm just starting out with Barclaycard. Have just done the decent thing and sent off an income/expenditure form and made 2 token payments so far. They haven't agreed these token payments, but I've made them (and they have taken them) anyway.
The stupid 'phone calls have just started though.... along the lines of "we can't freeze interest because you need to go through the CAB" and "we can't communicate with you in writing because we deal with everything over the 'phone" Yeah right, course you do guys, which is why I now hang up on you.
If they keep this up and continue the way they have been, they'll get a CCA request, plain and simple.
PLEASE NOTE:
I AM NO LONGER AN ACTIVE MEMBER OF THIS FORUM AND WILL ONLY RESPOND TO POSTS ON SUBSCRIBED THREADS.
I had a monument card, previously providian, and now a barclaycard. From my experience reclaiming charges and missold PPI they will take it to the wire...but will probably cave in before action. They did with me. I am now questioning the validity of the agreement. But thats another story
basically Barclays are very stubborn and pedantic, you will have a fight on your hands...but will win in the end
rgds
Dave
** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **
see you stand like greyhounds in the slips,
Straining upon the start. The game's afoot:
Follow your spirit; and, upon this charge
Cry 'God for Harry! England and Saint George!'
If you think I have helped, informed, or amused you do the clickey scaley thing !!
Thanks guys.
Priorty One - trust me, from my own experience, Barclaycard (and / or Mercers) will most likely bully you into paying more than you can afford. With me after 18 months of paying twice my original offer (and causing more hardship !) they then decided to start adding interest again ! This is the reason I've CCA'ed them. No matter how fair you think they're being they WILL show their true colours given time. I'm no expert BUT my 'humble' advise would be to CCA them anyway - the sooner the better so you can, hopefully, gain some control back !
Dave- thanks for your comments - as I expected really I suppose ?
Good luck and Happy New Year to you both.
ANYONE ELSE OFFER ANY BARCLAYCARD EXPERIENCES TO HELP US ALL ?
One year later and no CCA. It's also now been sold on twice, with around £3.8k still outstanding. I've not printed up my letters to them (apart from 1, I think) because the content was too specific in places and they would have known it was me on here... but they really, really hated me at the finish... lol
Ah, revenge is so sweet at times...
PLEASE NOTE:
I AM NO LONGER AN ACTIVE MEMBER OF THIS FORUM AND WILL ONLY RESPOND TO POSTS ON SUBSCRIBED THREADS.
I too have had trouble with Barclaycard/Mercers, I wrote off asking them to accept reduced payments for a minumum of 12 months, so I could try and get myself straight. They replied to every letter I sent with a letter asking me to ring them although I'd already stressed I would only deal with them in writing. They passed my account to Mercers, who issued me a default notice and started sending little cards in pretty blue envelopes so I would open them thinking it was from somebody nice!
I CCA'd Barclaycard in the end because I was sick of the harrassment. They sent me an application form and 6 different sets of T&C's. I continued to write to them telling them they hadn't complied, they continued to charge me interest and charges, I continued with my token payments. In the end they admitted they had sent the wrong documentation and credited my account with £300, they then sent me another set of T&C's and stated they had now complied and started adding charges and interest again. By time time I was pulling my hair out in frustration and emailed Northampton Trading Standards, took me a couple of emails before they responded, but they are now in communication with Barclaycard on my behalf and at the moment I am receiving nothing more than my monthly statement from them (interest and charges still being applied though). I also haven't received anything from Mercers for a few months (long may it last!).
I have found Barclaycard to be the most bullying and stubborn of companies to deal with (along with Sainsburys who are also adding interest and charges despite sending me an application form - they will get the TS treatment in the new year!).
Stick to your guns, change your phone numbers if you have to and only deal with them in writing. Good luck
Excuse my ignorance but why would you send token payments IF they haven't complied with a CCA request ?
Surely this is a contradictory statement - I don't have an agreement with you versus I'll pay you some money that I don't acknowledge that I owe you anyway ?
Can someone please offer any advise ?
Thanks,
R
**********
Duffers:
Why are they digging their heels in if they acknowledge they haven't complied with your CCA request ? They're still adding intereste etc... ?
Can they 'legally' do this ?
Excuse my ignorance but why would you send token payments IF they haven't complied with a CCA request ?
If the account is still with the original creditor, it becomes a moral issue whether to continue with token payments if they default on a CCA request. Some people will and some people won't. I have also read on here of some people who have been too scared to withhold payments, despite a company defaulting on a CCA request.
Surely this is a contradictory statement - I don't have an agreement with you versus I'll pay you some money that I don't acknowledge that I owe you anyway ?
It boils down to legal vs. moral and where you stand on the issue yourself. Personally, when I've been spoken to like a piece of poo for months on end and harrassed constantly be 'phone, then any morals go straight out of the nearest window.
Can someone please offer any advise ?
Thanks,
R
**********
Duffers:
Why are they digging their heels in if they acknowledge they haven't complied with your CCA request ? They're still adding intereste etc... ?
Can they 'legally' do this ?
No... which is why I asked DM if she was still making those payments.
Interested in everyones thoughts ?
Thanks,
R
PLEASE NOTE:
I AM NO LONGER AN ACTIVE MEMBER OF THIS FORUM AND WILL ONLY RESPOND TO POSTS ON SUBSCRIBED THREADS.
Barclaycard - Please share your experiences ? ! ? !
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. So I am still thinking about what to write next. 
which is why I now hang up on you. 
If you think I have helped, informed, or amused you do the clickey scaley thing !! 
Originally Posted by R B 1968
