Thread: Darftblerk Vs Barclaycard

Hi, Darftblerk.

That's out of order, like you say, you should phone them on Monday and ask for a refund.

I'll scout about for more info to see if I can help any more.



Regards.

Scott.

Hi DB,

Yep, call BC on Monday to complain and ask for an immediate refund of the Statement Fees.

Point out that you paid the £10 fee required in accordance with the Data Protection Act and they have no right to charge any more. Tell them this will be reported to the Info Comm'rs Office if you don't get an immendiate refund (although I doubt you'd get damages for this).

.............but don't hold your breath !!

Hi DB,

Recommended strategy is to send seperate CCA request sending the £1 fee. Don't combine the CCA request with any other matter.

Hi,

I sent a CCA Request back in May 08. Didn't hear anything. Today, I've received a Default notice from Mercers!

Recommendations on what action to take? Do I phone the fos and complain, or would it be worth writing back to Mercers and Barclaycard and explain that a county court judge will be deciding over this matter?

The account was opened in 1998, and I don't believe that they have a CCA on file for me. In fact, I never remember signing one, just an application form.

Thoughts? I'm considering something like this:

Account Number: XXXXXXXXX




Dear Sir/Madam

Thank you for your letter of 1st September 2008.

You have failed to respond properly to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On the 8th May 2008 I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation.

If that request is not satisfied after a further 30 calendar days you commit a summary criminal offence.

These limits have expired. Barclaycard have now commited a criminal offence.

As you are no doubt aware section 77(6) states:

If the creditor 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 this account has become unenforceable at law.

You have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall now be pursuing action through the county court system to judge this account as unenforceable. Further to this, I will be seeking damages in relation to the default you have placed against myself with credit reference agencies, along with full costs for the proceedings. I will also request that the judge, at their discretion, make a compensatory award to myself for harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed Breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’. You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY
Action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.


However, you may have already noted that all of these above points have been ignored by Barclaycard, which will be bought to the attention of the court.

I will also be reporting your actions to any such regulatory authorities as I see fit, including, but not limited to Trading Standards, The Information Commisioners Offcie and the Financial Ombudsman. As I am sure you understand, my compalin to Trading Standards will outline all dealing I have experienced with Barclaycard, and will also suggest that Barclaycard is no longer fit to hold a consumer credit license.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.


Should you not wish to reply, or claim that this letter has not be received, noting that all correspondence sent previously and in future has been by recorded delivery, you will be receiving a court claim from myself as the next course of action.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully



Richard Howes
Copy: Mercers Debt Collections Limited

Recent changes mean the following no longer apply.

1) If that request is not satisfied after a further 30 calendar days you commit a summary criminal offence.

2) And

(b) If the default continues for one month he commits an offence.

These should be deleted from the letter which is otherwise fine.

Put FORMAL COMPLAINT at the top of your letter.

I wouldn't waste your time talking to Mercers - just send the letter.