Thread: Milly5 -v- BC (own a/c)

Hi,have an ongoing dispute with barclaycard and would like advice as not sure what to do next. brief history,have had barclaycard account for years, so has my partner .we both got into arrears a few years ago then managed to clear most of the debt but still kept the account open. Last November I was a bit late sending the monthly payment for both of us and within days a £12 charge was added. I was so angry decided to write and ask for both our credit agreements.
after about six weeks a reply arrived from barclaycard,it said they had enclosed my partners cca but all they had enclosed was a copy of terms and conditions.then a few days after that arrived another letter with the current terms and conditions.[i am still waiting for my cca request to be answered
during all this time we have been getting the usual phone calls from them which we never get into conversation with any,except one day they rang asking for partner by his christian name,Iasked them which friend they were as only his friends or family ever asked for him by christian name!this completely threw them and they quickly ended the phone call.
Last friday mercers rang for him.and next day a default notice arrived from mercers.
am I correct in saying that while the account is in dispute barclaycard should not have passed it to mercers and they should not have issued a default notice?if so is there a letter i could send them.since recieving cca response we have not replied as not sure wether to go the disclosure route or just send them a letter saying no cca recieved .
neither of us have sent a payment since november and have no intention of paying ,we would be unable to pay much anyway due to less income.
any advice on our next step would be gratefully received

thanks,milly

Hi Milly,

I'm in the same position as you with Barclaycard. This is their standard response. I haven't yet sent them a SAR as I have all the statements, and only want a copy of the agreement and really resent having to pay another £10 just for that, especially as I don't believe they have it anyway.

I've just written back saying that I hadn't asked for the agreement under Section 78 (whereby they can fulfil this obligation by sending just the T&Cs) and saying I cannot understand their reluctance to supply a copy of the agreement unless they are well aware that the agreement is not compliant with CCA 1974. We'll see what they say to that one.

Good luck.

DD

Hi , thanks for replying and sorting out the thread title.
I sent my cca request about 3 weeks after partner which explains why I have not had a reply yet.
I owe approx £180.00 on my account.
I claimed back all the charges last year so only charge I have is the recent £12 charge.
sent a SAR last year to reclaim charges,recieved statements but no other documents in the SAR.
No default notice has been sent to me yet.
am guessing I just wait and see what they send me.
milly

Hi ,just a update on whats been happening .
I received photocopy of terms and conditions like everyone seems to be getting at the moment,the letter actually said they had enclosed my credit agreement!
I also received a default notice.
another set of terms and conditions.
strangely the phone calls are less frequent ,every other day now,still getting the silent calls.
recently sent the cpr request for the credit agreement,waiting in anticipation to see how they try and wriggle out of there obligations to supply credit agreement.
i still have to sort out the default notice,its just all so time consuming!
I will update when i get response to cpr request
milly