Milly5 -v- BC 2nd a/c (partner's)

**milly5** · 8th February 2009 18:53

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 icon

.then a few days after that arrived another letter with the current terms and conditions icon

.[i am still waiting for my cca request to be answered
during all this time we have been getting the usual phone calls icon

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 icon

.
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 icon

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

**slick132** · 9th February 2009 01:21

Hi Milly,

I've copied your post here so this thread can d/w your partner's BC a/c.

**slick132** · 9th February 2009 01:50

BC will say they've fulfilled their obligations by sending the T&C's, so you need to use the CPR route.

Read here - http://www.consumeractiongroup.co.uk...uldnt-use.html

If you've suffered penalty chgs on this a/c, you need to start reclaiming them. Send a SAR icon

if you don't have the last 6 years icon

statements enclosing the £10 fee.

Or start filling in the site spreadsheet with details of the charges so you can see how much you can reclaim.

You can argue against the Default Notice because the balance includes unlawful penalty charges.

Read more here - http://www.consumeractiongroup.co.uk...efault-issues/

If the penalty charges will cover the a/c balance, you don't really need to chase for the Credit Agreement.

**milly5** · 9th February 2009 11:28

Hi, thanks for replying,and changing thread title.
Partner owes approx £1.000
he claimed back the charges last year and only has the recent £12 charge.does this mean he can still argue about the default notice? Will have to go the cpr route then but am a bit puzzled because if this ever reached the Court and all that barclaycard produce are terms and conditions icon

would the Judge not dismiss the case as no valid credit agreement exists? I realize that barclaycard are saying they have fulfilled there obligations but in reality they have just sent rubbish.Do they think we would accept that what they have sent is somehow a cca and start paying them? I cant see an end to this but will send the cpr letter and keep an update on here.
milly.

**slick132** · 9th February 2009 14:04

Hi Milly,

BC are sending out the T&C's and saying they've complied with their duty to supply certain doc'ts under the CCA1974. There's debate about whether they have, in fact, complied and opinion is split.

They are not saying they've supplied a valid Credit Agreement, or that this would serve as adequate documentation to get the debt enforced in court.

If they wanted to enforce a debt in court, they would still have to produce a proper Credit Agreement, without which they would fail.

If the Default Notice includes a penalty charge, you have grounds to challenge it. Read up on this in the Defaults forum.

**milly5** · 14th February 2009 13:48

Hi Slick,thanks for all your advice,
A bit of an update:
We are definitley going to go down the cpr route and will send letters on monday also we will challenge the default letter.
However partner has recieved a letter from barclaycard thanking him for contacting them regarding the level of service received from them and they will investigate and reply by March 5th. I am guessing this is about the harrassment letter we sent them BUT the phone calls icon

if anything have increased in number since we sent the letter!
Now its mercers that are ringing,they told partner today they will continue to ring him even though he said account in dispute and harrasment action to be taken!
Last week they rang my partners employer asking him for partners contact number .even though they have his contact number and mobile number and have rung him on it numerous times!
Partners Boss did not give them any info but its the fact they rang him that has made partner furious now we must escalate the harrasment issue by writing to relevant organisations.
Another letter from mercers came today saying they are instructing debt collectors icon

to call at our address.all of this because partner refuses to talk to them about his alleged debt which we know now is unenforcable.

We will fight this as long as we have too ,but they certainly know how to wear you down and you have to remain really strong to carry on the battle with this bunch.
forgot to mention ,when they rang one day the woman tried disguising her liverpool accent! just how low will they sink in order to try and get you to talk to them........
Milly.

**slick132** · 14th February 2009 23:31

Hi Milly,

Re the phone harassment, have a look at the OFT debt collection icon

Guide at Link No3 in my signature icon

.

I'd say they are in breach of the Guidelines under the following Sections:-

2.6 a - unreasonable intervals
2.6.h - ignoring your claim that a/c is in dispute
2.6 j - contacting employer with no right or need
2.8 i - failure to provide Credit Agreement when a/c has been disputed
2.8 k - no cease of collection activity when a/c is disputed

Write to Mercers and send copy to BC, saying contacting the employer when they had contact numbers was the last straw. Formal Complaints will now be made to Trading Standards, OFCOM and the fos icon

about the phone Harassment.

This can be sent or use it for the references to the Regulations - http://www.consumeractiongroup.co.uk...telephone.html

See here - The Consumer Forums - Announcements in Forum : telephone recorders Reviews - Write a review here

and here - telephone recorders Reviews - Write a review here - The Consumer Forums

It would be good for your case and the site if you can record them saying anything they shouldn't be saying.

**milly5** · 12th March 2009 16:14

Hi all. bit of an update:
2 weeks ago partner had letter from company called Power2contact,said they were writing on behalf of mercers as he was considered an elusive customer!they said they may send someone to call at our house .We ignored the letter thinking it was the usual idle threats.Today someone from power2contact DID call at our house.I Told the man to leave and refused to speak to him.He left a letter for partner with urgent scribbled all over it and it also said he must ring Dave[power2contact man]or mercers by 7pm today!!

Has anyone else had this company involved?
what should we do now?
we are obviously NOT ringing mercers or dave or anyone connected to barclaycard but this has to be harrasment surely,
I find it unbelievable that barclaycard are doing this when they still havent replied to cpr request for credit agreement,the deadline for them is 15th march so soon time for next letter about that.
They are still ringing twice a day,even though we have reported them ,this has been going on since january and partner is still getting monthly statements with charges added and interest icon

.If account is in dispute icon

I thought the creditor should put account on hold.Is there a letter to send them regarding this,although it will be ignored as barclaycard/mercers are a law unto themselves.
any help much appreciated
milly

**slick132** · 12th March 2009 23:36

Hi Milly,

You dealt with P2C in the right way and, of course, are right not to call anyone in response.

Send the 2nd CPR letter when the 21 days are up.

Othewise, continue to ignore, but keep a log of their ongoing calls.

**milly5** · 13th March 2009 21:35

Thanks Slick,today a new development: partner received a three page letter from barclaycard saying they have fulfilled there obligations under section 78 of cca act and they will continue collection activity as account is NOT in dispute.
I have looked on the forums and see someone else "gary" also received this letter yesterday
wonder if this is barclaycards new reply to the cpr request?
Beginning to have a few doubts now that we are still correct in challenging the non appearance of the credit agreement as barclaycard seem insistent they are correct .
on the 15th we will send the 2nd cpr letter regardless.then we will need help if we have to issue n44 form as I realize we have to be aware we could be held responsible for b'cards costs if we are not careful.
thanks for any input or advice. milly.

**slick132** · 13th March 2009 23:15

Hi Milly,

You should set about reclaiming the £12 charge.

You should also decide what you want to do with this a/c - keep it running and pay them each month, or stop paying until they show they have a proper Agreement. They should need this if they want to take you to court for the balance on the a/c.

If you're concerned about the CPR route, then don't go that way just now. Wait and see how others get on using this strategy.

Just be aware that BC and Mercers will hound you if you're not paying monthly.

**milly5** · 26th March 2009 00:41

Hi all,
a few updates to report.
sent a strongly worded letter to power2contact quoting various acts they had breached and asked for complaints procedure,to date heard nothing from them
Received a postcard from mercers to say they were calling on a certain date.sent a reply informing them under no circumstances must they call at our address. well the day in question has passed with no visit from them .
phone calls icon

continue but not so many.
sent cpr 2nd letter,not expecting to hear anything.
have not paid anything since started this cca dispute and dont intend too unless court gets involved of course.
now have a dilemma and need some advice please.over a year ago partner sent complaint to fos icon

regarding mis selling of PPI icon

on barclaycard.surprized to get reply from fos stating b'card as gesture of goodwill icon

wish to settle

.not sure what to do as in the middle of cca dispute. if we agree to accept would it be seen as acknowledgment that an agreement exists ?
have 2 weeks to decide about this,any advice would be great.
we are only talking about a small amount of ppi and when we started ppi reclaiming we were still paying b'card.
thanks milly.

**slick132** · 26th March 2009 01:27

Hi Milly,

Personally, I don't see that accepting a GOG Will would jeopardise your account being in dispute.

The GOGW relates to BC repaying PPI icon

which they now accept was inappropriate for you. They are repaying money which should not have been taken from you in the first place.

The "a/c in dispute" relates to their ability (or not) to produce certain documents. Their failure to produce may mean the debt is unenforceable in law.

We know the a/c exists but the amount allegedly owed may not be recoverable by court or other proceedings.

**milly5** · 14th April 2009 10:27

Hi
Thanks Slick for your advice on PPI icon

issue but partner decided not to accept goodwill offer in the end, I would have but it was his account......

Still waiting for cca to arrive,had no reply to 2nd cpr letter and deadline is fast approaching,all we get from b'card are letters in answer to out complaints? what complaints ,all we have asked for is the agreement.....

Over Easter mercers rang on friday ,sunday and monday[not saturday] are they legally permitted to do this? when I questioned the lady who rang yesterday she said she was allowed to ring.

Still getting monthly statements with charges and interest icon

added on are they never going to give up?

thanks Milly

**slick132** · 14th April 2009 14:28

If you keep a log of time and dates of calls, this will show whether they are legitimately pursuing a debt, or harassing you.

Charges and interest icon

will continue until the issues are properly resolved.

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