Thread: angel v bcard1

hiya i thought id already a thread but here goes again

hiya all

ive had a complaint now registered against my disputed letter and my letter to mercers telling them to send all account info back to Barclaycard forthwith! i think we do need to be a bit more direct and not pussyfoot about a bit but alwasy be mindful of what you write and remember one day a judge may read that letter (good wise words from BRW ) thanks guv

yes i got that liner about cca act not prohibit collection activity, but like 42man has said BUT the oft guidelines do,,,which is what ive already written to the new big gunners at Lloyds Halifax bos etc,,,,:grin:
feel really happy i got that in my letter thanks 42man!

so i will now reply back and remind them at sharky thanking them for investigating my complaint and they can take as much time as required but to be aware of the oft guidelines again, since mercers need to yet reminded to not contact me as they are aware of the dispute otherwise i will report them to oft regarding their fitness to hold a credit licence,,,,


,Would this be correct, if so we could all draft similar type of letter so we have that on our records for our poss defence??????

surely also the account should be brought back to the date that they defaulted with my cca request, they are adding charges and interest too and also i think a letter suggesting that a dn has been raised, yet to check credit file - another thing we need to be aware of too

Appreciate your thoughts everyone thanks

keep positive laters angel

Hi Angel,

Trouble is, whereas YOU consider the a/c to be in dispute, BC will suggest it's not if they've sent you back their T&C's in reply to your CCA request.

Getting them to stop adding charges and interest is v difficult and may only be resolved by court action, whether started by you or BC's DCA friends and solicitors.

That's why the CPR route may be more effective - see Link No2 in my signature below.

hiya Slick

thank you very much for your thoughts, ive been subbed to that link you have given me, and it was this morning i was going through it from the start that i now think this is the moment i have to request the cpr

i have sent the complaint letter which they have replied have another month to resolve

i have requested SAR info which needs a fair few more weeks for the deadline

i have stopped payments and thus am hanging i guess for things to happen

So-- taking your advice and of the link you gave i m going to request the CPR at least im doing all that is possible at this moment in time

Since ive already been to trading standards and they said to me if i feel i wish to make some kind of payment to pay them paid under protest or something - not sure if i should pay them a 1.00 token until they supply the cca or not

thinking outside the box, would this be deemed to be viewed as im stalling on the payments and thus im accepting there is s a debt?

one comment ive noticed that of course we cant really say we dont owe money we have spent, but we are challenging the enforceability of the cca contract and thus if it is proved no actual correct contract excists then they the creditor has no right to any interest and charges put on the account,neither. (hope i got this right) will be back later to update if necessary

off to the post office now laters angel x

Hi Angel,

If they've not responded to your CCA request within 12 + 2 working days, you have the right to NOT pay.

Even if you make small token payments, they're unlikely to accept this for more than a few weeks and will set Mercers on to you.

You are not necessarily disputing the existance of the debt - you are attempting to find if they have a valid Agreement, without which the debt should not be enforceable, even in court.

hiya Slick

i think i should have mentioned ive only had back a copy of the current terms and conditions and the old terms and conditions but no actual cca or even a bcard application form!

i have disputed this and this is where ive had a reply to my complaint that they need another 4 weeks to get back to me


thus as i cant rely on the sars until that actually arrives,,, im not paying them even if they have only partly responded to my cca request

Yes, checking what the agreement they do hold is and thus im now only left with the cpr request, this amount is nearing 5.000 so also concerned about the amount growing with the interest etc and i feel i need to action this speedily

hope my late nite rambling still make sense

thanks again for looking in laters angelx

Re your concerns about interest mounting, start the CPR process asap as per Link No 2 in my sig're.

Welcome beachy to my thread

and thanks again Slick, i will now do the cpr letter direct to bcard and not mercers -

and thank you for clearing my jumbled thoughts

have a fun day laters angel x8)

hiya bazaar
welcome to my thread, yes this is one of the trickier ones,ive got, not my debt as such, so therefore not my name on any court papers if you get my drift, hence i cant speak in court unless i get a barrister who will take the case and process the court debate shall we say - think it was underdog who mentioned barristers the other night,,, i will relook up my notes

it all depends on what we get put infront of us if we get the evidence, if its a blatent attempt by bcard to hide the facts then im happy to investigate a fee for the barrister if we have a good chance of winning in court, but then i guess this is the million dollar question - me on my own i am happy to present my case as long as i know it outside in and inside out

my oh wouldnt be so confident and thats why im taking this slowly now that no payments been made and a supposed dodgy dn from mercers has arrived, i think the cpr request is just another iron in the fire so to speak
at least when at court if it gets there, the paper trail will show as many attempts as possible to rectify and obtain the information required to ascertain the full truth of the agreement.

just my mad thoughts today, if they dont make any sense pls forgive me, not one of my good days today

laters angel x

hiya all

wanted to update you

last week received my sars info now from barclaycard, but really only letters they sent me ,,, no copies of what ive sent them, thus no copy of my cpr request which now is due for the second letter very soon

no cca or terms included within my sars,,,they say" they enclose copies of information held by barclaycard that relates to you"

But no cca or terms received or anything other than computer sheet info for when the account was started..

I got the statements in a seperate envelope the other week but again no cca or terms

only the terms have been sent also in a seperate envelope

so,,

,1- now off with sending the second cpr letter?

2 - also a complaint to the info comm office for non receipt of my full request?
should i also include my letter copies of my cpr request to info com office?

3- report them to oft?

anything else?

laters and thanks angel x

Hi Angel,

If you're up for it, I think a formal complaint to the ICO is worth trying.

We know CCA's are a waste of time with BC and it's too early to see results from the CPR route. So the ICO complaint makes sense.

A complaint to the OFT won't help your case, AFAIK.

hello Slick and Beachy

i think now is the time for the complaint to ICO as clearly they have not even sent Copies of my letters of complaint or their responce to me within the sars,,,,and neither any indiciation of any contract or terms.
I will even include the CPR letters ive sent to show that this is a serious request and that ive been very reasonable in following also this route

i suggest you do the thread beachy and get it to a point that you too can complain to the ico

i would also advise you to scan that default notice from mercers because it was something i got on this card before i got the one which is in my post no 1 scanned

My default notice im not sure and because i dont get monthly statements unsure how they arrive to the arrears figure,,, i know charges have been applied right upto that date of issue of the dn,,,,but i dont think the dn has been presented in the right manner neither but i wait on your second advice whether the cca is enforceable, my gut is telling me it has the prescribed terms,, but im still looking for my copy if i can find it to compare with.

laters dudes angel x and thanks

hiya all

and hiya slick in responce to your earlier post,

update is still no reply just calls and charges and interest being added

oh i can see truecall flashing as i type,,,wonder who that is oh bliss the house is sooooooooo calm , i couldnt cope with the phone ringing constantly anymore

back to this,,,,have been helping friend with eviction notice and got adjourned so now back to my own battles for a bit

1. Today am going to do a follow up to Barclays Data office informing them that they have not sent any info on agreement, or dn and give them 7 days otherwise will then send my complaint to ico.

will leave off the 2nd letter for crp until their deadline is missed and then i can do the second letter and enclose that with my ico complaint

Guys does this sound a feasible plan ?????

Dont worry from now on got a Board up with a time line for each creditor this way I know when letters sent, when should be replied for and a poss next action in pencil,,,(of course would always come back here for final help in next action)

laters dudes, angel x

Sounds good Angel.

I know you've already seen the CPR success with SMT37. But I think you're fine to proceed as you are.

We don't know yet how BC will respond to the court order in SMT's case.

hiya slick and all

i put my hand up and with all good intentions, planning my attack i fell down

not been too well

and plus my available time taken over with the help i felt had to give to get my friend defend her eviction - now thats been sorted hopefully

back here


update ,,,,,,

last week got a letter from bcard, well in responce to my dissatisfaction,,,i mean ive sent a few complaint letters since last year,,,,dont refer to which one,,,,but have had no official responce to cpr anyway,,,

going to scan up in a bit but i note they include a bit about - if i still questioned their official compliance,,,, they would need me to provide a lot of info in terms of legal and documents in evidence to support my claim to see whether further reply is needed by them!

can you believe that this could be their kop out in replying to my cpr???

i want to now still send the second letter - they have had more than enough to respond

i did add on smt's thread that had sent to bcard in northampton,,, but now wondering still to send there for the second letter or go to head office in london?

anyway i feel ive had this letter for over a week now so must do the next stage,,,,

oh have passed to another DCA after mercers have given up,,,but i think more of a legal nature type,,,so i want to be ready with my reasonable requests,,,


http://i407.photobucket.com/albums/p...BCARD1INFO.jpg

http://i407.photobucket.com/albums/p...BCARD2INFO.jpg

http://i407.photobucket.com/albums/p...BCARD3INFO.jpg


what is now my best letter to send and where pls?
laters angel x

hiya Beachy

how very interesting my initial thoughts too,,,, have pm's slick to take a gander over and lets see what our Legal team say about it,,,,

if it really the responce to my complaints, its only took them about 6 months,,,,,

but,,,,,cpr,,,,well another of their standards to throw out at everyone to jump at

have a fun day will check in laters keep positive angel x