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Hi all, am struggling for work at the moment and have CCA'd barclaycard - originally credit card was morgan stanley
so far they have replied with what looks like current T&C
have sent letter back stating they have not complied etc.
will update when I get anything back
- auto calls have started.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
There are loads of us here with MS cards which are now owned by Bcard, and we are getting complete rubbish in response to our CCA requests. Firstly they send the current bcard T&Cs, and if you write back you may well get a copy of your application form blown up to A3 size so it is barely legible, and then there are some financial conditions which have all sorts of references to conditions which aren't there!
I wrote back asking them to explain the discrepances in mid january and I'm still waiting for a reply.
still nothing from Bcard yet, but they phone me 7 days a week 8 til 8, I sometimes speak to them but only to say "put it in a letter, I will respond" not that it makes any difference, they have my mobile as well and thats also ringing 4 or more times a day. a bit tedious but needs must etc
chris
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Hi all, have just got my first "mercers" letter - default? letter, a little scary! would someone be kind enough to look over it and advise, should I contact them or is there a standard reply, what can I expect next?
I SAR'd Barclays 2 weeks ago after not getting any joy with the agreement (usual current T&C)
thanks
links: front page
ACCOUNT IN DISPUTE - Account number: XXXX XXXX XXXX XXXX
I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE.
Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998
My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be resolved on **DATE**. This obviously hasn’t happened.
As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines have breached and I consider this account to be in SERIOUS DISPUTE.
As you are aware, while my Consumer Credit Act request remains in default, enforcement action is NOT permitted and, under s127, this constitutes a complete defence at law.
I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.
If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.
I hope that this will not be necessary and an acceptable solution can be accomplished.
I would appreciate your due diligence in this matter and look forward to hearing from you in writing.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
It could be argued the Default notice doesnt have the prescribed terms in the correct format, but a more powerful argument is that the dates are wrong. Unfortunately you've blanked out the dates so I cant see them.
They need to allow 2 working days service (if sent 1st class) from the posting date for you to receive and then 14 calendar dates. So you should be able to work out if they did that step correct also. I've seen a few sent on a Friday which means they cant start counting until the following Weds (usually leaves them 4-5 days short of the required remedy date)
Bit of a moot point as they are in dispute but never hurts to have more ammunition to fire back at them.
IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.
Hi all, would like advise please on the following letter received today.
still not seen a CCA, and my SAR request just brought in a load of computer printouts and still no CCA, getting a bit nervous now as they seem to be ignoring requests and pressing for a doorstep visit.
can anyone suggest a response?
thanks
barclaycard letter page 1:
If they haven't fully complied with your SAR, then you could always force compliance through the Courts
I have a similar situation with Royal Bank of Scotland.They only sent me a handful of statements and a few other bits, so I wrote to them giving them a further 14 days before I started court action.
They ignored my letter, so I fired an N1 form off to make them.Just waiting now for the court to respond.
Re the computer print-outs, if they readily provide the data you require to show a/c entries, they may be suffiecient. In particular, do they identify all dates and amounts for penalty charges.
If not, send BC a non-compliance lba as Lee suggests.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Hi all, just an update.
account been passed to over to calders/mercers and now just got a letter from Debt managers Ltd, so sending them the same letters.
So this lot is not "in house" will they buy debts?
no offer of a settlement discount and still no sight of any cca (originally morgan stanley/dean witter
any else had dealings with debt managers ltd/
thanks
chris
Calder/Mercers as you probably know are Barclaycard's in-house collection teams - change hats occasionally. They don't tell you they are part of barclaycard and something has just occurred to me - OFT guidelines say they can't set more than one DCA on you at the same time, so if you are getting grief from all of them report them.
I read on another site that Debt Managers are the people bcard use to chase unenforceable agreements.
They sent me three letters enclosing the cut and paste agreement and I kept asking where Q4 was and they have been quiet for a while now.
chris2806 v morgan stanley / barclaycard
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