Thread: TheScaryOne Vs Barclaycard (Previously Goldfish)

Hi TSO,

Have you read this - http://www.consumeractiongroup.co.uk...nts-guide.html

Originally Posted by TheScaryOne

Hi Slick132,

Excellent - many thanks for your link, I'm getting more knowledgeable about CCA's all the time, it's just nice to get some confirmation that I’m getting stuff right.

So after looking at the link I’ve come to the following conclusions;

1. This was an online application (Oct 2007) so has a digital signature but the print out where the digital signature information is blanked out and there is no indication of a creditors signature.

2. The debtors address is only on the application part of the print out and there's no reference to the debtors name on the credit agreement part of the print out.

I've also been sent a default notice from Mercers on behalf of Barclaycard, dated 17/03/09 and the date payment should reach Barclaycard is before 03/04/09 (so by midnight 02/04/09). If I’ve read all the information about default notices right there should be 14 working days from the date served (2nd working day after the date of the letter) to when payment should reach Barclaycard. If this is correct I’ve only been given 11 days! (it’s exactly 14 days from 17/03 to 03/04).

I understand that the default notice can only be issued after 3 monthly payments have been missed; the 3rd monthly payment was due on 16/03/09 – does that give enough time to issue a default notice?

Also the DN is from Mercers not Barclaycard (I’ve had no indication of assignment), so there is also no creditors address, as it has Mercers name and address on it.

I seem to recall seeing something somewhere that a default notice can only be issued once and if it's incorrect only the amount stated as due can be claimed by the creditor. Is this true? If it is how do i go about telling Barclaycard they'e arsed up.

I’ve attached copies of both the CCA received (I did get it on 2 A4 sheets so had to scan it as 4 A4 sheets) and the default notice.

http://img218.imageshack.us/img218/1...hcca200209.pdf

http://img218.imageshack.us/img218/8...hdn170309g.jpg

Sorry but I make the dates spot on.. dated the 17th, two working days for service and then 14 Calendar days from Fri 2oth takes you to 2nd April but to allow 14 clear days means add one day.. friday 3rd is the correct date.

Need to check the formatting of the words on the 2nd page of the default but otherwide looks kosher! any penalty charges on the account to render the default value invalid?

S.

Ah I've got confused then - I thought it was working days not calender days - ho hum!

There's one late payment charge of £12 from January, i've been paying a token payment of £1 per month.

I'm presuming the CCA is enforceable (it was done online) so my next logical step would probably be to offer them either a higher monthly payment or a Full and final settlement of about 10% of the outstanding amount which is £3.3k.

Here's the 2nd page - http://img21.imageshack.us/img21/521...page170309.jpg

Thanks the_shadow

Originally Posted by TheScaryOne

Ah I've got confused then - I thought it was working days not calender days - ho hum!

There's one late payment charge of £12 from January, i've been paying a token payment of £1 per month.

I'm presuming the CCA is enforceable (it was done online) so my next logical step would probably be to offer them either a higher monthly payment or a Full and final settlement of about 10% of the outstanding amount which is £3.3k.

Here's the 2nd page - http://img21.imageshack.us/img21/521...page170309.jpg

Thanks the_shadow

Ok that second page shows the required formatting is not there unfortunately imho its not as powerful an argument as the date or amount being largely wrong but its something...

Quote from BRW on another thread re: defaults

One other issue appears to be that that they have not set the Notice out in the Prescribed Way. The words underlined should be given greater emphasis than the words either side of them. The Legislation doesn't say how that should be done exactly, but the intent seems to be clear.

For example:

THEY HAVE DONE IT LIKE THIS <---Incorrect

OR THEY MAY'VE DONE IT LIKE THIS <---Incorrect

WHEN THEY SHOULD'VE DONE IT LIKE THIS <---Correct

OR THEY SHOULD'VE DONE IT LIKE THIS <---Correct

Note that on the latter two I have given the underlined words greater emphasis.

Originally Posted by TheScaryOne

Hi the_shadow,

Ok cool, so i could send them a letter stating that in view of their incorrectly formatted DN I am willing to offer a Full and final settlement of 10% of the outstanding balance.

Nope, cos if you advise them its incorrect they'll just issue another one, a faulty DN only comes into play when the account has been terminated. Again like I said imho its a weaker position because its just the formatting but then again its the prescribed format and they should know whats required of them.

S.

Originally Posted by TheScaryOne

Thanks the_shadow, i'll just wait for them to terminate the account then.

I presume after they've terminated the account they cant re-issue a DN, they could start legal proceedings or they could sell the debt onto a DCA and it's at this point i can offer the F&F pointing out the DN is incorrect.

Yep, once they have terminated the account they cant re-issue a DN, trouble is the DCA is unlikely to agree that the DN is faulty and will probably pursue you for the full amount for a while.. the longer it goes on the more likely it is they'll accept a lower amount in payment I presume

S.