Thread: cupcake68 Vs Barc 97

Hi

Could someone please look at this one for me?

EC Barc 97 pictures by cupcake62 - Photobucket

Many thanks

CC68

Hi CC68,

Are any of the documents posted actually personal to YOU or are they BC's general T&C's, excluding the letters of course.

Have you read this guide for checking agreements - http://www.consumeractiongroup.co.uk...greements.html

Hi Slick

No mention of me in the paperwork except on covering letters.

I have read the guide and I am learning but finding it quite hard to keep on top of all the acc's I have going on at the mo and getting a bit concerned about what's what with what account! (especially barc as we have so many between us)

I will be confident to do this on my own one day soon!

CC68

Right, so they've just done their usual trick of only sending general T&C's and NOT your personal Credit Agreement.

If you've suffered penalty charges on this a/c, have you started reclaiming them. If you don't have all the statements for the last 6 years but think there have been penalty chgs, send off for the state's with an SAR.

Hi Slick

I'm not clear on the penalty charges - do you mean late payment charges and overlimit fees? If so until March I had never missed a payment.

Or do you mean interest charges? - I've had an awful lot of them!!

They are truly harrassing me on the phone and I am going to have to do something to stop them - 20 odd messages a day is ridiculous!

But I am not sure what to send. Is it the normal all you have supplied is t and c's letter?

Many thanks

CC68

Yes, Penalty Chgs are late pay't fees, over limit fees, etc. The interest charged is not reclaimable in your circumstances. You will be able to reclaim any recent penalty chgs made to the a/c.

See the phone harassment letter here - The Consumer Forums - debt collectors Their attention seems to come in waves and it should reduce when they realise you're not going to fold easily.

Yes, they just send the T&C's in response to an SAR. They won't send you your credit agreement.

Read up on the CPR Strategy in Link No2 in my signature below.

Hi CC,

Have a look at the Stickies here for guidance on DN's - http://www.consumeractiongroup.co.uk...efault-issues/

Originally Posted by cupcake68

I was under the impression that because they haven't complied with my request they cannot be issuing a dn legally anyway. Am I wrong? They will say they HAVE fulfilled their obligations under CCA 1974 by replying as they have with the T&C's. You say the a/c is in dispute - THEY will say it is not.

However if the DN includes any penalty charges, it is incorrect and invalid as these charges are unlawful.


Is their DN correct? Have you read the guides I linked - this isn't my strong point I'm afraid.

Thanks

CC68

To get sight of the Credit Agreement, you'll need to look into using the CPR Strategy.

Hi cupcake, love the name

Ok The DN dates work out unfortunately if it was sent 1st class,its dated 20th so if we take that as postage day, allow 2 days for service the 14 calendar days start from Fri 22nd takes us up to 5th June and they've allowed it till the 6th. However if it was sent 2nd class or by TNT/citipost/business-mail then they may have problems with the dates.

Prescribed terms are also there but I notice in lower case, most DN's have these in upper case. The DN regulations just say that the text has to stand out more than any other text on the page so it could be argued just making them bold and underlined is not enough but I cant see a judge worrying too much so long as the text is there.

Sorry its not better news.

S.

Hi Shadow

It was sent 1st class.

So am I actually in default with this? I thought because they hadn't sent me a cca the account was in dispute, therefore they could't default me.

Cheers

CC68

Originally Posted by cupcake68

Hi Shadow

It was sent 1st class.

So am I actually in default with this? I put thought because they hadn't sent me a cca the account was in dispute, therefore they could't default me.

Cheers

CC68

and that is where the problem lies I'm afraid.. whilst they may be in default of not sending you your agreement under s78, and just sent t&c they will not accept that there is a dispute on the account and continue the process for getting rid of bad debtors... i.e. default and sell on or move to a DCA eventually ending in court if they have the agreement.

I'm afraid they HAVE defaulted you and will likely pass you to a DCA.

S.

hiya

just found your thread and this also concerns me ,,,if we are to pay the amount on the dn and we still have not had the cca, are in fact admitting the debt or could that then be used against us in the future

from my own scenarios, i dont pay because they are in default of the cca, they in the meantime have the opportunity to still send a dn,,, then sell the debt on and then many months down the line we get a cca, so in effect we are put at an advantage by not paying now but also if we did, it may be deemed we have accepted the debt,,,
this has now confused me a little

or pay the amount to avoid the dn,,,,,and say you are paying under protest or something,

good luck,,cheers angel x

Originally Posted by cupcake68

Thanks for the information

So am I now right in saying they will pass onto a DCA and when I hear from them I can send the bemused letter?

Am I right in thinking Mercers is actually part of barclaycard and not a seperate dca?

CC68

Correct on both accounts, yes.

S.

Hi

I have just received a letter from Mercers saying they are chasing on behalf of Barclays
Should I send them the bemused letter?

CC68

Originally Posted by cupcake68

Hi

I have just received a letter from Mercers saying they are chasing on behalf of Barclays

Should I send them the bemused letter?

CC68

I would send the bemused mixed in with the no visit template letter.

S.

hiya cupcake

PLS READ my urgent pm to you,,,you will then understand,,,you can then alert the shadow to edit their post otherwise it will still show in the shadow post

any queries let me know ill hange about a bit here

laters angel x