Thread: Parry V Barclaycard

I have done a CCA request to Barclaycard and sent it off recorded delivery yesterday. The account is not in arrears at the moment so will wait 12 + 2 days and see if I get the usual T & C’s.

The account is an old one going back to early nineties maybe even the 80’s. Any problems with older accounts that people know of?

Excellent forum and some top posters here, thanks for any help and guidance with this. Will post up as the situation evolves.

Many thanks slick; I have read up on the forum and realise that a cca request to Barclaycard is liable to failure but as you say, best to start off correctly. From what I gather, it is a cca request followed by an account in dispute letter followed by a serious dispute letter, a bemused letter when Mercers get involved and fending off any DCA comments. The cpr strategy is one that I will read more about as well.

There will be charges on the account over the years so I will read up on that in due course. Not quite sure where one stands over claiming charges whilst going through a cca procedure? More research required!

I have received the expected T & C’s from Barclaycard. One with a sheet of paper stapled to it with the date when the card was taken out typed on it and another apparently current set.

The 12+2 days are not quite up yet so do I send the dispute letter now or wait until the 14 days are up?

I am still mulling over the whether to submit a claim for charges. Would doing this allow them to state that you have accepted/acknowledged the debt and agreed its terms? Are there any problems or likely pitfalls in claiming charges whilst questioning the debt itself?

Many thanks Slick; I will send dispute letter after the 12+2 days, start a charges claim and read up some more on CPR route.

After a barrage of phone calls from BC and no sign of an agreement, things have now moved on to Mercers. Both BC and Mercers refuse to accept the debt is in dispute and continue to add interest and charges. Mercers also threaten to send a door step collector next


I received a DN from Mercers yesterday. The date on the DN is 23rd July but I only received it on the 27th July, it says to correct the default by date of 9th August.



I have not sent the SAR request yet, I did read on another thread that to claim charges on a debt with no CCA could be seen as false enrichment
http://www.consumeractiongroup.co.uk...ml#post2310190 Not sure what the position is to be honest.

I have told Mercers on the phone to return account as it’s in dispute but they claim it isn’t. Do I send a letter saying that or is there something else I should be doing?

I agree Slick and the SAR will now be with them first thing in the morning


Anyone have any thoughts about the DN from Mercers? Bemused and return to BC letter?

Still got the envelope, I keep everything and always write the date on the envelope that I received it.

It was posted 1st class which seems odd given the time between the date on the dn and the date it came through the letterbox. There is no post office stamp with any sort of date on it, just the franked 1st class and a northampton address on the back.

(Mercers address is Liverpool and they are an independent debt collection company, or so they told me on the phone)

Many thanks Slick, Subject access request is with them. I'll write to Mercers saying the amount is incorrect and refer them to the SAR. If they insist that they are independent (I know they aren't but they claimed they were on the phone) then I will also include a request to return to BC due to being a disputed account.

The Mercers thing was out of the blue, I spoke to them on the phone at the weekend to find out what they wanted but they didn't mention a dn at all. Just the usual pay or we'll send someone round. Think I will also send them a "please do not send anyone" letter as well.

If the original CCA was back in the 80/90's it is highly likely its unenforceable due to the fact that back then they would have needed your consent to share data with the CRA's and you wouldn't of at that time, the data should be removed from your credit file as incorrect and unlawful and the CRA's are also breaking the law for holding such onerous data. Report it to the ICO if you don't get anywhere.

Thanks Jules, it is from around that time, the trouble is getting anybody to take any notice!

I sent a bemused letter but have heard nothing back. Nothing on my SAR yet either but there is still time. One thought is that when any SAR request is complied with and they say they have nothing else after the six years that seems to be their cut off for charges, would it be worth requesting confirmation in writing that no further data of any nature is held by them in any form?

That would be tantamount to them admitting no cca is held if it’s not in the documents they send. Further more, if they don’t confirm that they hold nothing more, would we then be within our rights to claim any charges over the six years based on the fact they haven’t confirmed they don’t hold any more data? They either have data beyond six years or they don’t and that would include everything wouldn’t it?

My thinking is that they seem to hide behind six years for charges as they don’t hold data any further back than that, so if that’s the case any cca for an account over six years old can’t be available…or am I being too simplistic :?