Thread: HSM v BCard Platinum

Thought it best to split my two claims/requests in case they get muddled....

Anyway - CCAd B/Card re Visa card on 29.09.09, received no less than three
envelopes this morning, two of which had identical contents - short letter and terms (see scans).

The main letter refers to some conditions which apply to pre May 1985 cards, and i have underlined the comment.

Would welcome comments before i draft response.

Thanks in advance

http://i816.photobucket.com/albums/z...Card061009.jpg
http://i816.photobucket.com/albums/z...ard2061009.jpg
http://i816.photobucket.com/albums/z...ing/Terms1.jpg
http://i816.photobucket.com/albums/z...ing/Terms2.jpg

Hi SS,

Their responses are standard stuff.

They say they only have to supply the current agreement because of the age of the a/c.

This may fulfill their obligation under the CCA 1974 but they will still need an agreement signed by you to have the debt enforced in a court.

Send a suitably adapted Account In Dispute letter.

Have you looked into reclaiming any penalty charges on the a/c. Get the data for this with a SAR if necessary.

Account now placed into dispute, following non receipt of my CCA, and the submission of my charges reclaim issued today - £4163 inc s69 interest if it gets to court

Thank you once again slick for your assistance on interest related matters

Not so much as an acknowledgement of my charges claim

A letter before action is therefore being prepared for both my Barclaycard accounts

Did you send it recorded delivery?
Then on your lba, you can mention that they signed for such and such on date. xxxx.
Notice also in the drivel they sent out that they mention a copy of your current executed agreement, Do you remember signing this new 'executed agreement'.
As Slick says, they'll need the original agreement to enforce it in court.
So you also have an option of sending them an SAR and specifically request the original document as well as ALL statements from account starting, Not just 6 years worth. When they dont send it via your legal request, you'll have a very big stick to hit them with. Who knows, you may get lucky and they admit not having it, then game over.

Oh one more thing, never sign anything with your usual signature or at all

The Credit Agreement is never sent in response to a SAR. This doc't is specifically covered by the CCA request.

If BC only send 6 years of statements, see here - http://www.consumeractiongroup.co.uk...hey-wrong.html Data held on Microfiche is covered by the DPA and should be sent in response to an SAR.

Update time

Didnt really give this much attention over the last couple of months as I had re-submitted all the paperwork to the fos and was waiting some kind of response.

Received several letters from Mercers in the last month, and today received notice from B/Card (well printed on my latest statemtent actually) that my account was cancelled and card should be destroyed. Ho hum.

As B/Card dont seem interested in a FOS complaint, or in dealing with my charges reclaim, I presume all action now has to go via Mercers, as they are now 'dealing with my account to arrange payment'.

Im going to be writing to Mercers today, reminding them of the two outstanding reasons for the account being in dispute, as well as sending the 'do not arrive on my doorstep' letter.

I should have (but didnt) sent my letter before action on my charges reclaim - does this now go to Mercers?

Finally, I take it I should treat the statement i just received as a Termination Notice - should this be in any prescribed format?

Thanks for help - really must get back in the saddle with this now
__________________

You should update your SOC to include all penalty charges to date.

Then send it to BC with the lba.

It doesn't sound like the a/c has actually been terminated. Have they demanded repayment of the full balance yet.

Having sent similar letters to both Mercers and Calders advising why I wont be doing anything until I get a satisfactory response from BC re copy of my agreement and my charges reclaim, I opened the post this morning and received a somewhat unusual piece of correspondence:

The enclosed scan is of a bright yellow, compliment slip sized piece of card from Allied International Credit (UK) Ltd. Havent seen their name mentioned much, but a quick search seems to show them as being a particularly unpleasant firm, without much in the way of regard to the rights and wrongs of debt collection procedures. Any one had dealings?

Have sent the same letter i sent to previous collectors. I really am at a standoff now until I get my claim into court. Both Mercers and AIC are demanding payment of the full balance so the account is definitely terminated.

http://i816.photobucket.com/albums/z...Card150610.jpg

Hi SS,

I have heard of them pursuing BC debts before but they are used far less frequently than Mercers and Calders.

Have you read up on unlawful rescission or termination of the account. Are you looking to accept the UR now.

Well well....after nearly ten months of receiving the occasional letter from Mercers or Moorcrofts, and responding with "send me my CCA and deal with my charges" I received the following letter today:

http://i816.photobucket.com/albums/z...tter150411.jpg

Am i to take it this is an absolute assigment to these MKDP people and Barclaycard have just passed the buck to them? Ive looked at their (admittedly swish) website but they still just look like DCA.

Its going to be interesting if they have purchased the debt for a few pence in the pound, as the first thing they are going to get next week is a claim for charges and restitutionary interest of just under £5k. Does anyone have any experience of these people? ie are they the sue first think later type?

Hi SS,

We have seen a few cases recently where BC debts have been assigned to MKDP/MKRR.

Too early to say yet what they are like to deal with.

Looks like you'll soon become an expert though ! 8-)

and so it begins....

Got home today to find an 'extremely urgent message' for me on my Trucall. Thinking it might be these new boys, I gave them a ring.

After the conversation floundered after about 10 seconds because I refused to answer security, I asked for the full correspondence address of the firm. When asked why I replied "so i know where to send my court claim form".....

Apparently (lol) I cant sue them because they are a collection agency. When I pointed out that they were a collection agency who had supposedly purchased an account with a large charges reclaim outstanding, as well as no CCA having been provided, the poor dear put the phone down on me.

This could get interesting