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Sent a SAR request on 23rd Jan to Barclaycard for hubby's accounts. Got some statements through after 52 days, a few more after 59 days and still awaiting the rest. They have passed these account to Mercers aka Morons. Hubby has had no end of grief from these people ringing him at work, despite 4 letters stating not to ring him at work and quoting various Acts. He has now given in to their harrassment, and simply puts them on hold ...... forever!! Hubby has 3 accounts, one had PPI added to it which he doesn't remember requesting. So asked for proof of this and along came an application form - filled in by god knows who with hubby's sig on it - but incorrect Bank details. This account has always been paid by direct debit - but with the incorrect details they have on the app form - this would have been impossible.
Because of all the threats from Mercers we CCA'd both them and Barclaycard. Now despite the SAR request and now the CCA request, we have received none of the original applications, or any of the original executed agreements. I wanted to see the other application forms to see if they were indeeed filled in by hubby or me.
We have initiated a claim, on estimated charges at first - and now part estimated on the basis of their non compliance of the SAR. They are definately one of the hardest to deal with. Delaying tactics seem to be thier main ethos.
Has anyone else had a CCA request complied with? Did they supply your original agreements? Have your application forms been "doctored" in any way - and if so - what did you do?
Any info would be gratefully received - I need to know how best to proceed with this. Did start a thread before on the dodgy application thing - but didn't get much of a respose (think I posted it in the wrong forum!)
Day 68 and still waiting for the missing statements. CCA request compliance was received last week - just within the time limit, but have no signed agreements, just terms and conditions and a statement of account for all 3. Mercers have not responded to their CCA request at all. The calls to my husbands work continue - even after the threat of hubby's works legal dept looking into this. The letters have started to arrive from them again. Got one today - another pay up or else!! HA! HA! fat chance!
Yesterday we got a letter offering a small amount as a gesture of goodwill off of all 3 accounts. Nothing near what we are claiming. Letter sent back yesterday - thanks but no thanks!
Think it is time to up the ante now. Been reading Maxine's thread and they have treated her unbelievably badly as well. She is now going for compounded contractural interest. Think I might just do the same. Nothing ventured - nothing gained as they say, and Barclaycard really need to start treating their customers properly! Maybe if all claimants went after CCI and got it, that would make them think! Hit them where it hurts ...... Rant over......
Nothing new to report. Although finally Mercers calls to hubbys work seem to have stopped. Mercers have not complied with the CCA request and were in default on 30th March. They still send the odd "pay up or else" letter, and the "we will be visiting you shortly" one, altho they have yet to turn up!
It's all gone very quiet. Will be sending a shedule of charges to them re all three accounts, this week but will be claiming compounded contractural now. I will give them a further 14 days as an lba, and then (it will be payday!) I will be filing at court.
From what I can see, the very fact that they havent provided you with a signed copy of your credit agreement within the appropriate timescale renders the account null & void & the debt unenforcable.
Have you sent out a letter re harrassment that is in the library here? If not then you need to read it & get one out to these leeches pronto.
Calling & harrassing your husband at work like they've been doing is absoloutely horrific & must be so embarrassing & uncomfortable for him. How flamin dare they!
I am outraged I seriously am.
Try & read through a few more threads here as you may find some more letters/advice about this & what you can do about it.
Im so sorry that you are both going through this. It sounds just dreadful.
Take care - I shall keep my eye on your thread now!
Despite my instruction regarding any communication from your company, which stated that I require all communications in writing, your telephone calls continue.
This behaviour constitutes harassment; my instruction stated quite clearly to you that I require all communications in writing. Do not telephone me again and remove any telephone numbers you hold for me from your systems.
Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue to telephone me after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that all telephone calls are recorded.
This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. Should the telephone calls not cease immediately a formal complaint, containing copies of all correspondence including yours, will be submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.
Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.
I trust that I have made myself understood on this matter.
Yours faithfully
Thats the type of thing you need to be ramming home to them!!!
Thank you so much for your sympathtic outrage and sound advice!! Hubby had a letter from B/C today stating that they are sorry he feels he has been harrassed and his comments have been noted and from now on all communication will been written, so a bit of a victory there! I am still waiting for the original signed agreements and the application forms pertaining to all 3 accounts. Think this battle will rage for a while yet. Got a lot on right now and a holiday in 2 1/2 weeks so I will be filing at court on my return, and then the S**t will hit the fan!
I will be compiling complaints to all the relevant authorities about their behaviour and lack of response to our complaints. Might not do much good but it will make us feel better!!
Once again - thanks very much for your time and advice.
Ajjars O/H
request on 23rd Jan to Barclaycard for hubby's accounts. Got some statements through after 52 days, a few more after 59 days and still awaiting the rest. They have passed these account to Mercers aka Morons. Hubby has had no end of grief from these people ringing him at work, despite 4 letters stating not to ring him at work and quoting various Acts. He has now given in to their harrassment, and simply puts them on hold ...... forever!! Hubby has 3 accounts, one had PPI added to it which he doesn't remember requesting. So asked for proof of this and along came an application form - filled in by god knows who with hubby's sig on it - but incorrect Bank details. This account has always been paid by direct debit
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