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Hi, I've almost completed (successfully) my action against Barcalys Bank and have now decided to start on Barclaycard.
I've had money problems for some time but, with the help of the Citizens Advice Bureau (CAB), contacted all my creditors before things were totally FUBAR. All my creditors were great and accepted my offers, froze my accounts and stopped charging interest EXCEPT FOR BARCLAYCARD! No, they chose to totally ignore all communications from myself and the CAB and continued charging me interest,over credit limit charges and late payment charges.
This months statement arrived today and as well as all these charges etc there was this covering statement.
"Your account is seriously overdue. Please be aware your card has been withdrawn. You must pay XXX immediately followed by a further XXX to reach us by XXX. Mercers debt collection agency is now dealing with your account. If you are unable to meet the above terms please call immediately on 0870 410 0391 blah blah blah"
What I'd like to know is this -
am I dealing with 2 separate issues here ie. debt and unlawful charges?
should i contact these Mercer people and reiterate my original payment offer ?
Will they now freeze my account automatically or what?
Should I wait to deal with the charges issue until Mercers have been dealt with.
They've been adding interest at £50 ++ a month despite asking them to freeze everything. Is it possible to reclaim some/all of this as well.
a sort of fire-fighting role here. Hate HFC & their past compulsory PPI ethos
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Re: Me v Barclaycard and Mercers DCA
doesn't help i know, but
barclaycard & mercers [their in-house DCA] are a really hard nut to crack,.
i'm currently helping someone else too.
it's about time everyone got together and made a mass complaint.
they just do not listen or give up
have a good read around and see how others are going about it
doing that myself.
i would start paying them what you can afford regularly every month without fail [token payment].& write as such.
just keep doing it regardless of what they say or do.
a judge [if it every gets that far] will laugh them out of court.
i would SAR BC and claim all the charges back with contractural interest too.
we are all with you
dx100uk
GETTING THREAT_O_TEXTS OR SPOOF BAILIFF CALL FROM M T COLLECT read here
7. Thinking of a Full & Final Settlement?Read Here
my views are my own...seek legal advice if ness
NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
- alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
rather than hittting to be my friend - hit the star
If the charges are going to be far less than the debt then send them a CCA request recorded delivery and put at the top of it THIS ACCOUNT IS NOW IN DISPUTE. They will default on this request (12 working days after receipt of request). Once they default the debt is unenforceable - so stop paying them. Once the debt becomes unenforceable they legally have to suspend interest on the account.
Send the CCA request to Mercers (as Barclaycard may not tell Mercers that the account is in dispute). Mercers then have a legal obligation to pass the request onto Barclaycard.
Thankyou both, very useful info there. I'm not sure about making any payment though - under the advice of the CAB I haven't paid them anything since informing them of my financial difficulties. According to the CAB Barclaycard are notorious for not dealing with customers like me until about 6months of non-payment have elapsed.
Bearing this in mind should I still do as rory32 advises?
What is a CCA?
When you say 'the debt is unenforceable once they default' could you please explain exactly what that means.
Sorry if I sound a bit thick, sometimes it takes a while for things to sink in.
Thanks.
A CCA request asks for the creditor (or its agent) to supply you with a copy of the credit agreement on this account as regulated under The Consumer Credit Act 1974.
CCA = consumer credit agreement
When you say 'the debt is unenforceable once they default' could you please explain exactly what that means.
The debt is unenforceable in law until they produce a copy of the agreement (often even if they can produce a copy it does not comply with The Consumer Credit Act 1974 - so is unenforceable). This means that they can not lawfully default you, they can not lawfully enter a CCJ against you, they can not charge you interest and you do not have to make payments towards the debt.
Also if the debt is in dispute a debt collection agency is in breach of OFT guidelines if it tries to pursue you for the debt.
Me v Barclaycard and Mercers DCA
EXCEPT FOR BARCLAYCARD! No, they chose to totally ignore all communications from myself and the CAB and continued charging me interest,over credit limit charges and late payment charges.
Basil as a baby
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Re: Me v Barclaycard and Mercers DCA
