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Mercers-Barclaycard claimform - faulty DN **WON**


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Hello anybody,

 

 

After sending a CCA request to Barclaycard I have now received what is in fact a photocopy of an application form. I am 100% certain that this document does not fulfill the CCA request, but I guess I'm looking for some reassurance!

 

At the top it says "Barclaycard Application". Under this is my personal details. Name & address first, then DOB, marital status & nationality etc. Next is other financial info, other cards and bank account details. Then comes employment details. Then some tick boxes for stuff like balance transfers, PPI & Data protection stuff. Then under this lot is the signature boxes. One signed by me and dated, the other is for 2nd cardholder, I think as I can barely read the print! These are the only two signature boxes on the form.

 

On another sheet of paper is a photocopy of the Terms and conditions. There is no indication of the date of these T's & C's!

 

On the letter which accompanies the other two documents, it states:

 

Please find below the information required:

 

a) A signed copy of your Barclaycard opening application form Regulated by the Consumer Credit Act 1974.

b) A copy of the Barclaycard Terms and Conditions.

C) the credit limit on your Barclaycard Account is £xxxx.xx.

d) Your account is currently over the limit by £xxxx.xx.

e) The total payment of £xxxx.xx will be due on the xxx of xxxxxxxx 2007 of which £xxxx.xx is due immediately.

 

 

Unfortunately I do not have access to a scanner at the moment, but hopefully I will have in the near future. I will then post a copy of the "agreement" for everybody's perusal.

 

Until then, all comments are very welcome!

 

 

Jeff.

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Jeff,

 

I too am a noob. But does it say on the doc they have sent you anything along the lines of 'this agreement is regulated by the consumer credit act 1974' or similar.

 

Is it signed by them and or you?

 

I too am being hounded by mercers on behalf of BC. I sent my CCA request earlier this month and have sent letters to mercers notifying them the debt is currently in dispute.

 

They have called my mobile, my works, texted me and left messages on my answerphone despite me already having requested communication in writing. The calls stopped for a bit after I reported them to TS and the OFT but I am strongly considering reporting a crime of harassment with the local fuzz.

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Hi Jeff,

 

This application form, is it your writing on it? The reason I ask is that my hubby received his from Barclaycard after asking them to prove he asked for PPP. They sent him a copy of "his" application and the only thing on it that is his is his signature. The rest has been filled in by someone else. There are also some glaring mistakes on the form which, had he made, they would not have been able to collect any money via DD's on this account. He has written to them asking them how this application came about. Still awaiting an answer ......... by the way - he too gets calls from mercers we put them on hold ...... back on the cradle on the phone!!

 

Ajjars

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Hello anybody,

 

 

After sending a CCA request to Barclaycard I have now received what is in fact a photocopy of an application form. I am 100% certain that this document does not fulfill the CCA request, but I guess I'm looking for some reassurance!

 

At the top it says "Barclaycard Application". Under this is my personal details. Name & address first, then DOB, marital status & nationality etc. Next is other financial info, other cards and bank account details. Then comes employment details. Then some tick boxes for stuff like balance transfers, PPI & Data protection stuff. Then under this lot is the signature boxes. One signed by me and dated, the other is for 2nd cardholder, I think as I can barely read the print! These are the only two signature boxes on the form.

 

On another sheet of paper is a photocopy of the Terms and conditions. There is no indication of the date of these T's & C's!

 

On the letter which accompanies the other two documents, it states:

 

Please find below the information required:

 

a) A signed copy of your Barclaycard opening application form Regulated by the Consumer Credit Act 1974.

b) A copy of the Barclaycard Terms and Conditions.

C) the credit limit on your Barclaycard Account is £xxxx.xx.

d) Your account is currently over the limit by £xxxx.xx.

e) The total payment of £xxxx.xx will be due on the xxx of xxxxxxxx 2007 of which £xxxx.xx is due immediately.

 

 

Unfortunately I do not have access to a scanner at the moment, but hopefully I will have in the near future. I will then post a copy of the "agreement" for everybody's perusal.

 

Until then, all comments are very welcome!

 

 

Jeff.

 

You said it all in the 1st paragraph of your post. You're right to be 100% positive that this doesn't satisfy your CCA request.

Just hate every DCA out there

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Hi all,

 

Many thanks for your replies.

 

seabro, I far as I can tell it only mentions that the agreement is regulated by the Consumer Credit Act in the sig box!

It is only signed by me!

 

ajjars, It is in my writing, however a couple of the ticks in the boxes for PPI and Data Protection are a different "style" than the ticks elsewhere on the form!

 

pmhcfc, Yes I agree, I am 100% sure that this does not satisfy my request. But like I said, I suppose I am looking for reassurance from you guys!

 

I should be in possession of a scanner by the middle of next week, so I'll post a copy of this "agreement" and then you can all see for yourselves!

 

 

Cheers, Jeff.

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ajjars, It is in my writing, however a couple of the ticks in the boxes for PPI and Data Protection are a different "style" than the ticks elsewhere on the form!

 

Hi Jeff

 

Now why doesn't that surprise me?

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ajjars, It is in my writing, however a couple of the ticks in the boxes for PPI and Data Protection are a different "style" than the ticks elsewhere on the form!

 

Hi Jeff

 

Now why doesn't that surprise me?

 

 

Hello again ajjars,

 

 

Yes, but how could I ever possibly prove what you and I are thinking??

 

 

PS. Still waiting for my new scanner!

 

 

Jeff.

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Well Jeff,

 

 

The way I see it is any application form would have been filled out either by my hubby himself, or by me and then him signing it. We have never applied for credit on the highstreet/in shopping centres/exhibitions/etc so the application must have been filled out at home, and we never take out this useless insurance anyway, so I know for a fact that he never ticked the form, cos he never even filled it in! The thing is we will be prepared to stand up in court to prove this ..... but will they? I have CCA,d them for all the original agreements - lets see what they come up with.

 

As regards to how YOU would prove it, if it were me I would claim for the PPI back, and if they refused I would let them know that I would take them to court and use any other agreements or paperwork that I had with my "ticks" on to compare with their copy. If they were not your "ticks" would they risk it?

 

Ajjars

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Hi ajjars,

 

 

I think I'm going to have to have a good look into all this PPI malarkey! The trouble is I can't honestly remember which cards etc, I may of said yes to PPI. Like most people, in the early days I was conned into accepting this rubbish. It was probably a little later on when I became wise to the "alleged" [problem].

 

 

Jeff.

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Hello,

 

It might be a good idea to black out your personal information/account number etc on the attached scanned document asap.

 

MM

 

Hello,

 

 

Woops!!!:o

 

Thanks for that MinnieMouser. I posted the wrong copies.

 

Hopefully done it right this time!

 

Cheers, Jeff.

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Hello,

 

 

Woops!!!:o

 

Thanks for that MinnieMouser. I posted the wrong copies.

 

Hopefully done it right this time!

 

Cheers, Jeff.

 

The third pic says it all....Its a copy of an Application form..It's a big fob off...It hasn't complied to your CCA request at all...none of it has.

Just hate every DCA out there

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The third pic says it all....Its a copy of an Application form..It's a big fob off...It hasn't complied to your CCA request at all...none of it has.

 

 

Hello pmhcfc,

 

Yeah! That's exactly what I think!

 

It's just nice to get other peoples opinions. More reassurance!

 

Barclaycard still have some time left before they default on the CCA request. I shall then be writing to them to politely point out the errors they have made.

 

Jeff.

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Hi Jeff,

 

That application form you got is different to the one I received when I queiried hubbys PPP payments. His was in 2004 tho - so they could have changed them. I have CCA'd Barclaycard for all 3 of his accounts (cos the application form they sent out has NOT been filled out by him or me). As soon as I receive a reply (ha! ha! - still waiting for the SAR since 25th Jan) I will try and post his copies. Don't worry - I will start a new thread!

 

I wonder tho if the "agreements" they will send out will be the same as the one we got already - cos this form quite clearly states it is an "application form" ........ hmmmmm,

 

 

Ajjars

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Hello pmhcfc,

 

Yeah! That's exactly what I think!

 

It's just nice to get other peoples opinions. More reassurance!

 

Barclaycard still have some time left before they default on the CCA request. I shall then be writing to them to politely point out the errors they have made.

 

Jeff.

 

Er, why bother? Not up to you to remind them of the law they all should know...Why disturb the hornets nest? Let them commit offence before you remind them of their shortcomings :grin:

Just hate every DCA out there

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Er, why bother? Not up to you to remind them of the law they all should know...Why disturb the hornets nest? Let them commit offence before you remind them of their shortcomings :grin:

 

Hi pmhcfc,

 

Sorry, that's what I meant.

 

I'll be writing to them after they have defaulted. To let them know that what they have sent me is basically......pants!

 

Jeff.

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  • 3 months later...

Hi,

 

 

Well, I wrote to Barclaycard after they defaulted on my CCA request.

 

I have recently received a letter from them, informing me that they have in fact complied with the CCA request. (Don't think so)!;)

 

I think I will now report them to my local TS. So far they have been quiet helpful with my complaints!

 

 

Jeff.

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  • 6 months later...

Hi all,

 

 

I have recently received a LBA from Barclaycards sols.

 

Basically it gives me 7 days to pay up else they will commence legal action etc.

 

The sols are Optima Legal Services. So any info on these would be appreciated.

 

 

Jeff.

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Hello everyone,

 

 

OK, I have now received a court claim form.

 

It was sent from the Northampton bulk processing centre.

 

Issue date is 24th January.

 

Looks like I am going to need a bit of help with this, as it is the first claim against me. So any help at all would be appreciated very much! Also, ask away if you have any questions.

 

PS. The amount claimed does include some bank charges but I am not sure of the amount yet.

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Before any experts look in, and to save a bit of their time, it might be advisable to post here the claimants POC as these can sometimes (usually?) be a bit vague and insufficiently particularised (don't forget to remove your personal details first).

 

Rob

Edit: typo

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Before any experts look in, and to save a bit of their time, it might be advisable to post here the claimants POC as these can sometimes (usually?) be a bit vague and insufficiently particularised (don't forget to remove your personal details first).

 

Rob

Edit: typo

 

Yes, please post their poc.

 

 

Hi all,

 

 

OK, here goes:

 

 

Particulars of claim:

 

The Claimant s claim is in respect of a credit agreement regulated by the Consumer Credit Act 1974 whereby the Claimant provided the defendant with a credit card and in return the Defendant agreed to pay at least the minimum payment given in the statement. A default notice was served on the Defendant on XX/XX/XXXX.

The Defendant has failed to comply with this. The Claimant s claim of X,XXX.XX is the sum owed plus accrued interest as at XX/XX/XXXX.

Demand for payment has been made, however the sum due remains outstanding.

 

That's how it appears on the claim form. The spelling is also how it appears!

 

I have blanked out a couple of dates and the amount claimed, but I can reveal these if you wish.

 

Also added to the amount is a court fee and a solicitor's fee. I can also reveal these if it would help.

 

 

 

Regards, Jeff.

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