Hi all,

Having read through what seems like 1000's of posts I wanted to see if anyone can assist.

I have a Barclaycard with a balance of around £7900, and an Egg card now transferred to Barclaycard with a balance of £10500.

Due to a significant change of circumstances I have written to them to outline my financial difficulties, they had initially agreed a reduced payment plan, but even this I am not able to meet at the moment.

Looking at their corresponance it does not appear that they have not actually defaulted me yet, however I have started to recieve Mercers letters on both cards.

On 23/3/12 I requested copies of the CCA on both accounts, and they acknowledged receipt of the request on 27/03/12.

I know that some of the law around CCA has changed over the last few years, but am I right that after 14 working days, I should write to them saying that I place the accounts in dispute? The further 30 days is no longer applicable?

I MAY be in a position in a few months, with the generosity of a relative, to make a F&F offer, but I wanted to confirm that they have a valid CCA before making such an offer. Any advice on this?

I understand my credit record will be hit for 6 years, but think I can live with that. Just wanted to get all the pain out of the way now (if they have not yet defaulted me yet) to start the 6 years ticking on the credit record.

Hi Dewatt,

Same response as your other question - only difference is the Mercers are still Barclay's - it's Barclay's in-house DCA!

Copied, pasted and edited below from thread - http://www.consumeractiongroup.co.uk/forum/showthread.php?345419-MBNA-Virgin-CC(17-Viewing)-nbsp - post #2

Hi Dewatt,

If you have received no response within 14 days then you should have sent in the account in-dispute letter, if not sent, send it now.

30 days for a CCA request no longer applies.

Pay what you can afford - if your on benefits or you income has dropped to a low level than £1 a month.

As Barclay's are in default of your CCA request, you can legally stop payments until they comply.

Barclay's will eventually farm it out to a DCA.

Any PPI and charges to claim back?

When offering a Full and final - get everything in writing, make sure it is stated that the remainder of the debt will not be sold on, your credit file is reflected as a full settlement and even try and get the default removed.

Stigman

Thanks Stigman, I have recieved an acknowledgement of CCA request on one account on 27th march, and on the other account 10th April. Guess the Egg card is not fully integrated with BC yet and is being handled seperately. Given the CCA request was sent on 23rd March (Day 0), and with Easter, the 14 working days don't expire until 17th April, so will wait and see what comes back

Update 1 - On the original Barclaycard

It still looks like they have not defaulted me, as I have received statements for March and April still showing interest and late payment fees being applied.

A couple of letters and calls from Mercers but no default notice.

I have received a response to my CCA request dated 11th April stating that they enclose a reconstituted copy of the agreement, but all that was inclosed was a single page with the "right to cancel" declaration. In a seperate letter they enclosed their current T&C.

Update 2 - On the transferred Egg card

A couple of Mercers letters

A Default notice on 14th March, but curiously the April 27th statement still adds interest and late payments - so have they not exercised the default notice?

CCA Request response on 16th April with latest T&C and a reconstituted Egg aggreement - it has my name and old address on a blank page (with Right to cancel) then a standard egg T&C but nothing to show it relates to me at all - no dates etc.

Should I submit CPUTR letters on both to confirm if they actually hold valid CCA?

I

Update - CPUTR letters sent with no response at all.

Checking Equifax and Call Credit, both accounts are showing as late payment but not defaulted, so they are still adding interest.

F&F offer letter sent but no response.

Letters from Mercers and now a letter from Calder Financial regarding only one account.

Next steps? place the accounts in dispute?

It seems like they are just ignoring me, all the while being able to keep on adding interest. Any way that I can force a default just to stop the interest being added?

Any other suggestions?

Egg Credit Card now been assigned to Hoist who are now using Robinson Way.

Quick question

- On the Egg card,

the DN was issued by Mercers (on Barclaycard letterhead) on 14 March 2012.

However , on my credit files the default is not showing as listed until 15/8/12 some 5 months later.

now I'm happy I can show that its SB some time aound March,

but does anyone know if I can get the Credit file entries removed earlier if I can provide the DN to them?

Why would they wait 5 months to actually file the default?

because they can and they know full well that mercers DN were defective anyway.

when was the first missed payment...

Jan 12. So I'm confident its SB, its just I would like it off my credit file earlier, not be penalised because Mercers took so long to register the Default with CRA

then write to BC and complain

tell them under the ICO rules at the time the default should have been registered following the third missed payment

give them 14 days to rectify else you'll complain to the ICO and also seek financial compensation

Can you point me to the ICO rules so I can quote them?

they know them

no need

short and simple only no waffle