I sent DH's letter on the 31st January to Maria Roy, as above requesting the correct document. Today he received a letter from Mercers saying thank you for contacting us . We are unable to accept your curent offer of payment. And that would be what??.. DH didnt make any offer of payment to Mercers.. they were told to refer back to Barclaycard until someone had sent documents that had been requested that DH was entitled to ?? They would however like to take the opportunity to discuss the matter with DH.. Hmm, dont think so. If DH doesnt respond in 7 days they will set the local rotweiller onto him. What is really interesting is the letter I sent out was dated 28th January and Royal Mail website provides a POD dated 30th January 2008. Mercers letter to DH is dated 29th posted 2nd class and it was received today. Because I could see what it was .. I asked the postman to sign the envelope that it had been received today.. BEFORE I opened it !!. So they havent given anytime at all really have they to comply with their demand.. contact would have to be made tomorrow. This was my reply on DH's behalf... It was sent by Special Delivery and will be delivered tomorrow hopefully. Mercers Debt Collections Limited PO Box 55 Liverpool L32 8XX 04 February 2008 Dear Sirs, ACCOUNT IN DISPUTE : PLEASE DO NOT IGNORE THIS LETTER VISA ACCOUNT: XXXXXXXXXXXXXXX I am rather puzzled by your letter dated 29th January 2008 received today. I do not recall offering you any money whatsoever. My letter dated 28th January suggested that you contact Barclaycard as these accounts are in dispute. I have again written to MARIA ROY, COURT ORDERS AND DISCLOSURE CLERK, LEGAL AND REGULATORY COMPLIANCE, DEPT LRC on the 31st January and until such times as I receive the requested documentation from her this account will remain in dispute. Whilst these accounts are in dispute Barclaycard are committing a criminal offence by passing them on to a 3rd party. Please see the attached letter sent to Barclaycard on 25th January 2008 yet again enclosed for your information. Should you continue to send letters until this dispute has been settled, I shall be passing your details on to Trading Standards. Please be advised that I am only prepared to communicate with Barclaycard/yourselves in writing. OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; eg the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you persist in sending "doorstep callers" to my home, you will be reported for harassment and be liable for damages for a tort of trespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless. Should it be necessary, I will obtain an injunction. Please also note that your letter was dated 29th, giving me 7 days to respond it was then posted 2nd class . Because this is so obviously a ploy to get me to phone your office which I wont do.. I had a witness sign this letter on the date it was received … ie TODAY 4th February 2008 . Yours faithfully UNSIGNED... I cannot remember where I hijacked the part highlighted in green from.. but thank you for posting it on the forum. When I come across it again, I will edit this post and credit the originator.

When my DH first got himself into financial trouble a few months back we did try to cancel the PPI on a Personal loan ( DH's name only) he had been persuaded to take out by HSBC that covered the overdraft on our joint account and his HSBC credit card. We did not realise that we could try for a mis sell and appealed to their better nature !! to cancel the PPI and therefore allow DH to pay the loan off quicker I have read the stikkies on the PPI threads and also the documents that came with the paperwork for the loan and PPI after he had signed on the dotted line. 2 things leapt out at me and DH swears that he was not advised of these at the time of signing. 1). Eligibility; For the purpose of this insurance WORK means any paid WORK of at least 16 hours per week. 2). Important notes:. The POLICY does not cover a medical condition or related symptoms YOU knew about at the START DATE whether the condiiton had been diagnosed or not. This is known as a PRE-EXISTING MEDICAL CONDITION. Point 1). My DH is a Tutor employed on a Part time contract with a college one week he might work 19 hours, the next 8 hours. He does not get paid any retainer for the College breaks which amount to almost 3 months per year. Having gone through his work schedules over the year he works 14.29 hours per week spread over the year. This is not guaranteed however and some hours might be cancelled, none however are ever added. The bank were well aware of this fact. Point 2). 17 years ago DH was retired from his previous employment on the grounds of ill health (he is in receipt of an occupational pension) .. namely a back injury that required major surgery, that left him with a paraplegic leg. He had to have a medical before being employed by the college. At that medical it was deemed he could only be employed on a part time contract BECAUSE of his pre-existing medical condtion. The bank were well aware of this. Could I now have another go at the bank on DH's behalf to try and get this policy cancelled do you think. Also should I S.A.R the bank to obtain all or any notes made at the Bank when they called him in to set this loan up. Any comments would be most gratefully received. Thank you x

My DH phoned CCCS when he first got into trouble with repayments after taking a personal loan out with HSBC joint account without my permission. CCCS would not take put him on a DMP because he only had about £30.00 excess funds after essential expenditure. During his phoned interview the counsellor suggested putting our house up for sale although there isnt a great deal of equity in it. They then suggested that I put my excess income into the pot and basically default on my credit cards so that everyone of the debts would get something. At the moment I am CCAing all of my DHs creditors just to give a bit of breathing space. I will then think seriously about a DMP plan but possibly trying it on my own first.

bump

would someone be kind enough to check this is a suitable letter to send to barclaycard. Sequence of events 12th January 2008 - I sent a CCA request 25th January 2008 - letter dated 22nd January received from BC with the usual re overdue payments even though £1.00 token payments are being received by them and shown on statements. In this letter I am advised 'you must make your payment or we'll instruct mercers Debt Collections Ltd to send you a default notice in accordance with 'our' rights, etc... Because it was so close to the date (4th Febraury) when BC should have complied with my CCA request, I sent them the reminder CCA letter. 29th January 2008 - Letters received from Mercers dated 25th January 2008 enclosing Default notices as advised. I replied immediately advising accounts in dispute and suggesting they return the files to their client until such times as my CCA request had been complied with. 30th January 2008 - Yesterday I received from Maria Roy, Court Orders and Disclosure Clerk in their Legal and Regulatory Compliance Dept enclosing the documents as in the first 2 posts of this thread. One of which I am advised by pt2537 is not an agreement but a mailer application form. my letter is as follows I would appreciate any comments,. Thank you x Barclaycard 1234 Pavilion Drive Northamptonshire NN4 7SG ATTENTION: MARIA ROY COURT ORDERS AND DISCLOSURE CLERK LEGAL AND REGULATORY COMPLIANCE DEPT LRC ACCOUNT NO: VISA XXXXXXXXXXXXXXXX THIS ACCOUNT STILL REMAINS IN DISPUTE Re: my request under the Consumer Credit Act 1974 Thank you for your letter dated 29th January 2008. The document enclosed however does not fulfil your requirements under the Consumer Credit Act 1974. The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter. My request remains outstanding. A signed pre-contractual application form does not constitute a true copy of any credit agreement. I still require you to send me a true copy of the original credit agreement. I am enclosing copies of the letters sent to your company requesting this agreement. The original request made on 12th January 2008, gave you until the 4th February to comply with my request. However due to the actions of LK Dineen who instructed Mercers your ‘In House’ Collection agents, it was necessary for me to send the reminder early. This was received by Barclaycard on 28th January and gives Barclaycard until 4th March to comply. Yours faithfully

My husband was asked for this information from Capital one. CCCS said they were not legally entitled to it, as it would give them an advantage over other creditors !.

Subscribing

Many thanks for your replies. The first one, the Modifying agreement for Mastercard is a Valid agreement. The 2nd, the Visa page is not a valid agreement because it is a Mailer application form and not an Agreement not having the proscribed terms. Could someone please point me in the direction of a letter I can send asking Barclaycard to rectify this. Thank you x

This one Visa. The letter enclosed with this says enclosed : a signed copy of your application credit card Agreement, a copy of your original Barclay card conditions and a copy of your current Barclaycard conditions.

Barclaycard have sent these 2 documents one for Mastercard and one for Visa. Could someone please confirm if they are correct. Thank you. This one Mastercard. Along with this there was a letter saying enclosed: A signed copy of your Application Credit card Agreement and a copy of your current Barclaycard Conditions.

I have received 2 of these this morning am subscribing to your thread in interest

Thanks Robcag, it is a personal loan and yes.. now there are charges for the missed payments.

bump:D

If you click on the 2nd link that was given above and scroll down there is a section headed 'consequential loss' and it says... If you’re sending an item that could be costly if it is lost, damaged or delayed in transit - such as a contract or legal documents - then take advantage of our consequential loss cover of up to £10,000.

Here is the letter from BOS, on the 2nd page next post down, I dont understand the bit where it says DH can 'apply to the court which may make an order allowing you or any surety more time. ' What court?, they say they will be passing the debt to a DCA, nothing about a court appearance !

Thank you, I will scan the letter in.

I am about to enter the MBNA nightmare trail and have therefore been reading your hassle with them. This looks to be very good news for you, a great start to the New Year. congratulations

Thanks 42man, so should I just ignore this default letter. Not respond to it at all ?

I CCAd the Bank of Scotland on 14th January 2008, I have the signed POD from the Royal Mail website to say that the letter was signed for on the 18th. Today, I have received a Default letter dated 17th January 2008. Because they use the prepaid system of postage there isnt a posting date on the envelope !! Is it likely that they would have backdated any correspondence so they can say they sent the default before they received my CCA request? The 17th was a Thursday, and I am finding it hard to believe that this IMPORTANT/URGENT letter has taken 6 delivery days to reach me when their previous bog standard threatograms are usually delivered 2 days from date of letter. What should I be doing now please? I am supposed to respond to this default notice before the 31st January.

This is definitely a nono !

http://www.consumeractiongroup.co.uk/forum/general-debt/126716-scared-witless.html I have / had a joint account with my DH at HSBC. A few months ago Dh was called into the branch and advised the overdraft facility and his HSBC credit card were being withdrawn. They were happy to replace these with a Personal Loan in his name only. I cancelled all Direct Debits when I discovered he was in difficulty and am paying them from my personal account with Lloyds. Trying to get myself removed from the joint account though is proving very difficult. HSBC wouldnt cancel the Direct Debit for DH's Personal loan and are continuing to pay it, bounce it and add charges and interest to the joint account. 1) should I CCA them in my name only, forcing them to provide a document with my signature on it, which of course they cant because I didnt sign one and wasnt even told about the loan until 2 months after it had been arranged. or 2) Just send them the letter below: Any comments would be appreciated. Thank you x Dear Sirs, RE: ACCOUNT NO: xxxxxxxxxxx I am in receipt of a statement on a joint account that should no longer exist. The statement shows that a personal loan in the name of XXXXXXXXX is being paid by Direct Debit, then bounced due to no funds being available. The charges and interest are showing the account in an overdraft condition because of this. My husband had no mandate from me to take out a loan without my signature or knowledge therefore I must now insist you refrain from trying to obtain bank charges from me. You early attention to this matter is requested. XXXXXXXXXXXXX

I understood it wasnt ethical / legal for a creditor to put pressure on you to take out a loan on your home to clear their debt. Because it will be only their debt they will offer to clear and at the most horrendous interest rates that will probably leave you no better off than you are now.

Ok, will keep the endowment on the back burner for the time being. Many thanks to everyone who has taken the time out from their lives to help me sort mine out. It really is very much appreciated. x

thank you. All cards were shredded both DH and mine in October. I posted CCA letters to DH's creditors on Tuesday. Will send out balance of CCA letters today and keep you updated on this thread. Again, thank you