Hiya, Before I reply to them, I've just noticed that the letter with the statements says "The information we have enclosed relating to this account is all that we hold". Should I ask them to confirm that they do not hold the agreement? Thanks R

Hi All, Slick, you were right, they did not send the agreement in response to my SAR. They have just sent a bunch of copy statements. Any advice on my next move is much appreciated. Thanks R

Yes, you are right. I have received the same rubbish as everyone else in response to my CCA request. Will send SAR and "bemused" and post back with any updates. Should I make sure SAR specifies that I want a copy of agreement? Thanks R

Thanks Slick, So in the meantime is a SAR to Barclaycard and a "bemused" to Mercers appropriate or do I just leave the ball in their court? There is usually 1 or 2 attempted calls per day from Mercers. R

Hi All, Just watched Dispatches. Why didn't anyone say "just ignore the calls" ? There was also no mention of valid agreements etc? Maybe thats for another show. Anyway, I'm in the same boat here, having had no agreement from them and now receiving calls from Mercers, which have so far been successfully avoided. I have read that BC will not produce agreement even if you SAR them so is there any point in doing that? I'm in Scotland so can't use CPR. Also read something about Mercers being listed as a Dormant, Non Trading company. Could this be mentioned in a letter to them or will the standard "bemused" letter do the trick? Thanks R

I too would like to fire off a letter to them about all this. It'd make a satisfying change from the "bemused" letter. LampLighter? Any progress with your research?

I'd give them a call and see what they say.

You could ask for a RECONSIDERATION over the phone or just make a completely new claim over the phone stressing that you wish to claim ESA(IR). Ry

Also make sure your medical certificates are up to date. They will not pay if the certificate has expired. Ry

Thanks Ida, I was all ready to go guns blazing into a "you have confirmed you cannot locate the agreement therefore debt should be written off" type letter. Too soon for that? Cheers Ry

Hi Ida, Received strange (but getting my hopes up) letter from Barclaycard today. It reads word for word: "Thank you for your request for information under section 78 of the Consumer Credit Act 1974. Based on the information you have given we are unable to locate your client's account details. Please provide further information to allow us to proceed with your request such as previous addresses or Barclaycard Account Numbers." I have only ever had 1 account and 1 change of address that they are well aware of. Sneakily they havent put my name,address or account no. on ths lettter, even the envelope was handwritten. Any ideas on how to respond? Thanks again Ry

Much appreciated Ida. I'll send that off. Ry

Thanks blueda & Ida, It was the "exclusive juristiction" bit that got me thinking. I'll see what they do next then most likely send a SAR unless you advise anything else. Any thoughts on the chances of them having an agreement from 1995? Cheers Ry

Hi Everyone, Like many others I have recently CCA'd Barclaycard and got their standard response of Terms & Conditions supposedly from when I opened the account in 1995 and a current set. I have since read that Civil Procedure Rules can be used to obtain a copy of the original agreement if they have one but that I can't use them as these rules do not apply in Scotland. I have just had a look over the Terms & Conditions and something jumped out at me. The 1995 set say "This agreement is governed by English Law" the current set say "The terms of this agreement, and our dealings with you with a view to entering into this agreement, are governed by English Law and subject to the exclusive juristiction of the English courts". Does that mean they couldn't take the issue of enforcement to a Scottish court? Would they be able to summon me to an English court? Any thoughts or advice is much appreciated. Thanks Ry

Hi jeccapf, It sounds like they are saying they paid while you were earning too much although I can't see how thats possible if they were ok'ing the amounts you declared. Good luck with the reconsideration and unless I'm mistaken you have a further month from the date of reconsideration to submit a formal appeal. If it goes in your favour you could ask for an ex gratia compensation payment due to maladministraton and untold stress it caused etc. etc. Might not get anywhere but worth a try and it shows them your no mug. R