Thanks for the quick response as always guys, am on the phone to consumer direct now for some more advice first then if need be will contact OFT direct and FSA respectively

Right has still been some time since my last request and the worst thing happened on Thursday. Barclaycard decided to put their balaclavas on and went straight to my bank account and took out £546.14, leaving me with £20 cleared funds for the rest of the month. So I have called them obviously and asked what the hell do they think they are doing, they referred me to the terms and conditions (I bank with Barclays too -.-) saying that funds can be retrieved from my bank account if I dont payup. Im fuming of course. Now is this right, because I have requested my CCA 5 times now and had no response my account has gone into dispute and therefor until the dispute is resolved they are not legally allowed to take anything? I personally feel like they have basically stolen my money. I had no letter informing they would be doing this, I didnt even know they had my debit card details. Anyway they have basically screwed me over as I have rent to pay, bills, food to buy and travel expenses and they have cleared me out. My first call to them was in Barclays on saturday afternoon, I went into town to buy soe food, a new winter coat, some new shoes and to go tothe dentist to get a qoute to fix my broken tooth (sorry i know im thorough!) Anyway they did advise they should have left £100 in there (they actually only left £59.40 (there was another payemnt clearing so only £20 available) So after a half hour ruckus on the phone with them they apparently (I havent checked yet) put £41 back into the account. I asked for more but the department who took the money out (collections) do not work on a saturday and the operator had to liaise with them about it. So I called this morning and spoke to someone different. They advised me that to claim back the money I would need to provide proof that I actually rent/lodge, provide proof of the utility bills and they will give me back my money for them, So I asked about food and travel expenses to and from work (I dont drive so for trains etc) - to which they said thats why we left £100 in your account - I said even if you had (which the didnt) that is not enough and she said she couldnt help me. So I have to fax over these docs for proof, so I asked what about the rest of the money; she said "were keeping it as a payment". Im now livid and ready to blow. They have not mentioned any court orders, and to be honest I forgot to ask; but am I right in thinking that the only way they are able to take money from an account in dispute is with a court order. Im nervous, anxious my tooth is killing and I really feel at loss with this happening can anyone confirm my thoughts and If I really do have a solid case against them as I was thinking of calling the FSA and the police as in my eyes they entered by bank account and taken whats not theirs without asking or notifying. Thanks

Hi all been a month or so since I last posted, thought i would bring you up to date in the latest goings on in my case. So I requested my CCA once more after I wrote on here... still to no avail. Whats more in the past couple of weeks (while I was away) my account has now been passed over to another company "Calder Financial" - I think that's yet another "company" under the barclaycard roof. Anyway, despite me telling Mercers not to contact me by telephone anymore, as soon as it was passed to Calder, I received a phonecall whilst on holiday - I said I will only accept in writting, to which the woman replied "I cant do anything unless you answer this security question" - So i hung up. This morning i got a text: "Unless you call now, we may begin legal proceedings to recover the outstanding balance on your Barclaycard. Call 0844 2412500. Calder Financial" (are they allowed to pass these details on? I mean considering I asked them not to use thoose numbers - Should they have deleted the number from their records?) So they obviously are still going to call - so i called them to tell them not to contact me by phone anymore - Unfortunatly we stayed on the phone for a while arguing over payment (my bad) Anyway all the usual bullying tactics were used - she even questioned if what I was doing was fraud! Anyway I quickly dismissed the claims with counter claims to which they had nothing to say. So she gave me the address for CCA request AGAIN - To which i advised that I wil be claiming back for every other failed attempt. She assured me all i needed was £1 (I think the call centre staff are very ill informed about this). She also refuted the fact that anyone has actually won a case against Barclaycard (I told her to visit this site) And also said it may take longer than 14 days to receive my CCA request as they have had to hire extra staff because of all these claims? So Calder are basically saying what mercers have been saying all along - IS there anything different i need to try or is Calder the same as mercers effectivly? They obviously said we'll pass it onto a local debt collection agency who will do door step collections (not that im worried about it). Ill send the letter again tonight. If i get a reply Ill post it in on here. Thanks Fid P.S Sorry that i have not contributed yet CAG Admins/Moderators - I Will do at the end of the month! (bit skint from holiday )

Thanks for the quick response all, 42Man - Ill have a look when i get home later - i dont tend to open my barclay bills up anymore - they just sit in a pile. Zorro - Ill get a copy of the account in dispute letter - looks a bit better than mine Thanks - They no longer call, but i had to call them again just now to advise that i still have not received what i requested. In the last half hour they told me that a credit card does not have a credit agreement now?! Can anyone confirm this? I said im sure there is some kind of credit agreement, just not the kind you get for loans? May have ****ed in the wind there. PGH7447 - Does that mean they are over charging me then? I will definatly look into requesting Subject Access Request when i get home. Silverfox1961 - Yeh the past is a bit messy - As PGH7447 and yourself suggested i will get a Subject Access Request out to them - and ill be sure to send mercers the harrasment letter - and i like the idea of that anti tamper image - as im sure they dont have anything on me bar the single sig on the app form. Also they have just advised me that when i next call/contact them to advise of status that they will be expecting payment - and that casue the account is now 6 months in arrears soon the debt will be sold on - will this effect my case? I think i read in another thread that i can still request the same info through the new collection agency? Thanks in advance all, and thanks for the speedy replies - really appreciated.

Hi All new to the site, have visited before for information and now its got to the crucial stage in my battle with Mercers - Barclay cards debt collection department. First a little history, i was 18 when i got the card; as i was already a barclays customer they handed over the application form to me in a Barclays Branch and told me all i need to do is sign and date at the bottom... which i did - it was over in 5 seconds - Was then told card will be with you within 5-7 working days. No questions asked i was happy with that being in my juvenile mindframe still. This all happend 2003/2004. I maxed the card out within that month (my credit limit was only £400) since then i have been making the monthly minimum repayments, ive had a few spells of unemployment over the past few years which has added defaults etc - even though they were aware of my situation. So now were in 2009 and it was in february i first read about the dodgy credit agreements on or before 6th April 2007. Considering i wasnt even taken through the paperwork/agreement and was only asked to sign and date (i can only really remember signing), i thought something was up about that... and the fact they were charging me 24.9% apr (or there abouts) when at first i thought it would be 8.9 or something - again i was not advised of the apr, and whether it was fixed or variable. So in February my account gets passed to mercers as i had refused to keep paying the charges and interest. Ofc i got the "we'll come round and make u pay" letters etc so i decided to ask for a copy of my credit agreement as i did not have a copy and to be honest i dont recall ever being presented with a copy. At first they were more than happy to help me, the operator on the other end of the phone said thats no problem, we'll get that out to you; it could take up to 10-14 days - to which i said fine; put my account on hold till then, they did for a week before ringing me back asking for payment. i made them aware of the situation and asked for a another weeks hold until i receive it. The following week had come and still no letter so barclaycard again called me up asking for payment, i explained the situation which i was then told to the effect of "oh no sir, we dont send out the agreements from here; you must send to this address with £1 payment". Quite livid that i was giving the wrong information/ failed to be given correct information at first i said ok ill do that.They put my account on hold again for another week. I then get a call the next week for payment (after ignoring it at 8:30 am on a sunday and saturday morning) - and i love my weekend sleep. So obviously theyre asking for payment again. I explained the situation again and asked them to ensure this was infact being recorded on their system. I was then advised to the effect "i dont know who told you its only £1, you must send us £5" - Ofc i was outraged as i 1. had not even received anything back from first two letters and 2. i had already sent out payment. So i reluctently sent £5 in the post to the same address (which i confirmed with the operator) and asked them yet again to put my account on hold, luckily this time the operator said she will put it on a two week hold seeing as ive had trouble. Fair Do's. So time passed and still nothing. Mercers in the meantime (and inbetween these main phonecalls) were harrasing me all different times of the day. So then i get time to call them back, ofc they are asking for money; i yet again explained the situation and explained that i had indeed asked not to be contacted as i would contact them when i received correspondance. Unfortunatly this time i had a nasty piece of work on the phone. So she asked what is it i actually want, i said the magical words (which had been said many times before) I would like a signed copy of my credit agreement and application form please. She said why what are you disputing; annoyed at this point (i have short patience - especially with these people) I said read your friggin screen this has been going on for months. So obviously didnt like my tone either and started telling me they didnt have to provide that and started quoting the latest credit acts, to which i was saying blah blah blah the whole way through, i told her that doesnt apply to my account as it was opened under the old acts pre April 2007, which she seemed to take in. She then advised me that i had been given the wrong address to send my request to, and also given the wrong information about payment. She told me i had to send £10 payment with the letter to another address... i was steaming at this point as they had obviously mucked me around for months, and now they are apparently giving me the correct information.... raising the cost each time. I told her straight out i never signed a credit agreement and i was only presented with the sign here box on the application form in a barclays branch and not advised of anything else. Anyway so its been two weeks since that conversation, mbarclaycard called in the meantime and asked for payment, to which i told them to delete my contact numbers as they have been taking the ****, i told them only to ring weekday evenings, which they never (cause they have an automated system), they rang me at work 10:30 everyday - i said put my number towards end of the list then so its later in the day - they couldnt do that. As soon as i got off the phone to them, confirming they had infact deleted my number; i get a call; a mercers number. Obviously i answered in a not so hot tone and layed into them quite badley seeing as i had only just hung up telling them to delete my number! Anyway apparently that was a mistake. And they havent called since, i said i would call them in a week, after requesting the account to be held again for one week.. today is that day and i still have not received anything. I actually do want to get this resolved, but i feel like the mega interest ive paid off should equate to what ive borrowed. And oh yeh they also decided to sometime a couple of years back reduce my credit limit making my over my account limit - without calling me up or anything - i just got a letter saying we have reduced and not we will reduce (i.e. no notice) that month im pretty sure i got charges for being over credit limit etc. Anyway so the limit was reduced and i currently owe just under £600 to my recollection - its not alot but still a debt i dont want/shouldnt have if carefull scrutiny in accounts opened was in effect. Sorry for the long winded post, but thought background may answwer some questions. If barclaycard can only supply me with a copy of the application form, what i had only signed and was not aware of any workings of the agreement - maybe to the effect i wasnt aware there was an agreement - do i have a case? Also if they fail to supply me anything what can i do about that? Thanks in advance guys n gals and thanks for takeing time to read Fid