Re - Dispute letter, Barclaycard are saying they have complied with S/78 can I still send that letter

Thanks, I was paying the miniumum payments - last payment made was 14th July 2009 and I wrote to them s/78 on 24th July 2009 they then took a payment (offsetting they called it) out of my bank account on the 26th August 2009 (although they credited this back to my bank account but did not add it back onto the Barclaycard debt). I have not sent a letter stating that I am disputing this debit, do I need to do this? Also what should I say to Mercers - do I just keep asking them for the original paperwork that I signed??

I have written to Barclaycard and requested my agreement under the S78, I received the standard reply of a copy of the Terms and Agreement. I then wrote to them requesting the agreement under CPR and got another reply about the S78 and the final paragraph of their letter stated that my reference to the CPR 'discolusre in certain limited circumstances, which do not apply here' basically telling me they weren't doing anything. I then wrote a 3rd letter (2nd letter in this threat) stating why I wanted the docs got 2 letters back one saying they had carried out their obligations under S78 and the other going on about S78 and again their obligations. I have now received a letter from Mercers Debt Collections Limited and am a bit worried and very confused on what to do next. They state that they act as agents for Barclays Bank Plc trading as Barclaycard and request payment. They state that if I do not pay then a debt collection agency will send a Formal Demand to me and ask for repayment of the whole balance. I really am worried and don't know what to do next, will I have debt collectors at my door, do I just ignore these letters or should I go and see a solicitor now to ask them to look into it for me. Any help would be appreciated, I have read these thread but just seem to get more confused. (don't think being pregnant is helping me as I am getting confused about most things lately)!!

Even if the debt is just in my name - the Barlcaycard is mine.

I think I understand what you are saying, but am a little unclear on the stance regarding a joint account. Should I cancel this with my husband, it is my Barclaycard - I am in the process of opening another account to enable me to cancel my current account, but should I be doing the same with the joint account?

Thanks, I have started getting another account open (have decided to send the CPR letter now as this should get me the copy of the credit agreement) - thanks

So is the general opinion that I should now proceed with the CPR letter in thread number 2!

Can anybody help, very worried here. I sent the standard letter under section 78 of the CCA to Barclaycard on 24th July, had the standard responses of 2 seperate copies of terms and conditions. I was about to send the dispute letter but received another letter from Barclaycard stating that ' we have carried out our legal right to set off the outstanding arrears owing on your Barclaycard account against the credit balance in your Barclays account'. Can they do this, my Barclays accout is currently overdrawn so they deducted the money but refunded it the same day. I am very worried about this as I have both my personal account and joint account with Barclays - am thinking of just paying the Barclaycard bill! Can anyone suggest what I should do - thanks!

Hi Slick, thanks for your reply - I have been ill so unable to get back to you yet. I am going to send the dispute letter today at least this will help my case to stop any further interest being added. I sent my CCA request on the 24th July. However I am very worried about continuing with this as I have just received a letter from Barclaycard advising me that they have 'carried out our legal right to set off the outstanding arrears owing on your Barclaycard account against th credit balance in your Barclays account. Have you heard of this before, it is very worrying as I have my personal account and joint account with Barclays, can they just take the money from me. (luckly i was overdrawn so they have deducted the amount but paid it straight back in again - I assume they can't put you more on your overdraft). I am beginning to think I should just pay the bill - any thoughts!

Thanks for your quick reply, but that is where I am a little confused, should I now issue the dispute letter or wait until I am contacted by someone like mercers?

HI can anybody help, I have been trawling through the site and seem to be getting conflicting information about the next stage in querying my account with Barclaycard. I have send the first request letter - see below Dear Sir/Madam, Re: Account Number XXXX XXXX XXXX XXXX This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply. If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee. We look forward to hearing from you. Yours faithfully I have received back 2 letters the first enclosing a copy of the 1996 Barclaycard T/C and the second one enclosing a newer version of the Terms and Conditions. WHERE do I go from here, is the account now in dispute or do I have to write back and say that they haven't send the signed credit agreement so it is in dispute - Help I'm Confused!!!