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Providian Monument Barclaycard


mickeybroom
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Honey5

 

You have made me look again at the docs Barclaycard sent and I think you are right. Further investigation is needed, meanwhile I shall just sit tight and see what happens. And no I will not call you thick as you may have stumbled on a good point, so thanks.

 

 

Hi Slick132

 

I shall indeed be sending the letter from Curleyben. Its a goodun' and yes I have already established that Mercers are a department of Barclaycard. They don't concern me at all, and they have stopped phoning as well. Oh the bliss of silence.

 

mickeybroom :)

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  • 4 weeks later...

Update

 

Another threatogram from CSL

 

Notice of legal proceedings etc, CCJ, Court costs, possessions being seized, and attchment of earnings. :o

 

7 Days or else :)

 

Do they not read their post? I have now sent two letters telling them the account is in serious dispute and why haven't Barclaycard produced a valid CCA. Ignorance is bliss they say. Well CSL Mercers and Barcaycard must be extremely blissful as they are certainly ignorant.

 

Another one to ignore I presume.

 

mickeybroom :D

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Hi MickeyB,

 

I must say it's nice to have a member not panicking each time they have a snotogram from BC, Mercers or other DCA. You, at the other end of the scale, appear to be so laid back, I suspect you may have fallen over already.:cool:

 

Seriously, I'd normally suggest you send complaints to FOS and Trading Standards at this stage. I'd also get CB to dust off one of his serious letters for the DCA. However, you may not be that concerned.;)

 

If you need anything to send to anyone, just shout:)

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After the threatogram (see posting 29) I have put this letter together

 

I am in receipt of your letter dated 17th march 2008. I fail to understand why this matter concerns you. Barclaycard have continuously failed to produce a properly executed Consumer Credit Agreement, and as such are in breach of OFT guidelines in connection with pursuing the alleged debt. This account is in SERIOUS DISPUTE, and I received no notification that this matter has been passed over to you.

 

Should Barclaycard, or yourselves, insist on this course of action, and initiate court proceedings, they and you would be well advised that they or you would have to produce the aforementioned document in court, which I believe they or you cannot do.

 

A section 78 request laid down by the CCA 1974, means that the creditor must produce a properly executed CCA (with all prescribed terms) and a set of terms & conditions relevant to the time that the account was started. Neither of these requests has been fulfilled by Barclaycard and therefore as I said before, this account is in SERIOUS DISPUTE.

 

Be advised that I will not enter into any more correspondence with you until Barclaycard resolves this important issue.

 

I trust you will give this matter your urgent attention.

 

 

Anyone any thoughts on adding or taking anything away from this letter?

I have decided to delay things by just keep replying to their letters like this. The whole thing can go backwards and forwards for all I care.

 

 

I had a letter from Barclaycard in reply to my complaint made on 10th December 2008

(perhaps they are using next years calender :D ) in which they still claim they have complied with s78 and they do not consider the account in dispute.

 

Laughable really.

 

So anyones advice gratefully accepted.

 

mickeybroom :)

 

 

 

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Hi Mickey,

 

You should also tell CSL that any further contact from them demanding pay't will ba treated as unlawful harassment. As such, you will report CSL and BC to both Trading Standards and FOS for investigation.

 

It's up to you whether you report the matter, but you should tell CSL that you will.

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  • 1 month later...

UPDATE

 

Apart from the usual daily phone call and numerous threatograms, things ahve been quiet.

However today I received a letter from Power2 contact (who are Credit solutions) stating that because I will not speak to them they are sending someone within the next 72 hours to collect their money. :confused::mad:

 

This is my reply sent together with a copy of a previous letter denying them a visit without an appointment.

 

Please find enclosed a copy of a letter sent to you on 3rd March 2008 which clearly states my position in this matter. You chose to ignore my letter previously, but rest assured, should you choose to ignore this one, I shall have no hesitation in calling the police and having you evicted from the premises I occupy.

Since Barclaycard cannot produce a properly executed CCA 1974 for this alleged debt, the account is in serious dispute, and you have no authority to proceed with your threatened visit. Furthermore I have received no instruction from Barclaycard that you are entitled to demand this alleged debt, neither are you acting under OFT collection guidelines.

Please be assured I do not recognise any right you think you may have to visit me at my home without an appointment and should you continue to threaten this action, I WILL make the appropriate complaints to the OFT, Trading Standards and any other authority concerned. Any further communication must be in writing, as I will not answer any phone calls or threatening letters you may choose to send.

Please give this matter your immediate attention, and consult Barclaycard as to whether or not they intend to produce a properly executed Consumer Credit Agreement as per the ACT of 1974

Yours faithfully,

 

 

I am now getting quite peeved with these idiots. Your right Slick up till now I have been quite laid back, but I am getting fed up with their attitude, their SMS's their phone calls and there stupid letters.

 

 

Lets see what result this letter has.

 

 

mickeybroom :D

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Hi Mickey,

 

Good letter - keep us informed.

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HI All

 

Still getting cryptic phone calls from CSL. "You must speak to us urgently etc., etc.,"

My wife takes the messages and then ignores them.

At least they are not at the harassment stage yet!!!

 

I don't know how long they intend to carry on with this charade, but my last letter see (above post) should jolt them up a bit. I am not bothered at all, as this could go on for years at this rate.

Funny thing though, there was no visit as per was threatened.

Will these muppets never see sense?

 

mickeybroom ;)

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Re the No Visit, these DCA's must be 95% Taurus Excretum.

 

They'll say anything to get either money or information.

We could do with some help from you

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  • 8 months later...

Haven't been on for a while.

Barlcaycard went very quiet for months then suddenly a couple of weeks ago, I had a letter from Aktiv Finance saying they had bought the debt and they wanted the money immediately.

 

They included a deed of assignment letter, so I am not sure what to do next.

 

I assume I should now make a CCA request to THEM, which takes me right back to the beginning of this sorry tale.

 

Any thoughts anyone.

 

mickeybroom

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Hi MickeyB,

 

Here's a template which you can use, either as it is or adapted as you wish.

 

:)

We could do with some help from you

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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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