Bazaar V barclaycard

[bazaar]

Hi All

ive come back to forum, old name didnt work.

I have just arrived back in the UK from us. I have a barclaycard debt

and mercers have been writing to me in the states for payments etc. I have tried to get the account frozen, but nothing happens. I'd lost my job out there, but they didnt give 2 hoots.

Whats the advice on here?

I have read about sar route, but was wondering to go through the way of finding whether the account is enforceable first.

Also, would it be worth me sending the letter from the US for now, to keep them off my back a while longer?. We are moving into house soon, so dont want all the hassle yet.

Thanks in advance for any help

[sequenci]

How old is the debt?

When was your last payment or written acknowledgment?

[bazaar]

Its over 8 years old, but last letter out to mercers was perhaps 3 months ago now, until I get back on my feet here, I really dont know what I can do except stall for time.

[saintly_1]

What was your previous user name we might be able to find your old threads and sort them for you so they are all together

[bazaar]

My original user name was baznew, my threads are all there. Thanks for the reply

[sequenci]

Its over 8 years old, but last letter out to mercers was perhaps 3 months ago now, until I get back on my feet here, I really dont know what I can do except stall for time.

 

When did you last pay them?

[bazaar]

Hi all, not exactly new to the forum , I need a little advise here. I have been battling Barclaycard for some time now, whilst I was in the USA. I've sent out SAR and got all the stuff back, but obviously waiting for the outcome of the court case now. I did also send off a letter requesting that they prove I actually owe the debt, they have sent back a letter stating that I did not sign the letter, I perposly didnt sign it because I'd got paranoid that they may copy the signature and add it to a false document. Has anyone got any experience in this process and what it all entails?

I'm coming back to UK soon, and will need to get mortgage etc. so I dont want these A'holes on my back stalling for time whilst still adding charges to the account. thanks in advance

[slick132]

Hi Baz,

 

It is fairly common advice now for you to just PRINT your name on letters, especially when d/w DCA's or in situations where you don't want to give bank, BCard, etc. your signature, which could be added to a document.

 

If you want to see if they have a proper credit agreement, you need to send the formal request and fee. See here and use Letter N - http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

Slick

[bazaar]

Thanks for the reply slick, I did send in a CCA request and they just sent back a letter stating that I didnt sign it, I know they are stalling and all the while adding interest, so do I give them 1 more chance to send the info, or just refuse payment?

[slick132]

If you haven't yet sent the exact CCA letter from this site with the fee (or similar letter + fee), do it again.

 

They are just stalling. They may have an issue because your address now may not tally with that which they held - in any event, avoid using your signature.

 

If your letter fully complied, respond telling they are obliged to reply and , if they do not do so immediately, they will be reported to the relevant authorities for non-compliance.

[bazaar]

Thanks again Slick

I will send it from the US (take a little longer, but dont have address here yet, and why should I tell em).

Basically I did get the letter off of here, I just didnt sign it. Should I now write my name in single letters or just type it out. They obviously have the correct address details, so I can reference their latest letter.

[bazaar]

Hi Seq

I paid them in July after mercers promised to put 150 into account also, what a lieing bunch eh?. Or was I naive?

I'm going the route of CCA and see where it all leads,

[bazaar]

OK here is Barclaycards' reply, can anyone advise on how I should proceed, they are way over deadline, ALSO, they cashed the £1 and I have a copy of my original letter with this stamped on it.

 

Reference: Section 78 f the Consumer Credit Act 1974

 

 

I write further to your letter dated ********** requesting information regarding your Barclaycard Account under the above Act.

 

 

Unfortunately at present I am unable to deal with your request, as you have not supplied us with the sufficient information.

 

 

For us to disclose any information we must have received signed consent.

 

 

Therefore, please can you provide us with this information in order for us to proceed with your request.

I apologise that I can not be of further assistance to you at present, however I look forward to receiving the information required.

In the meantime, should you require any further assistance, please do not hesitate to contact me.

 

 

Court orders and Disclosures Clerk

Legal and Regulatory Compliance

Dept LRC

[bazaar]

OK Heres my draft reply, if anyone has any improvements please feel free:

 

ACCOUNT UNDER DISPUTE

 

 

Thank you for your letter from Maria Roy, Court Orders and Disclosures Clerk, the contents of which have been noted.

I would like to confirm the contact details you have for me are correct and you have had no problem sending previous correspondence in the past, without the requirement of any signature.

I therefore must assume that you are not willing to cooperate in my legal requests for a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you were also obliged to send me a copy of that document.

In your letter it states that ' For us to disclose any information we must have signed consent'. I am not willing to do this as this is not a requirement of the alleged debt.

Failure to ignore my request and any further attempts by you to frustrate the process of me obtaining a correctly executed agreement will result in a complaint being made to Trading standards, OFT and the FSA.

I note from the copied enclosure you sent, that you cashed the £1 cheque on *** September

You should therefore, now be fully aware that you have defaulted in providing a correctly executed agreement which became redundant on *******. Also, that after ******** which is the 30 days prescribed time limit you will be commiting a criminal offence by requesting payment.

 

 

A ‘true copy’ of an agreement principally consists of the terms and conditions of the agreement and the statutory content of the agreement. Additionally, the creditor must supply the total sum paid under the agreement by the debtor; the total sum which has become payable under the agreement but remains unpaid; and the total sum which is to become payable under the agreement by the debtor (the latter two must include the various amounts comprised in that total sum and the date when each is/was due.

 

I must advise you that any account I allegedly hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account.

 

I expect no other communication from you in respect of this matter except for confirmation of your compliance with my requests.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me

 

 

comments please

[slick132]

Hi Baz,

 

It looks good to me but I'm slightly out of depth on CCA technicalities.

 

If no one else queries it, send it and see.

[bazaar]

Thanks Slick, will wait a few days then send. I also like her point about not being allowed to disclose information without signed consent, Could this be playing into my hands for later on about default notices being removed me thinks so LOL

[bazaar]

Hi. OK I have heard nothing from Barclaycard. So I am now thinking that seeing they have already defaulted if they ask for any money, I should just sit back for them to go to court, after all, if they do they would have to inform the Judge that they have not complied with my request. I could then get any CCJ set aside because of this fact.

I have now moved, but seeing that Barclaycard have not contacted me, am I right in thinking that I can assume they have written this off? I do not feel the need to tell them my new address as they have not responded to my letters. Any Thoughts?

[slick132]

Hi Baz,

 

To keep this in context, have you worked out what chgs you can reclaim to reduce the debt to BC.

 

Or are you looking to get the debt written off if it's unenforceable.

 

Are you still paying the a/c monthly.

 

I assume you are using a USA address and wonder if they are being awkward in the hope you'll give up.

[bazaar]

Stopped making payments over year ago, they can be as awkward as they like, they havent sent any CCA, and no further correspondance now (as far as I know ). I'm assuming they wouldnt possibly want to go to a court without the correct paperwork. If they did, and I then had a CCJ, could I not get it stayed on the grounds they did not supply the CCA in the first place, then sue through court, or would the court charge them?