Various DCA's

[lisagav69]

I am currently recieving help from this great forums regarding an RBS account so would greatly appriciate a bit more advice if possible?

 

I have 3 other credit cards with Mercers & Triton. I have been happily paying these all year but as of Januarys payment, we really are going to struggle with payments and those stupid '3month reviews' are coming up when of course they always demand more money (with Trinton being the hardest ones to deal with).

 

Is it the right time to CCA them all or is there another way around getting the payments reduced?

 

Any advice would be great as I am really starting to worry now on how to find next months payments.

[pt2537]

Hi

 

I would slap a CCA request into these companies to see what they actually have on you, if they cant produce or produce a flawed document then it puts you in complete control over them and allows you to negotiate on your terms not theirs

 

further more a CCA request is a statutory request so you are entitled to ask without prejudice to your situation and they should not penalise you for it

 

 

regards

paul

[lisagav69]

Thanx for the advice Paul,

 

I went and sent the requests by recorded delivery yesterday but was just reading through another thread and realized I've made a mistake!!!

 

I've sent 2 seperate requests to Triton using their PO BOX number! Stupid of me I know!

 

Should I find their 'proper' address and send another request?

 

Just to clarify too, I'm not trying to avoid my debts, just merley trying to get in control instead of them and have me paying an amount I can afford!

[lisagav69]

Well, I've just checked the Royal Mail site and both items have been sent out from their local delivery office today.

 

Is that ok or should I re-send to a proper address?

[pt2537]

DONT PANIC

 

wait and see what the delivery status is after a couple of days

 

No need to re-send yet

[maggieboo]

I've sent 2 seperate requests to Triton using their PO BOX number! Stupid of me I know!

 

Should I find their 'proper' address and send another request?

 

Hi lisagav69

 

I'm dealing with Lowells at the moment and when I sent a CCA request to them, I sent it to their PO Box address. I sent it recorded delivery and had a receipt, which I could track on the Royal Mail website and print out a copy of the receipt with Lowell's signature as proof that they received it.

 

Good luck with it all!

[Rtech]

If the DCA,or in fact any company,gives you a PO Box to send mail to,that is not a problem for the sender.

This has appeared somewhere on the Forum before,but the responsibility is the 'COMPANY'S' not yours, and if that is the address they gave you,then fine,as long as you have proof,that you sent it,NOT necessarily hat they signed for it,AND the PO details if necessary,then ,Courts should accept that,if if goes that far.

[lisagav69]

Hope everyone had a happy xmas and is looking forward to 2008!

 

Just a little update regarding the PO BOX's.

 

Just checked on the Royal Mail site and for all 3 address (2x Triton & 1 Mercers), they both say this when I try and view a signature and would really appriciate some advise on what to do next! Should I re-send to a different address?

 

 

 

 

Your item with reference xxxxxx was delivered from our xxxx Delivery Office on 28/12/07 .

 

Thank you for using this service.

 

 

Sorry, an electronic proof of delivery is not available for this item.

[lisagav69]

Quick update & panic over about the PO BOX's!

 

Recieved 2 seperate letter from Triton today for 2 different accounts (not heard from Mercers yet).

 

Short & sweet so will tyoe it up (both letters identical but with different account numbers).

 

We write with referance to the above outstanding debt and acknowledge your letter dated 27th December 2007.

 

In View of the nature of your request we have passed your letter to our client, xxxxx, who will contact you in due course.

 

We trust this clarifies the situation for you.

 

 

 

So now it's just a waiting game! The letters are dated 28th Dec so I start the countdown from this date?

 

The 12+2 is up on Jan 18th and the default sets in on Feb 17th if it gets that far?

 

Can someone please let me know if those dates are correct?

[Rtech]

With the seasonal holidays,a little leeway needs to be given.

However,now that you have the replies,the ball is firmly in their court,and irrespective of dates,you are legally bombproof...so don't panic again,just sit back,relax and wait for them to spark (if they can).

Also I presume you are NOT thinking of chasing these numpties,if you do'nt get the CCA,as that would be totally pointless IMO.

So far....so good eh.

[lisagav69]

Another quick update!

 

Nothing heard from Triton after thier acknowlegment of my CCA request.

 

As for Mercers, I've not had a letter from them but according to the Royal Mail site the letter was delivered but no signature.

 

This afternoon an 0845 number rang. I rung it back using 141 and it's Barclaycard (who Mercers are acting for).

They have just rung again and wasn't answered of course.

 

Both times no message has been left so I'm guessing it's just a way to make me call them?

 

Shall I still just sit back and wait or should I be sending them a letter saying not to ring me or is it too soon for that?

 

Also, could someone please confirm my dates are correct in the previous post?

 

Sorry for all the questions and uncertainty on my part!

[Rtech]

Patience is the name of the game.

Don't worry about dates.Presume after the initial 12 day period has gone,you have legally stopped payments.You are in the right,and there is nothing they can do until/if they supply the proper agreements with prescribed terms etc.

[lisagav69]

update!

 

Still no word from Triton regarding the NatWest and Tesco accounts but I have an update regarding Mercers & Barclaycard.

 

They are still yet to acknowledge my CCA request but Royal Mail site says the letter was delivered on Dec 28th.

 

Last Tuesday & Wednesday I recieved a total of 3 phone calls from Barclaycard, each time I didn't answer and each time they left no message.

 

On Friday I recieved a letter from them dated Jan 7th which was a default served notice. Now I'm pretty sure I've already had one for this account so guessing they are just resending to scare me?

 

On Saturday I recieved another later also dated Jan 7th which was a 48hr notice letter to get in touch or I will have a knock at the door (which I know they can do but I can tell them to get lost).

 

 

Am I right in thinking they are just trying to scare me as its now highly possible that they don't hold the CCA document?

 

Any advice would be greatly appriciated and what should I expect now?

 

I plan to start toekn payments from the end of this month of £1 just incase it does go as far as court and hopefully it will look good that I'm making an effort.

[spamheed]

I wouldn't try to read too much into their actions or inactions. these companies tend to follow a patter whether they have the correct documentation or not. their processes normally follow a standard format, letters designed to scare you into phoning them or better still, make payment against the account. keep all copies of correspondence and post them on here.

 

If you are waiting for a reply to your CCA request, then you are well within your rights to withold payment until they verify that they have a right to collect this debt. I would continue to wait until they send something other than threats

[Rtech]

Suggest you also read the following,just put on the Forum as a 'sticky'

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/126018-barclaycard-mercers-insider-info.html

[lisagav69]

No update on the Trinton accounts but had a lovely white envelope delivered from BC this morning even though Mercers did not acknowledge my request.

Along with the standard cover letter saying they have complied to my request was 3 sheets of paper. I've scanned them and the links are below so any help & advice would now be greatly appriciated!

My first impression is that it is unenforcable as the BANK USE ONLY box is blank?

 

http://i118.photobucket.com/albums/o120/lisagav69/scan0001.gif

 

http://i118.photobucket.com/albums/o120/lisagav69/scan0002.gif

 

http://i118.photobucket.com/albums/o120/lisagav69/scan0003.gif

[lisagav69]

bump

 

No prescribed terms....is that correct? I'm learning slowly!!

 

Not sure where to go from here though so would love some advice!

 

 

 

[lisagav69]

Cover letter below.

 

The current credit limit it states is £50 difference to the one I had

 

[Rtech]

The precribed terms .as well as being all there,have to be on the same sheet...you have three???back and front photo copies???

I'm sure an 'Enforceable agreement' expert will be along soon,to guide you.

[lisagav69]

Yes the agreement and the 2 pages of terms were all photocopies each on seperate bits of paper, one sided...didn't know that made a difference as I thought they were allowed to send copies?

[Rtech]

Copies to you woild be fine,but they would have to produce the proper executed agreement in Court if necessary.

I see an Application,with no doubt your signature,but not one on the T&C's with both yours and the Banks,and I do'nt think the Prescribed terms can be part of the latter.

Did you read the sticky I referred you to in an earler post ref BC/Mercers,that may set your mind at rest.

Someone will confirm OK or Not for the docs they sent you.

[lisagav69]

Just bumping this back up again as I would really love some input on the agreement BC have sent me as I'm not really sure what to do next!

 

Yes I have read the sticky and find it very informative & interesting!

[lisagav69]

Starting to worry a bit now as I've got this far and in need of some guidence!

[pt2537]

Hi there,

 

Right,just had a quick look, now the prescribed terms are there ,

 

BUT not in the signed document.

 

i noticed that firstly on the signed page near to the bottom, there is a clear crease across the bottom of the page from left to right

 

now i cannot see this on any of the other documents they have sent, so i have to question if they are part of the the agreement.

 

the prescribed terms MUST be contained within the agreement, they can be on the other side of the page, but must not be in a seperate document headed terms and conditions

 

therefore the crease is highly relevent as one would say it would surely be present if the terms were on the back of the signed page

 

i will have a further look when i get a mo to see what else i can find

 

regards

paul

[sosumi]

Lisa, I asked for CCAs on both my Barclaycard Mastercard and Barclaycard Visa.

I got pretty much the same covering letter as you.

I'll scan them in and post on a separate thread, but in both cases the '... copy of your Barclaycard Executed Agreement regulated by the Consumer Credit Act 1974' is, in fact, a copy of their Terms and conditions. Mine (for Mastercard) is copied on what I think is A3 paper, front and back (wrong way round too!). There are no identifying marks on the Terms and Conditions (apart from 'T&C/01/01').The Application is mostly blacked out!!