Barclaycard ; Are These Enforceable Please

[slick132]

Hi CB,

 

I'd wait for the response to the ltr you sent to them.

 

This thread must've been in the General Debt forum before. I think it's been moved in the reshuffle 2 weeks back. I'll get it put back for you so you're getting the right sort of help with your case.

[slick132]

Hi CB,

 

Looking at the linked thread you gave above, I would have adapted and sent the ltr that CurlyBen put in post #4 at this stage.

 

On the basis that they'll ignore it anyway, I doubt it really matters WHAT you send them !

[slick132]

Hi CB and sorry for not spotting this earlier.

 

Sure, send the letter you suggest to BC Visa in response to their snotograms.

 

Re the BC Mastercard a/c which appears to have a valid agree't, have you quantified the amount of penalty chgs you've suffered. You should reclaim these to reduce the debt owed on this a/c.

[slick132]

Hi CB,

 

Sorry for delay but I've not been around all day.

 

Enforceable MC a/c

 

You should make a Schedule of Charges for alll chgs suffered in the last 6 years and send off a prelim ltr to BC. Any amounts refunded will serve to reduce the debt o/s to BC.

 

Unenforceable BC Visa

 

Send the ltr to BC and copy to Mercers.

[slick132]

Sorry CB,

 

Just seen error in my post above, "....suffered in the last 5 years and...."

It should read ....last 6 years .... and I've edited it now.

 

send the ltrs to BC by Rec'd Del'y.

[slick132]

Draxus

 

As CB says, start yourself a thread and post the doc't for us to see, or a link to it using Photobucket.

 

Read here for useful tips - http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

We can then give any help or advice and your case is kept in one place.

[slick132]

Hi CB,

 

Unenforceable BC Visa a/c

 

They're clearly talking rubbish according to PT earlier. Time for another ltr to them.

 

Dear Ms Simmonds,

 

BC Visa a/c no. xxxx xxxx xxxx xxxx

 

I thank you for your letter of 12th March but disagree with it's content.

 

You have failed to supply me with a true copy of the executed agreement that contained all of the prescribed terms as required.

 

I enclose a copy of my letter to you of 9/10th March in which I clearly set out why the documents supplied fail to comply with my request.

 

I suggest you read, once more, the full content of my earlier letter so you understand why the alleged is UNENFORCEABLE and the consequences of your pursuing me for payment.

 

Any further demands for payment by yourselves, Mercers or any other party will be construed as harassment and will be reported as such to the relevant financial bodies, as stated in my last letter.

 

Yours sincerely,

 

CitizenB

[slick132]

CB,

 

Enforceable BC Mastercard a/c

 

To avoid confusion between the 2 accounts, can you please start a new thread for the BC M/card a/c in the BC forum where we'll help, if nec'y, with reclaiming the penalty chgs you've suffered on the a/c.

 

This will reduce the debt owed on the a/c so you may regain control of this matter. If the a/c becomes a debt issue again, we can always move it back into the Debt forums.

 

Start the new thread with a very brief history re the a/c but don't bother posting doc'ts again - they're here if nec'y and the new thread can include a link to this one.

[slick132]

No need to yet. There's simply polite correspondance taking place.

 

If they start bothering you for the unenforceable debt, then you can send BC a Formal Complaint and contact TS and FOS.

[slick132]

Hi CB,

 

You just need to to tell TS that BC and/or Mercers are harassing you over a debt when the a/c is in dispute and they've failed to supply a proper Agreement.

 

Complain also to FOS and send Mercers a copy of the letter.

 

TS and FOS will know what reg'ns are being broken.

[slick132]

I think the email to Northampton TS will be adequate - they must be sitting on quite a stack of these complaints now.

 

This will, I believe, be more effective than a complaint to your local TSO.

 

FOS too - great !

[slick132]

Sounds fine - if they continue to sya they've complied and have an enforceable agreement, we can get one of the Site Team back to check again.

 

If they are certain they have the nec'y doc'ts, no doubt they'll issue court proceedings for recovery - and we'll d/w that if it happens.

[slick132]

Hi CB,

 

If you can't get through to TS just now, don't worry about it. It's not worth the trouble in that it won't affect your individual case.

[slick132]

Hi CB,

 

I think you should start a new thread for one of the a/cs so we can keep the cases seperate and avoid confusion.

 

Enforceable Mastercard a/c

Have you yet quantified the amount of charges on this a/c which you want to reclaim. Have you sent BC a Prelim Letter and SOC reclaiming the chgs.

 

To reduce the debt, consider claiming back CI as well (retitutional interest at the Contractual Rate)

Unenforceable Visa a/c

If you've already made a formal complaint to the FOS, send them a copy of the latest letter from BC Visa. Copy it also to TS.

 

Write to BC and Mercers (don't waste more money on Rec'd Del'y) enclosing a copy of the big ltr you sent in March and point out that you have now made a formal complaint to FOS who will no doubt investigate their behaviour, and particularly, their disregard for the OFT Guidelines on Debt Collection.

 

Until and unless they produce an enforceable credit agreement, they can do nothing about this a/c.

[slick132]

One would think that an organisation as familiar with consumer credit law and jargon must be proficient in supplying the necessary information

Ahaa ! So from now on we should simply trust and believe all we hear from BC and the rest of them.