Barclaycard ; Are These Enforceable Please

[citizenB]

I hope you were doing something nice

 

Thanks for the advice above.. will get on to the schedule of charges in the morning am printing the letters out tonight ready for posting in the morning.

[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.

[citizenB]

Thanks Slick132. Recorded delivery it is

[Draxus]

Hello, ive just been reading through your issues with mercers and it looks like i'm looking into the future after sending a request for a cca they sent me a copy of somthing but it's not the original my wife filled out in the branch, i'm a bit wet behind the ears but should the cca be computer generated with little crosses in the important bits which by the way are in completly the wrong places ie : it clearly says at the top of the page that my wifw is a Mrs, but there is a cross in single in the marital status:

apparently we only have 1 child but the last time i looked we have 2:

They have put my wifes previouse job in the curent employment which they say she had worked there for 3 yrs 7 months which is also how long they put that my wife had been banking with them even though she is 36 and banked with them since she was 16.

 

The form looks like it has been filled in by someone with no brains, dyslexic and does a great impression of stevie wonder.

 

ps i in no way would like any one with dyslexia to be offended by this thread you are in no way like the troubled staff of Mercers:D

[citizenB]

Draxus, it might be good for you to start your own thread and scan the copy of the document you were sent so that people can see what you have and comment on your particular circumstances. It does seem a bit strange that they dont have the personal details correct on your form though !!

[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.

[citizenB]

This is the latest response from Barclaycard Visa. So what should my next move be please. Thank you x

 

[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.

[citizenB]

Thanks for the letter slick132. Will get on to that later on today.

 

Thanks for the advice re starting another thread for the enforceable mastercard account. It will most certainly make life easier

[Duffers Mum]

CitizenB - report them to Northampton TS, Barclaycard think they are a law unto themselves! Good luck

[Duffers Mum]

..

[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.

[citizenB]

Thanks Duffer's Mum and Slick132. Have sent the letter out today and have made a note that it is Northampton TS that I have to contact should the need arise.

[citizenB]

This is the latest from Mercers re Barclaycard Visa. Clearly the letters sent above are either not being read or they are they are just ignoring them anyway. Letter dated 31st March 2008.. posted 2nd class mail as usual, arrived today. So I guess they passed it on to the new DCA yesterday !

 

I kind of think that I have come to the end of any 'polite conversation' so should my next step be Trading Standards please.

 

 

[Duffers Mum]

Citizen I would have reported them to TS long ago! I've just sent off a F&F settlement letter to B/C, advising them that bearing in mind they haven't complied with my CCA request the offer I am making is very fair, be interesting to see if they accept what I've offered.

 

Once I got Northampton TS to look into my problems with B/C, I heard nothing further from B/C or Mercers, which by my reckoning is a result in itself. I did continue to pay a nominal amount every month (and still am) but pay it to B/C, I have totally ignored Mercers except to tell them that B/C have not complied with CCA request.

 

Good luck

[citizenB]

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

 

Thanks Duffers mum. When making my complaint to Trading Standards, do I have to quote all the relevant OFT guidelines/rules that are being broken ?. I want to get this right first time

[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.

[citizenB]

Thanks Slick132. I will be sorting that out today. x

[Duffers Mum]

Citizen, if you email Northampton TS, you may not get a response which in turn means you don't know if they are actually doing anything about your complaint. I think I emailed 3 times before I got a response from someone there to advise me that they were actually looking into the matter. However might be an idea to send a gentle reminder to them if you have not heard anything after a couple of weeks. Remember also to tell B/C and Mercers that you have contacted TS. Good luck

[citizenB]

Citizen, if you email Northampton TS, you may not get a response which in turn means you don't know if they are actually doing anything about your complaint. I think I emailed 3 times before I got a response from someone there to advise me that they were actually looking into the matter. However might be an idea to send a gentle reminder to them if you have not heard anything after a couple of weeks. Remember also to tell B/C and Mercers that you have contacted TS. Good luck

 

 

Thanks Duffers Mum, much appreciated. Will keep you updated x

[citizenB]

I have sent an email to Trading Standards Am now going to send one to FOS. I will send Mercers and B/C just a short note to say that I have passed on my file to those organisations.

[Duffers Mum]

Citizen - I hope it keeps them off your back, I had a refund of £300 in unauthorised fees and charges from B/C after contacting TS because B/C suddendly remembered they had sent me the wrong documentation! However they still charge interest on my account even though they have yet to prove what what they have sent me is actaully my agreement

[citizenB]

Many thanks Duffer's Mum.. I went back and amended the form to include the fact that B/C are continuing to add interest and late payment charges to a disputed account Just waiting for OH to get home then he can sign the FOS complaint form and it can go in the post x

[citizenB]

I have emailed the Northamptonshire TS re Barclaycard & Mercers. However, I have just seen on another thread that I should advise my local TS as well.. is that correct please ? x