Barclaycard ; Are These Enforceable Please

[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 !

[citizenB]

Thanks slick.. Hopefully I will hear something soon from them

[citizenB]

UPDATE:

 

I sent my complaint off to FOS and emailed Northampton TS on 4th April. FOS received theirs on 7th April and to date Northampton TS havent acknowledged or replied to my email. I am thinking to resend that because I didnt ask for a read receipt on the original. At the same time I sent Mercers and Barclaycard a short letter stating that I wasnt happy with their replies and in particular Mercer's heavy handed attitude and that I had made the complaints as above.

 

Today I received a letter from SS at Barclaycard. For once she acknowledges receipt of my letters. However she disagrees and is adamant that Barclaycard has complied with the law as it stands however...

 

One paragraph reads:

 

"At the time you applied for your credit card the executed agreement was incorporated into the application forme. You signed a credit agreement in the presecrived form which embodied the full terms and conditions of your agreemtn. The prescribed financial information together with the full terms and conditions of your agreement were set out on the reverse or otherwise incorporated into the application form and were specifically referred to in the the credit agreement section which contains yoru signature. W have also provided you with a copy of your curent term sof yoru agreement as the terms of yoru credit card agreement have been varied since the date it was entered into."

 

Now the Precontractural Application form as per the copy sent to me looks to be one of those mailer things see post #2. There is no way there would have been anything on the reverse of that because it looks to be one of those fold up things that you fold in 3 to return . So all that would have been on the reverse would have been the address of Barclaycard.. am I right??.. in which case how can they say that ALL the prescribed terms etc were on the reverse? and there certainly isnt enough room on the bit that is shown for all the regs there should be.

 

I will not be responding to this letter.

[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.

[Duffers Mum]

Citizen, I received a letter worded exactly the same from B/C when I advised them that what they had sent was not the correct document. If a week has passed since you emailed TS I would fire off another one asking if they could confirm they have received your original one. I think it took me 3 attempts before I received confirmation back from them and as far as I know they are very very busy dealing with B/C complaints! Keep up the good work! I've yet to hear back from them in connection with my F&F offer.

[citizenB]

thanks slick and duffers mum. I have resent the TS email. Now I will sit back and wait.

[citizenB]

Updating:

 

I sent my complaints off to both TS at Northampton and the FOS on the 4th of April. On the 11th, I received a letter from FOS which advises that they are receiving very high volumes of enquries such as mine (no doubt from other CAGers ). They ask for my patience and have given me a reference number.

 

As I hadnt heard from TS Northamptonshire, I sent a follow up email on the 11th.

 

Today, still nothing so I telephoned Consumer Direct in the hope of obtaining a telephone number for the above. They have advised me that the first approach MUST be to my local TS office and this is why I have heard nothing from Northampton. Soooo, I have done that. Hopefully I will hear something soon.

[Duffers Mum]

Citizen - I contacted my local TS about Sainsburys and Citi and was advised they don't give financial advice! I would email Northampton TS again, I had to contact them a few times before they responded, but they did in the end. I found Consumer Direct to be as much use as a chocolate tea pot! Good luck

 

PS, according to Northampton TS web site, their telephone numbers is: Telephone: (01604) 707900.

[citizenB]

Thanks Duffers mum, I thought I was getting odd advice from Consumer Direct. First off they told me I should have sent a payment of £2.00 for the CCA and then said I had to allow them 60 days initially to reply !!.

 

Will telephone Northampton to see what they have to say for themselves. At least I have a read receipt from my local TS so I know they have got it.

[citizenB]

grrr, I am so angry.

 

I sent off my complaint as advised to my local TS. I then tried to get hold of NOrthampton TS on the number that Duffersmum gave me to see if they had in fact received my email. I was then going to resend it . Northampton TS have been continuously engaged for the last hour. Meanwhile I have received the following email from my local TS.

 

***********************************************

 

Thank you for your email enquiry which has been received by XXXXXXXXX Trading Standards. First step consumer advice and information for the County of XXXXXXXX is now provided by Consumer Direct East Midlands. Consumer Direct is a telephone and online consumer advice service that is supported by local authorities in the East Midlands and by the Department of Trade and Industry.

Due to the change detailed above it is necessary for you to redirect your enquiry to Consumer Direct. Trading Standards has taken no action in respect of your query.

To contact Consumer Direct please call on 08454 04 05 06 (Minicom users should call on 08451 28 13 84). To email Consumer Direct please visit http://www.consumerdirect.gov.uk/contact?action=complain.

A wide range of consumer information and advice is also available online from the Consumer Direct website at www.consumerdirect.gov.uk.

PLEASE NOTE THAT WE HAVE NOT FORWARDED YOUR MESSAGE TO CONSUMER DIRECT - IF YOU WISH THEM TO PROVIDE YOU WITH ADVICE YOU MUST EITHER RING OR RESEND YOUR EMAIL.

 

***************************************

 

I telephoned Consumer direct as per the above and as luck would have it, spoke to the same person as earlier. She has now had to go off to speak to someone with more knowledge and will be getting back to me. Ever feel like you are on an never ending loop.

[Duffers Mum]

Citizen, its like nobody wants to take responsibility for these darn companies who continually break the law isn't it. I'd keep trying Northampton TS, I emailed them this week about the offer I had made B/C but have yet to receive anything from them, I suspect they are extremely busy with complaints about Barclaycard. I really don't know what to suggest, as stated earlier I found Consumer Direct (in this area anyway) to be absolutely useless, they told me to ring the police if someone was trying to obtain money they can't prove I owe, bet the police would have been impressed if I'd taken their advice!

 

Keep smiling!

[citizenB]

Thanks Duffers mum. Yes, I am phoning Northampton every 1/2 hour. Do you reckon they got fed up and took the phone off the hook ?? :)

[Duffers Mum]

Its possible perhaps you should try first thing in the morning before they get too busy

[citizenB]

Yep, I will try again in the morning. Consumer Direct didnt phone back either.. surprise surprise.

[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.

[citizenB]

Thanks Slick132 and Duffers mum. I will keep plodding along.

[citizenB]

Aggghh.. I did a long post and hit submit and was cybernapped.

 

Ok.. I have just spoken to Consumer Direct and now have a reference number. My details will now be passed to local TS (who have them anyway because remember, I sent them an email yesterday on the advice of CD).

 

I now have to wait for local TS to contact me within 3 working days.

 

I asked why I couldnt just add the reference number that I had just been given to the email that has been whizzing round cyber space for the last 3 weeks and resend to local TS and was advised that this is the procedure now and I MUST wait for local TS to contat me.

[citizenB]

I have today spoken to a representative from Local T/S. I have resent the email to her so she can pass it on to someone with more experience in Consumer Law and yes.. they will investigate both Barclaycard and Mercers on my behalf... YES !!! a result at last

[Patma]

Well done! It just shows how persistence pays off.

I have had problems with Barclaycard too and the current state of play is that my local Consumer Direct have forwarded my complaint to Northampton. Incidentally Citizen B , I notice that you were advised to contact the police if you were being hassled and I was also given the same advise from my local Consumer Direct. As a result I can actually recommend doing just that, as it got Calders (another trading name for Mercers) right off my back and sent them away with their tail between their legs.

All the Best, Patma

[citizenB]

Thanks patma. I dont understand why these companies need to trade under so many different names?.

[citizenB]

UPDATE:

 

Mercers sent 2 letters one each for Mastercard and Visa dated 24th April, received today.

 

Both letters say the same thing

 

"You have failed to contact us or pay the full amount outstanding.

 

YOU MUST PAY TO US THE FULL SUM DUE WITHIN 7 DAYS OF THE DATE OF THIS LETTER

 

Failure to pay could result in one or more of the following consequences.

 

Legal action by summons which may involve you in considerable expense.

Enforecement of any unpaid judgement by execution upon goods by a bailiff.

Enforcement of any unpaid judgement by attachment of current or future wages.

A local collector calling at your home to secure full repayment.

Your ability to obtain credit, including morgtages, may be adversely affected.

 

WE URGE YOU TO PAY NOW.".

 

 

OH has been paying to the Mastercard account a reduced sum of £26.00. An I&E Summary was sent to both Mastercard and Mercers on the 20th. These have been received by both. The letter accompanying the I&E invited Barclaycard to take OH to court, because they keep saying that they cant/wont accept the reduced payment and continue to add interest and late payment fees.

 

I thought to send the following letter to them.... any comments gratefully received.

 

**********************************************

 

Mercers Debt Collections Ltd

(Barclays Plc t/a)

Strictly Private and Confidential

PO Box 28

6th Floor

Liverpool

L32 8UY

 

Dear Ms Dineen

Account NO: XXXX XXXX XXXX - XXXXXXXXXXXXX

I am in receipt of a letter from your agents, Mercers Debt Collections Limited, dated 28th April 2008. I enclose a copy for your reference.

 

I would also refer you to my letter dated 20th April 2008 which was copied to both yourself and Mercers Debt Collections Limited. A copy of that letter is also enclosed for your easy reference.

 

With my letter as above, I enclosed an I&E summary (this was prepared with the help of a recognised Debt Counselling agency) and an offer of £26.00 per month based on my ability to pay was made.

 

I would reiterate my statement, that if you feel unable to accept that offer and freeze interest as other creditors have done. Then I invite you to sue me through the court for this debt.

 

I would point out that none of the actions threatened in Mercer's letter of the 24th can be actioned UNLESS you take me to court.

 

I would also advise that I will bring to the attention of the courts the dubious methods of collection you have instructed your agents as above to use in the pursuit of this debt.

 

Yours sincerely,

 

**************************************

 

Should I leave in the paragraph in blue ?? Should I also say that if they dont accept within say 7 days.. then I will just stop paying, that should focus their minds and get them to take us to court.. shouldnt it ?

[citizenB]

Now to Barclaycard Visa.

 

Same letter as above from Mercers. This account is in dispute, not only for the so called agreement, but also for dodgy default notices and I have reported both Barclaycard and Mercers to the Trading Standards and Financial Ombudsman and have reference numbers from both of these agencies.

 

Both Barclaycard and Mercers are aware of this yet, still continue to send these letters. In addition, on Saturday, OH received a letter from Mercers saying they would accept half of the debt outstanding on the disputed visa card, but as a lump payment, not acceptable in monthly repayments.

 

Should I just ignore the letter for this account or pass on the letter to FOS and TSA. Or should I write to Mercers/barclaycard yet again pointing out that they are being investigated on my behalf ?

 

YOur thoughts please ...

[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.

[Duffers Mum]

Citizen - I wish my creditors would offer to settle with me for 50%, i'd bite their hands off, I just seem to be going round in endless circles with mine, my money does not appear to be good enough for any of them, saying that I've only offered it to the original creditors so far, perhaps they debts haven't been with the DCA's for long enough yet. Good luck

[citizenB]

Hiya Duffers mum. If they had offered it on the Mastercard (enforceable) then yes we would have accepted. But it was on the other one

 

slick will sort out the separation and the rest of your advice after dinner.