Barclaycard/Mercers CCA request responce

[creditcardmug]

Bumping for help!

[Gez]

As far as I can see, the CCA is not in the correct format, so B'stardcard are still in default of your request. Therefore, any further action by them or whoever they sold the "debt" to will be more unlawful action.

Just need to be 100% clear on whether the agreement is in the correct format or not. Sounds to me like it isn't but once we're 100% clear on that you can start practicing throwing that book..

[creditcardmug]

My questions are, should i CCA lewis debt recovery, and CL Finance, and SAR barclaycard, or none of the above, or what should i do?

 

I believe my original CCA request to Barclaycard did not produce a valid agreement, and now it has been sold!

[Gez]

I can't see why you would need to SAR barclaycard, unless I've missed something. I'd definitely CCA the debt collectors tho.

If, as it appears, your agreement is unenforceable, then barclaycard have already screwed themselves and the DCA by selling an unenforceable debt that is in dispute..

[creditcardmug]

I can't see why you would need to S.A.R - (Subject Access Request) barclaycard, unless I've missed something. I'd definitely CCA the debt collectors tho.

If, as it appears, your agreement is unenforceable, then barclaycard have already screwed themselves and the DCA by selling an unenforceable debt that is in dispute..

 

Thanks mate, will do as you suggested and see what happens

Cheers CCM

[creditcardmug]

Update, sent the CCA request to Lewis, and have had no response, however today have received a Court Claim issued in northampton, with CL Finance as the claimant, and Cohen acting for them.

Will post up the POC later

[creditcardmug]

POC

 

The claimants claim is for the sum of xxxx being monies due from the defendant to the claimant under a regulated credit agreement between the defendant and Barclays Bank Plc T/a Barclaycard under reference xxxxxxxxxx and assigned to the claimant on 12th june 2008.

The defendant has failed to make payment in accordance with the terms of the agreement and a Default Notice has been served upon the defendant persuant to section 87(1) of the Consumer Credit Act 1974.

 

The claimant claims the sum of xxxxx

[creditcardmug]

Question, do i send the CPR request to CL finance or the address for correspondence as on the claim form i.e. Cohens solicitors?

 

Can a mod move this to the legal forum

Thanks

[B3rty]

I have always sent to the claiment as shown on the POC with a copy to their solicitors if different both by recorded post and unsigned..

[creditcardmug]

I have always sent to the claiment as shown on the POC with a copy to their solicitors if different both by recorded post and unsigned..

 

Thanks will do that, would you delay the AOS until the last minute?

[B3rty]

I personally wouldn't but I dont think it really matters

[creditcardmug]

Ok, its just something i saw on another thread, i think Andy commented it might give a tactical advantage thats all

[creditcardmug]

bump

[nbonser]

Hi Everyone,

 

Ok I need some serious help:wink:, I got an email a while back from a company saying they could get rid of my credit card if I recieved it before April 2007 stating that the law had changed and that a solicitor from there company will do it for me, but then i realised that they wanted me to pay £500 and other costings, I then thought well if they say they can do it 100% so can I and that brought me to several different forums and when reading and seeing that there are many people doing the same thing but doing it themselves, I thought to give it a go at doing it myself........

 

I found a template requesting my CCA from Barclaycard on the 15th of December 2008 with £1 postal order I was to give it till the 5th of January for a reply and never heard anything. So I came back to the forums and it said to send them a second and final letter giving them 30days to send me my CCA or an explanation of why they couldnt. They sent me the terms and conditions, with my statement stating on the letter they dont have my CCA :grin:. So i left it and on the 4th of February my debt should of been unenforcable. In the time from the 15th December till the 4th of February I must of received 10 phone calls from Barclaycard asking for there money.

 

Today the 7th of February I recieved a phone call from a debt collecting company called Merces and the man was quite rude saying I owe the debt, I spend the Debt and I will no matter what pay the debt, I stated that I did not receive my CCA and he said to write to them again which I refused because they had ample time. I feel as thought Barclaycard are trying to scare me into paying this debt. He even threatened to send debt collectors round.He also stated im incurring interest every month.I thought this was against the law.

 

Ok so I am a bit worried now and dont know what to do, Can anyone please advise me, what if I do get Debt collectors at my door and do I stick to my guns? Reality is I have spent it but If there is a law stating i dont have to pay it If there is no CCA then why should I, also if I add up what I have paid I have paid them more then double of what I owed.

 

Ok So can someone with experience in this matter help me out PLEASSSSEE!!

 

Thanx a mil

natasha:-)

[B3rty]

Try this letter, you will need to adapt it to suit the documents recieved.

 

Dear Sir/Madam

 

Re:− Account/Reference

 

ACCOUNT IN DISPUTE

I have received the documents you sent and in the accompanying letter you state “Enclosed is a copy of the executed agreement”. You have confirmed this to be a true copy of the credit agreement that exists in relation to this account. As you have sent this document in response to a formal request under Section 78 (1) of the Consumer Credit Act 1974, this statement is now binding on you as per section 172 of the Act.

 

I must inform you that the information received does not meet the requirements of a properly executed credit agreement under the 1974 Act.

 

The documents received amount to no more than a pre-contractual application form and do not contain any of the prescribed terms as set out in the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) Schedule 6 Column 2.

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974

 

The absence of a properly executed credit agreement prevents you from:

• Adding interest to the account
  
• Taking any enforcement action on the account
  
• Issuing any default notices or registering any default marker with a credit reference agency.
  

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

Wilson v First County Trust Ltd [2001] EWCA Civ 633, Sir Andrew Morritt, Vice Chancellor said:

• The creditor must…be taken to have made a voluntary disposition, or gift, of the loan monies to the debtor. The creditor had chosen to part with the monies in circumstances in which it was never entitled to have them repaid
  

In the case of Dimond v Lovell [2000] UKHL 27, Lord Hoffmann said:

• Parliament intended that if a consumer credit agreement was improperly executed, then subject to the enforcement powers of the court, the debtor should not have to pay.
  

I would also point out that if you continue to pursue me for this debt while it is dispute you will be in breach of the OFT guidelines.

What I Require

• I require all correspondence in writing from here on; any persistent attempts to contact me by phone will be reported to trading standards
  
• I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case.
  

Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement is unenforceable and any default notice is non compliant, it would be in everyone’s interest to consider the matter closed and for you to write the debt off.

I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

 

Yours Faithfully

Your name

Name

[nbonser]

Thank-you I will try this letter aswell, I'll send it recorded and do I send it only to barclaycard and ignore merces? Thanx again for your help I really appreciate it.