Barclaycard/Mercers Dept Collectors

[Gazza112]

many thanks, can you just confirm pls

 

im taking now BRW advice and sending all my correspondence to The Company Secretary at each of my creditors Registered Office address this way they cannot say didnt get my letters, also im going to use recorded delivery at 1.08 but not sure if for this letter use the registered post at 4.60

 

any ideas what you think best or how do you send your letters?

 

many thanks angel x

 

Hi Angel

 

Yes, just send it to there Registered address, and recorded £1.08 is fine as this is what i use. Don't use the Registered mail unless you wan't to untill the final stages.

 

Gaz

[angel_1]

thanks again gaz super

 

off to the postoffice in a bit

 

catch up laters angel x

[deepdebt]

Hi Angel 1,Re Address, I've seen other thread on hear regarding Barclays address as listed with Information commisioners office.

 

CAGgers have sent their reguests to Reg office only to have them returned and told to send them onto:-

 

CCA Request:-

Barclaycard

Customer Relations Unit

1234 Pavilion Drive

Northampton

NN4 7SG

 

and SAR request to:-

Barclaycard

Data Protection Team

1234 Pavilion Drive

Northampton

NN4 7SG

 

Maybe someone can advise further. Sorry didn't subscribe to thread otherwise would give you the link.

[Gazza112]

Hi Deepdept

 

The address you put up is where i send all my Correspondence too.

 

Gaz

[deepdebt]

Hi Angel 1,Re Address, I've seen other thread on hear regarding Barclays address as listed with Information commisioners office.

 

CAGgers have sent their reguests to Reg office only to have them returned and told to send them onto:-

 

CCA Request:-

Barclaycard

Customer Relations Unit

1234 Pavilion Drive

Northampton

NN4 7SG

 

and SAR request to:-

Barclaycard

Data Protection Team

1234 Pavilion Drive

Northampton

NN4 7SG

 

Maybe someone can advise further. Sorry didn't subscribe to thread otherwise would give you the link.

 

Hi Gazza112,

 

Lets hope 'angel 1' reads this info.

[angel_1]

oh thanks Gazza and deepdebtive understood you better now, the barclays reg address for the bank is in london, but i see what you are saying ref barclaycard, mind you thats where the letters i think have come from for hubbyokay understood better nowif the bank the london address but bcard then what you have giventhanks for the updatecheers laters angel x

[Gazza112]

Hi All

 

Had a letter back from Barclays today, which i'm a bit confused with the contents. I wrote to the in early January 2009 asking for a true copy on my signed agreement using the CPR 31.16 route.

This is the reply i got from them, can anybody give me any advice what to do next.

 

 

 

 

 

Gaz

[Muffintop]

Hya Gazza, still following you here and MBNA, we are following each other, Im now a victim of Mercer... if they turn up at my house I will call Police and get them nicked for breach of the peace

[Gazza112]

Hi Muffintop

 

I've only had one house call, but being on CAG knew how to say and handle him. He soon left my house with his little book, good tip what i was advised on here is to take a photo of the man who called with his car reg number.

The reply i had from Barclay's today was a load of crap, andthey certainly haven't got a clue on the CPR route or the CCA route.

 

Gaz

[Desperate Daniella]

They absolutely do not want anyone to see these agreements, do they?

 

DD

[Desperate Daniella]

That is usually what they send in response to the CCA request. Surely it doesn't meet the requirements of the CPR 31.16?

 

DD

[Gazza112]

Hi Desperate Daniella

 

Yes, Barclays are getting a pain in the B...S... for sending out agreements.

I've tried both ways now, CCA and the CPR paths with no results.

 

Gaz

Edited February 19, 2009 by Gazza112

[Gazza112]

Hi Desperate Daniella

 

No it don't, can you see they said that they received my £1.

Considering that i wrote to them back in September last year.

So is the CPR 31.16 working for anybody else, i did get 3 replys back one was from Halifax but they sent the wrong agreement through. One from Natwest who dont have the original and Capital 1 who sent me there's.

 

Gaz

[ska1664]

Sharklycard really do seem to be completely unable to provide the agreements in fact they are doing everything not to produce mine:)

[sploits]

Subbing.

 

A friend of mine is going through the same fun and games with Barclaycard/mercers. He was going to try and cough up (he isnt working at the minute so was going to lend money from parents/friends) but he spoke to me and i got a CCA request fired off straight away. Still nothing back (only been over a week though)but after reading your post I think I know what will be coming............No CCA

[Desperate Daniella]

I bet they asked him to borrow the money from someone else to pay them? They asked me to do that, and OFT guidelines I think state that they mustn't demand anyone gets another debt to pay them!

 

As you are seeing, these people will go to any lengths to make people pay up. Lies, threats, anything goes - oh what a joy it must be work as a DCA!

 

Blencathra has been told this very afternoon that they have his original agreement, and we are all waiting in great anticipation to see it. It's the only one I have heard of that is in existence. (Actually I'm pretty sure it will what they have sent him, and us, already which is not the CCA!)

 

DD

[Muffintop]

Gaz, are you talking about CPR pre court disclosure route??

my husband had reply today stating that they were going to take legal action in the court sense or he would get an ccj or a charging order on the house.... I said to him well bring it on as if they have to go to court they would have to disclose the cca... wouldnt they.. how the hell can they give him (us) a ccj or charging order when there no godamm agreement... correct me if Im wrong.

[Gazza112]

Hi Muffintop

 

Yes, i was going down the COR 31.16 route, as the CCA route was getting knowwhere. I sent the CPR letter and you can see from the reply what Barclays sent back. Ever Barclays are thick and cant read a legal responce or they need knew starfing.

 

Gaz

[Muffintop]

thanks Gaz... did you get a letter at all from mercer saying they are taking you to court and you may get a charging order, blah blah.... eventhough they havent disclosed the agreement

 

Incidently Im confused as received letter staying

'for the avoidance of doubt the consumercredit act 1974 jdoes not prohibit collection activity when an account is in dispute

 

this is an important factor for us caggers as we have been sending letters saying you may not demand payment etc so need to find out if this is the case or another lie

[Gazza112]

Hi Muffintop

 

Yes, had that letter from mercers threating to take me to Court and charging orders on my property. I had a letter from Power2contact and from credit solutions. I'm still here and Barclays still not issued me with a true copy of the agreement.

 

Gaz

[Muffintop]

tnx gaz I can sleep tonight then lol

[bazaar]

Well if they send you threats, why not send them one back, They are in default of not only the CCA request, but now your CPR request too.

Theres no point in making these requests if we are not prepared to charge them for defaulting. IMO

[MARTIN3030]

I think they are talking about the legal enforcability...of course they can still ask under the CCA but only a Court can order someone to pay.

More important is to look at other legislation/guidance.

 

Office of fair trading Guidance on Debt collection 2003 /2006 is very specific for disputed debt.

 

Industry standard codes of practice which DCAs and Baliffs are subscribed to and therefore expected to uphold whether voluntary or not,also fall within the Unfair Consumer Terms Regulations 2008..If they are not upholding such.

[the_shadow]

thanks Gaz... did you get a letter at all from mercer saying they are taking you to court and you may get a charging order, blah blah.... eventhough they havent disclosed the agreement

 

Incidently Im confused as received letter staying

'for the avoidance of doubt the consumercredit act 1974 jdoes not prohibit collection activity when an account is in dispute

 

this is an important factor for us caggers as we have been sending letters saying you may not demand payment etc so need to find out if this is the case or another lie

 

I think you'll find its in two places:-

 

The OFT debt collection guidelines that state no action should be taken on an account which is in dispute.

 

The CCA states as far as I'm aware that if they dont respond to a CCA request within 12+2 days then they are unable to perform certain actions on the account... these include actions to recover a debt.

 

Section 78 (6)(a) states he is not entitled, while the default continues, to enforce the agreement;

 

 

PmW

[42man]

Edit to suit and send recorded

 

ACCOUNT IN DISPUTE

 

Dear Sirs,

 

I write in response to your letter dated XXXXX

 

Your letter is incorrect and frivolous, you are fully aware of legally valid reasons why no payment has been made on this account, namely that the agreement which underpins this account has not been supplied despite a perfectly valid request and furthermore, it is suggested that notwithstanding the failure to supply a copy, the agreement itself is improperly executed, devoid of all prescribed terms and deficient in respect of detail relating to APR, total charge for credit and statements of rights ,remedies and protections as required by schedules 1,2 and 6 Consumer Credit Agreements Regulations 1983

 

Therefore the agreement as outlined in section 65 (1) Consumer Credit Act must be laid before the court to be granted an enforcement order before any further action can be taken

 

It is my view that the court would not grant such an order due to the deficiencies that I have outlined within the agreement, further more this has already been raised with Barclaycard yet I note they have still assigned the account over to yourselves and the absence of any documents disproving my points itself speaks volumes

 

Therefore, I would indeed welcome the opportunity to place this before the court. furthermore should you proceed with the threats to issue a court claim I will make an immediate application to have it set aside for the grounds outlined above, also I shall refer the judge to this letter when the matter of costs falls due.

 

Please also note that I consider your behaviour in this matter as pure harrassment, I find it hard to believe that I have to quote the Office Of Fair Trading's guidelines on debt collection which state - Section 2.6 -

h. ignoring and/or disregarding claims that debts have been settled or are

disputed and continuing to make unjustified demands for payment

As you represent banks, who regularly make charges and in light of the fact that I have taken time out to carry out research, I have charged you £30 which I will add to my legal costs.

 

Also please consider this a formal complaint, If I do not receive your official complaints procedures within 14 days, I will have no option but to make your behaviour known to the Office Of Fair Trading and the Financial Ombudsman Service.

 

As regards to my request for a copy of my agreement, I quote from correspondence from the Office Of Fair Trading.

 

It need not be exact on immaterial points,

but it cannot be a conjectured reconstruction. If the trader has no original copy, the trader will have

difficulty showing that he has complied with the regulation by supplying a ‘true copy’, since nobody

would know what was in the original. When the trader comes to enforce the debt in court, he needs

to have a signed copy of the agreement in order to enforce. As the law stands currently he cannot

otherwise.

 

In the absence of a copy of the original agreement someone's liability for a debt can only lead to

further query. However in circumstances like this we would view it is as unfair practice under

section 25(2) (d) of the Act and relevant to licence fitness if a trader failed to investigate and/or

provide details as appropriate when a debt is queried or disputed

 

I trust this outlines my position clearly enough for you