morgan & stanley /barclaycard

[bones01]

am i correct in thinking on the other threads that i got the letter template they said write to oft , if this the same address (place ) as fos , as am wondering if i am being daft or am too tired over last few days ,(young babies + no sleep )

 

so i send to ofcom address above on link , ts which is local place which have got + finally ( scratch head ) its blank ha ha

 

thanks slick you are very patient

x

[slick132]

Hi Bones,

 

Personally, I'd just complain to FOS and OFCOM.

 

The OFT and TS will not help your personal case, whereas the FOS may well investigate it and charge BC to do so !!

[bones01]

thanks will send them and let you know

they seem to have gone all quiet at the mo it a bit worrying

[bones01]

right have got them ready to post tomorrow when visit post office have laredy done one for oft as well so will just send it for the hell of it

 

Have recieved a letter today from mercers , so i am right in thinking , i cca them and sent the account in dispute letter sent to bc with the dates that, i sent it to bc saying in dispute ?

is there a letter that i should send as covering letter to let them know they are acting inappropriatly ?

thanks

[slick132]

Hi Bones,

 

Good, re sending letters off.

 

Re letter from Mercers, ignore it just like you're ignoring their phone calls. In reality, they'd ignore anything you send them.

 

No CCA is required as you've already sent this to BC, followed by the CPR letter.

 

Re my post #46 above, have you sent the SAR for your BC statements (assuming you don't have them all). This is more important than the complaint letters as it it far more likely to get you positive and useful results.

[bones01]

hi not done sar yet am waiting till get paid to send it but will as soon as have .

Had a letter this morning from mercers again saying they are going to send a local debt collector to call , worried now .

 

what letter do i send them ?

Do i have a duplicate here as well to give them if they call ?

Can they come and take anything ?

 

Please help , this is starting to make me panic

thanks

[eastlondoner]

Hi Bones, dont panic. Mercers send out stuff like this all the time. I have been having daily text messages for over three months saying they are taking me to court and sending somebody over. They haven't, and they probably won't as it will be totally illegal while the account is in dispute. It might be worth writing to Mercers to ease your mind. I have a stock letter that I send out every couple of weeks pointing out the lack of CCA, blah blah blah, just so they don't forget. I will post it up here later if I get time, but it is just a mixture of bits from this site.

 

Don't let it stress you out though. The great thing about this site is that you learn quickly how to deal with these people, and that they are nothing to be scared of. Especially Mercers/Calders/Bcard! Empty threats. Get that charges claim in asap and go for the jugular!

[Desperate Daniella]

Hi Bones,

 

As EL says, don't panic. I keep getting texts too, saying they MAY start legal proceedings. They know very well they can't do this while the account is in dispute.

 

DD

[slick132]

Hi Bones,

 

Check here for advice - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit-.html

 

And here for a letter - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/590-letter-used-when-a-dca-threatens-a-doorstep-visit-.html

 

Send Mercers a copy of the letter, and keep a copy by the door, just in case. Don't worry about this - they often threaten to visit but do so quite rarely.

 

Even if they do turn up, it's really nowt to worry about - give them the letter, tell them to leave and DO NOT get involved in any discussions. There's just no need.

[bones01]

thats great thanks have got them ready to post monday thanks again

[bones01]

hi all have posted the letters today , have sent no calling one above to mercers and have sent 2nd cpr letter to bc with the copy of first cpr letter and a dont call letter as well .

Then this mornign in the post i have recieved a letter from bc , saying climit is , amount owe is ?

next payment due ? blah blah and your current cca with bc has been sent under seperate cover ..................?

weather this means the t&cs i recieved BLANK might i add ha ha or that they have sent something else as well , but either way , the origional aggreement was not with them so am not holding my breath .....

They also said this now concludes everything that they have to do to comply ?

 

What should i do now , wait the 14 days for the compliance for letter 2 or will they just take it as they have repiled with the above letter ?

Should i send something else stating that still in dispute and the t&cs are not a proper agreement ?

thanks again

x

[slick132]

Hi Bones,

 

The ltr you rec'd today is a statement of a/c that BC will say fulfils their obligations under your CCA request when combined with the T&C's they sent you.

 

Continue with the CPR route giving them the 14/21 (??) days suggested by Pt on his thread.

 

Don't waste time, energy and paper on telling BC they haven't complied with your CCA request - they simply won't agree.

[bones01]

Right okey dokey will do

have sent my letter giving them 14 days , should it have been 21 ( just remember it saying reasonable amount of time so thought 12 + 14 was enough )??

sent that today must have crossed before i got that reply , so leave it at that then , what is my next move cause cant imagine they will leave it at that or answer ?

thanks

[slick132]

Bones,

 

14 or 21 days - it won't matter cos they'll ignore you or deny they have to do anything anyway.

 

Watch here to see how this case pans out - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/165349-smt37-morgan-stanley-goldfish.html

 

It may pave the way for other cases.

 

[bones01]

thankyou , i have recieved another letter today saying they have sent their full and final response over 2 weeks ago satisfying the dispute and to complain to the fos if still not happy ????

what should i do now ?

oh BC are just useless x x

[slick132]

I see you've subscribed to smt37's thread.

 

You can wait and see how that goes, or maybe try a complaint to the FOS, seeing as BC have kindly suggested it.

[bones01]

would you recomend just giving them the days for the cpr 2nd letter , before bothering doing anything , as it wasnt to long agop that i sent complaint about harrassment to the fos for bc and still have not had a response for that yet ??.

i am really confused now ha ha , thats not hard , ill keep my eye on the other thread as well .........

thanks slick x

[slick132]

Hi Bones,

 

With the way BC respond to letters, give them the time allocated and more if you want. You know they'll just respond how and when they want.

 

The only time to act fast is when you are taking them to court. Otherwise, I think a more relaxed approach will avoid unnecessary frustration.

 

Personally, I'd wait to see what happens with smt37's case, unless you want to head off to court and be a trail-blazer (or should that be TRIAL-blazer ).

[bones01]

thankyou going to send of an sar this weekemnd as well when get abbit of time

Can i ask have been reading threads and afew are talking about claiming back ppi and contrctual interest and obviously added charges . iknow they have added a few charges before the account was disputed but not many , but how would i know if was paying ppi on statement would it state it ? and is claiming back the contractual interest only to do with ppi claims ?

sorry just puddled with this one ,

thanks you slick x

[slick132]

Hi Bones,

 

My experience with PPI is limited as I've never had it on my cards. I assume it would show each month as payment protection or summat.

 

Maybe others can tell you, or post the query in the PPI forum.

[beachcomber60]

Hi Bones,

 

My experience with PPI is limited as I've never had it on my cards. I assume it would show each month as payment protection or summat.

 

Maybe others can tell you, or post the query in the PPI forum.

 

Hi Slick & Bones,

 

It'll show on the statements as Payment Protection Plan, it's pretty quiet on the PPI forum.

 

Beachy

[bones01]

thankyou beachy , so if can onlt see interest then it prob not on there but will double check

what about contractual interest does this only get claimed back if you have had ppi?

so i would be claiming just the unlawfull charges if no ppi ?

thanks you again

x

[beachcomber60]

thankyou beachy , so if can onlt see interest then it prob not on there but will double check

what about contractual interest does this only get claimed back if you have had ppi?

so i would be claiming just the unlawfull charges if no ppi ?

thanks you again

x

 

 

No prob., glad to help - having my own battle with BC at the moment, if you have unlawful charges then you can claim contractual interest as well, but as Slick will confirm you'll probably have to take BC to court to get it, I recently got my charges back fairly quickly + 8% interest.

 

Beachy

[bones01]

ohhhhhhhh right i see , so when done my sar i calculate all the unlawful charges and add 8 % interest on it then that is the figure , unless go to court and can get contractual interest .

Think i get it now

ill get it off asap

and check the ppi........

and wait ............ till they start hounding me again the clock is ticking though since they got their 2nd cpr letter tick tock bc .....

thanks

[slick132]

Hi Bones,

 

As Beachy says, if you want a quick refund which may include a flat rate 8% bonus (not date-related), just reclaim the charges and BC will pay this quite quickly.

 

If you want to claim interest at the contractual rate, you'll have to file a claim at court and BC will argue right up to (but probably not into) court. The financial reward may be high.

 

Read here for some debate on what you can claim - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/189033-monument-charges-2.html#post2090349

 

Start a thread in the PPI forum to d/w this aspect of your case. They'll confirm about what int't to claim.

Edited April 9, 2009 by slick132
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