nbonser -v- Baclaycard

[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:-)

[dpick]

Hi Everyone,

 

Ok I need some serious help;), 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 . 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.

 

No agreement = no enforceable debt........

 

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.

 

You have made a lawfull request and BC have stated they cannot produce an agreement by law you are not requie=red to make any payment on this debt. If you want you can just ignore them (open all letters just to make sure they do not produce an agreement) for six years it then becomes statute barred and then you can tell all of them to po.

 

I told them they have no agreement so any debt sold to any DCA will meet with the same responce "this debt is not worth the paper it is written on goodbye".

It worked as well

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:)

 

All the best dpick

[bushtuckerkid]

Im in a similar situation to the original post. I have sent a cca request to BC followed by an account in dispute letter but have no response. I continually get phone calls from them so sent the "telephone harassment" letter. I haven't had any calls since.

I'll probably get contacted by Mercers soon. Bring em' on!

 

BTK

[slick132]

Hi Nbonser,

 

I've moved your post into your own thread.

 

I'll be back to comment later.

 

[MARTIN3030]

Engaging third parties to try to collect payment of an account in dispute is a breach of OFT debt collection guidelines.

I think additionally you will find its a breach of the Banking codes,and also the Unfair Consumer 2008 regs.

I think you mean Mercers ?

Dont speak to anyone about this by telephone.

Of course you can ignore the threats but you should not have to endure them.

I would be inclined to put something in writing to both Barclaycard AND Mercers.

[nbonser]

Hi everyone, I have another problem now that im not sure how to sort out, I have had to change my number so that Mercers no longer contact by phone because it was getting to, sometimes 5 calls a day and I just could not take it anymore I have been now recieving letters from Mercers ever since saying I need to contact them because they no longer have my number etc. So I have been ignoring there letters and still waiting for my true CCA agreement.

Yesterday I recieved a letter from Barclaycard saying......

I write further to your letter and the enclosed £1.00 fee requesting a copy of your executed agreement (asked for 3 months ago!) for the above account. Please also accept my apologies for the delay in response and for the inconvienience this may have caused.

 

Please find the following documents enclosed:

. A copy of you original Barclaycard Credit Agreement at the time you opened your account (this so called agreement is just a photocopy of a barclaycard agreement with no debt recorded on it, no dates and no signitures. not even my name! nothing but what an agreement would say)

Its like they have send thousands of these photo copies out and beware there is a section saying to cancel the agreement (no one must sign and send it back because i assume its a [problem] so they have your signiture.)

. The current credit limit on your account is £****.**

. The current balance on your account today is £****.**

. The next minimum payment of £***.** is due 06/04/2009

. Please note, a copy of your current Barclaycard Terms and Conditions will be sent under seperate cover.

 

This is the best part of the letter:

The information we must provide to you under the term of section 78 is prescribed by the Consumer Credit Act 1974 and by the Consumer Credit (cancellation Notices and Copies of Documents) regulations 1983.

 

You will be recieving your next statement shortly which will provide you with the full details of your account.

 

This complies our obligation to you under section 78 of the Consumer Credit Act 1974

 

your sincerely

 

Joanne Robinson

Court Orders and disclosures

Legal and regulatory Compliance

 

 

Now this took Barclaycard 3 months to put together and send to me and still fail to supply me with my true signed credit agreement (which as we all no dont have now.)

I then today recieved my statement and every month thay have been putting on loads of interest and still sending me out bills, and Mercers are still contacting and from the letters I have sent to them it clearly states by now they should of closed this matter, and written my debt off because they could not supply me with my CCA!

 

My question is: I am trying to put a letter together to Barclaycard basically saying that they have to stop sending me bills and putting interest on the debt and to basically supply me with my true CCA or po!!!

 

Can anyone help me pls

 

Thanx again

[slick132]

Hi Nbonser,

 

......the letters I have sent to them it clearly states by now they should of closed this matter, and written my debt off because they could not supply me with my CCA!

If only it were that simple.

 

BC are saying they've fulfilled their obligations under CCA 1974 and there is some merit in this assertion. So while you may say the debt is not enforceable, or the account is in dispute, BC will say the opposite.

 

Read Link No2 in my signature below - just the first few posts to start with or you'll get overloaded. Then send off the first CPR letter to BC.

[nbonser]

Thank you so much.