chris2806 v morgan stanley / barclaycard

[chris2806]

Hi all, am struggling for work at the moment and have CCA'd barclaycard - originally credit card was morgan stanley

so far they have replied with what looks like current T&C

have sent letter back stating they have not complied etc.

will update when I get anything back

- auto calls have started.

[slick132]

Hi Chris,

 

If you read other threads here, you'll see BC will only send T&C's in response to your CCA request.

 

Have a read of Link No2 in my signature about using the CPR route to get a copy of your agreement.

 

[Desperate Daniella]

Hi Chris,

 

There are loads of us here with MS cards which are now owned by Bcard, and we are getting complete rubbish in response to our CCA requests. Firstly they send the current bcard T&Cs, and if you write back you may well get a copy of your application form blown up to A3 size so it is barely legible, and then there are some financial conditions which have all sorts of references to conditions which aren't there!

 

I wrote back asking them to explain the discrepances in mid january and I'm still waiting for a reply.

 

DD

[chris2806]

thank you all for replies, nice to be part of this forum

regards

chris

[chris2806]

still nothing from Bcard yet, but they phone me 7 days a week 8 til 8, I sometimes speak to them but only to say "put it in a letter, I will respond" not that it makes any difference, they have my mobile as well and thats also ringing 4 or more times a day. a bit tedious but needs must etc

chris

[slick132]

Hi Chris,

 

Hope you're keeping a log of their calls in case you want to make a formal complaint.

 

Have you read this about a CPR strategy success with BC - http://www.consumeractiongroup.co.uk/forum/barclaycard/195898-cpr-strategy-important-success.html

 

[chris2806]

Hi all, have just got my first "mercers" letter - default? letter, a little scary! would someone be kind enough to look over it and advise, should I contact them or is there a standard reply, what can I expect next?

I SAR'd barclays 2 weeks ago after not getting any joy with the agreement (usual current T&C)

thanks

links: front page

 

http://i682.photobucket.com/albums/vv190/2806dreamer/barclaysmercersletter1.jpg

back page on next post:

Edited May 11, 2009 by chris2806
wrong link

[chris2806]

back page (hopefully)

:

http://i682.photobucket.com/albums/vv190/2806dreamer/barclaysmercersletter1back.jpg

[slick132]

Hi Chris,

 

Adapt this and send to Mercers.

 

Dear Sir or Madam,

ACCOUNT IN DISPUTE - Account number: XXXX XXXX XXXX XXXX

 

I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be resolved on **DATE**. This obviously hasn’t happened.

 

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines have breached and I consider this account to be in SERIOUS DISPUTE.

 

As you are aware, while my Consumer Credit Act request remains in default, enforcement action is NOT permitted and, under s127, this constitutes a complete defence at law.

 

I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter and look forward to hearing from you in writing.

Yours faithfully,

[Desperate Daniella]

That is such a brilliant letter, Slick.

 

I'll be using it for some of my others as well.

 

DD

[the_shadow]

It could be argued the Default notice doesnt have the prescribed terms in the correct format, but a more powerful argument is that the dates are wrong. Unfortunately you've blanked out the dates so I cant see them.

 

They need to allow 2 working days service (if sent 1st class) from the posting date for you to receive and then 14 calendar dates. So you should be able to work out if they did that step correct also. I've seen a few sent on a Friday which means they cant start counting until the following Weds (usually leaves them 4-5 days short of the required remedy date)

 

Bit of a moot point as they are in dispute but never hurts to have more ammunition to fire back at them.

 

S.

[chris2806]

Hi shadow, thanks for your help will check dates.

[chris2806]

Hi all, would like advise please on the following letter received today.

 

still not seen a CCA, and my SAR request just brought in a load of computer printouts and still no CCA, getting a bit nervous now as they seem to be ignoring requests and pressing for a doorstep visit.

 

can anyone suggest a response?

thanks

barclaycard letter page 1:

 

http://i682.photobucket.com/albums/vv190/2806dreamer/bbardmercer.jpg

 

and page 2:

http://i682.photobucket.com/albums/vv190/2806dreamer/bbardmercer2.jpg

[lee32uk]

If they haven't fully complied with your SAR, then you could always force compliance through the Courts

I have a similar situation with Royal Bank of Scotland.They only sent me a handful of statements and a few other bits, so I wrote to them giving them a further 14 days before I started court action.

They ignored my letter, so I fired an N1 form off to make them.Just waiting now for the court to respond.

[lee32uk]

Forgot these links.The first one has non-compliance templates and the second has the details for the N1 form if you need it

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/129-data-protection-act-non-compliance-template-letters-.html

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/130-data-protection-act-non-compliance-particulars-of-claim-

[chris2806]

thanks lee32uk, will have a look, regards

[slick132]

Re the computer print-outs, if they readily provide the data you require to show a/c entries, they may be suffiecient. In particular, do they identify all dates and amounts for penalty charges.

 

If not, send BC a non-compliance LBA as Lee suggests.

[chris2806]

Hi all, just an update.

account been passed to over to calders/mercers and now just got a letter from Debt managers Ltd, so sending them the same letters.

So this lot is not "in house" will they buy debts?

no offer of a settlement discount and still no sight of any cca (originally morgan stanley/dean witter

any else had dealings with debt managers ltd/

thanks

chris

[Desperate Daniella]

Hi Chris,

 

Calder/Mercers as you probably know are Barclaycard's in-house collection teams - change hats occasionally. They don't tell you they are part of barclaycard and something has just occurred to me - OFT guidelines say they can't set more than one DCA on you at the same time, so if you are getting grief from all of them report them.

 

I read on another site that Debt Managers are the people bcard use to chase unenforceable agreements.

 

They sent me three letters enclosing the cut and paste agreement and I kept asking where Q4 was and they have been quiet for a while now.

 

DDxx

[chris2806]

oh that sounds good! they chase unenforceable debts - well I'll keep you posted

so far only had 1 DCA at a time, but will bear in mind

 

thanks for taking an interest

regards

chris2806

[slick132]

Hi Chris,

 

In theory, unless you receive a Notice of Assignment confirming to whom a debt has been sold, you should assume it remains under BC's umbrella.

 

[the_shadow]

 

They sent me three letters enclosing the cut and paste agreement and I kept asking where Q4 was and they have been quiet for a while now.

 

DDxx

 

I think they just send the difficult people to DM Ltd

 

 

 

 

No... being serious my wifes overdraft with Barclays was sent to them to I think its probably just the next pond life on the list

 

S.

[GARY68]

Hi Chris

 

you seem to follow in the same timetable as me and many others,

I have had a long dispute with barclaycard over them sending standard terms & conditions and eventually sent off to fos,and they came back with an application form in the end. make sure you keep all your letters and in sequence and add these to your file,

They havent sent you anything to date and in your sar so they probally havent got anything except a application form(unenforcable) they are just calling you bluff to see how far they can go, when threatened with the oft these debt collection agents hand it back to original creditor.

 

DEBT MANAGERS LTD

PO BOX 168

19 HERIOT ROW

EDINBURGH

EH3 6JR

ACCOUNT IN SERIOUS DISPUTE

 

Date: xx/xx/ 2009

 

Dear Sir or Madam,

 

Account number: xxxxxxxxxxxxx

 

I am in receipt of your letter dated xx/xx/ 2009

BARCLAYCARD HAVE CHOSEN TO IGNORE MY LAST CORESPONDENCE

 

This account is in dispute with Barclaycard and has been since xx/xx/ 2009.

Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

As you are aware while my Consumer Credit Act request remains in dispute enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

These have been made to my home and my work place,

I have verbally requested that these stop, but I am still receiving calls.

I now require all further correspondence from your company to be made in writing only.

 

You are reminded of the following under The Administration of Justice Act 1970.

 

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

I am of the view that your harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Further to this all Threats of Doorstep Collectors must also cease unconditionally and with immediate effect. I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.

 

Be further advised that any further telephone calls from your company will be recorded.

 

Debt Managers have now entered on to my complaint to which I have compiled a file of letters and logs of telephone calls to my home and place of work these now will be forwarded on to the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service for investigation.

After taking Legal advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection from Unfair Trading Regulations 2008 in line with the Office of Fair Trading Collection Guidelines

 

I would appreciate your due diligence in this matter.

 

Yours faithfully