Barclaycard no CCA just t&c???

[johno23]

Cerbs your a legend and so helful!!

 

Any idea of contents of letter I should send to ICO and OFT and have you got the addressess.

 

Much appreciated and keep up the good work!

 

Johno

[cerberusalert]

 

The Office of Fair Trading: Contact us

 

[email protected]

 

The Office of Fair Trading: Debt collection practices

 

tel: 020 7211 5823

 

 

https://www.ico.gov.uk/Global/contact_us.aspx

 

Just give a brief outline of the problem & include a copy of their letter. If the OFT or the ICO need any further info they'll get back to you.

[johno23]

cheers again!!

 

Sent letters via emails to ICO and OFT.

 

Let's see their response!!

 

Keep you all posted.

 

Thanks

 

Johno

[angel_1]

hiya johno

 

came across your thread tonight, ive been ignoring mercers for some time but i feel i need to get back onto the track ,,, bcard have not sent no cca from the request like you only t and c.... nothing in the sars, and now done a cpr request, not even acknowledged it ,,,,now back to doing the next letter,,,,,,,

 

have you come across a thread that smt has taken barclaycard to court as they didnt comply ?

 

will post it up if you wish,,, am subbed to your thread, at it amused me so much on the reply you had that they have resolved this by setting mercers onto you instead of resolving the matter as it should be by providing your cca

 

looks like they aint got it,,,,like others here we all have had the cca terms and conditions...

 

keep positve and i will be doing the same complaints as advised to you now too thanks cerb - i think time to keep complaining to the bodies we should

 

have a fun day all laters angel x

[42man]

Johno....this might be a good option for you (apologies if you have already read these) - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html - with this as the result (Barclays) - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/165349-smt37-morgan-stanley-goldfish-3.html#post2119750

[johno23]

Cheers Angels and 42 man

 

I have today sent a letter to Mercers saying that they need to pass the debt back to Barclaycard as it is in dispute and that I will not respond to anymore correspondence.

 

Also sent the first letter off to start CPR procedures to Barclaycard.

 

As they are also putting negative information on my credit file, I will be taking this all the way to the court, with the support from CAG.

 

Many thanks for your support, will read up the attached post 42 Man when get a little more time.

[johno23]

I have received a reply from trading standards and they say my case needs to be dealt with through the FOS.

Just seems they want to pass the book, however I have now complained to the FOS.

[angel_1]

you are very welcome johno

 

and thanks 42man they were the threads i was thinking of last night

 

laters angel x:cool:

[johno23]

Cheers Angels and 42 man

 

I have today sent a letter to Mercers saying that they need to pass the debt back to Barclaycard as it is in dispute and that I will not respond to anymore correspondence.

 

Also sent the first letter off to start CPR procedures to Barclaycard.

 

As they are also putting negative information on my credit file, I will be taking this all the way to the court, with the support from CAG.

 

Many thanks for your support, will read up the attached post 42 Man when get a little more time.

 

 

i have received a letter of Mercers and they said they will continue to chase the debt as BC has told them to. I have to pay the arrears or they will pass the debt to a debt collection agency and they will do a doorstep visit.

heard nothing as yet regardin CPR request, they have until 12th June, then next letter will be sent.

[johno23]

Today i Have sent the formal request CPR letter off today. They have another 21 days, then it will be the final letter and court for disclosure!!

 

Here goes!!

[johno23]

Hi all

 

I am at present constantly receiving calls from Mercer's as expected from this site. I have sent the letter off requesting that they pass the account back to barclaycard as it is in default and has been since february as they have still not forwarded a CCA to me.

 

Would it be wise to send a CCA to Mercer's as they are only claiming to be acting as agent's of Barclaycard.

 

Many Thanks

[cerberusalert]

Mercers are the inhouse collection arm of Barclaycard, send them this;

 

Dear Sir or Madam

 

Harassment by telephone

 

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.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only. [if you Want Them to]

I am of the view that your continued 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.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

Yours faithfully, **Print name do not sign**

[greendollar]

The last post is correct....Mercers=Barclays,don't be surprised when a company calling themselves Calder Financial start sending you letters demanding money as they're just another front that Barclays use.Have been advised that Barcleys policy is to keep badgering customers for 8 months before they sell the debt on.

[LampLighter]

Have been advised that Barcleys policy is to keep badgering customers for 8 months before they sell the debt on.

 

Customers??!?!! . . . . ... ... .....

Laugh? I almost handed my fags round.

[johno23]

Hi Posted is the response to the ICO. I have also requested a signed copy of an agreement throught the SAR Route but they do not seem to want to mention this!

 

Thank you for your correspondence dated 19 May 2009, regarding a request to Barclaycard for a copy of a signed credit agreement under sections 77-79 of the Consumer Credit Act. Please accept my apologies for the delay in replying to you, our office is currently dealing with large volumes of work.?This has meant that we have been unable to deal with incoming correspondence as promptly as we would like.

It may be helpful to explain that the Information Commissioner regulates and enforces the Data Protection Act 1998, amongst other legislation, but we have no involvement in regulating these section(s) of the CCA.?The CCA is regulated by the Office of Fair Trading.? As such, your complaint is not one that we can look into.?

젨젨

To pursue this matter you should call Consumer Direct on 08454 04 05 06 for advice or write to:

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London

EC4Y 8JX

It may be helpful to explain that sections 77 and 78 of the CCA state that a creditor must give a consumer a copy of their executed agreement within 12 working days of receiving a request in writing and the appropriate fee. ?/span>The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (밅NCD? specify that every copy of an executed agreement, security instrument or other copy referred to in the CCA and delivered or sent to a debtor, hirer or surety under any provision of the Act shall be a true copy thereof. ?/span>However, it is well established that a 뱓rue copy?is not an exact copy.

Regulation 3(2) of the CNCD Regulations allows the following to be omitted from any copy:

a) Information in the original which relates to the debtor, hirer or surety or is included for the use of the creditor or owner only and which is not required to be included in the original agreement by the Act or by any regulations as to form and content. Therefore it is not necessary for the copy to reproduce, for example, details of the business or occupation of the debtor, the name and address of the employer or bank details of his income etc,

b) Any signature box, signature or date of signature.

Therefore there is no requirement for Barclaycard to send you a copy of the original agreement. They may simply send you a copy of the terms and conditions of the agreement.?Further to this, sections 77 and 78 of the CCA do not apply once the agreement has ended; therefore a creditor does not have to supply you with a copy of the agreement if the credit has been repaid.

Although I appreciate that in your case you do not appear to be disputing the existence of these debts, it may be helpful to explain that the failure of a creditor to produce a copy of the signed credit agreement is not, on its own, evidence that your debt does not exist or that it is not enforceable and should therefore not appear on your credit file. If the credit grantor can supply some other evidence of the agreement and you have no evidence to contradict this then it is likely to be proper for the debt to continue to be recorded on your credit reference file.

I hope this information is helpful to you.

I guess it is just a waste of time complaining!!

[cerberusalert]

You could respond by reminding them that they have not provided the SAR which is the ICO's responsibility.

[johno23]

Thanks Cerbs

I have sent another email highlighting that it is the ICO duty to investigato as the request was made under the data protection act and that Barclaycard have an obligation to also provide all information they hold on me including a signed credit agreement.

lets wait for their response will not be quick as last reply took three months.

[cerberusalert]

The ICO, TS, OFT & the FSA are being buried in complaints. Hopefully they'll start doing something.

[johno23]

Amazing the ICO now require the documentation i sent and prove of recorded delivery and they will investigate

[cerberusalert]

Amazing the ICO now require the documentation i sent and prove of recorded delivery and they will investigate

 

They must have realised they've dropped a bo**ock when you reminded them of their responsibilities.

[johno23]

All documentation sent and just shows how important it is to send all letters recorded delivery and to keep a note of reference numbers as if any one is making a complaint to the ICO they require all this as evidence.

 

Well let's hope they are taking the complaint more seriously and I get a result once and for all.

 

Many Thanks & fingers crossed!

[johno23]

Response from ICO

Thank you for your further correspondence dated 14 August 2009, regarding a request made to Barclaycard.

As I said in my correspondence dated 14 August 2009, if you have made a subject access request for information that falls within the subject access request provisions and you have not received this information, we can look into your complaint. However, it appears that you have received some information but you have not been provided with a copy of your credit agreement.

However, as explained in my correspondence dated 11 August 2009, not all information requested falls under the Data Protection Act (DPA), and a copy of a credit agreement does not come under the DPA, this comes under the Consumer Credit Act and to pursue this, you will need to complaint to the Office of Fair Trading. As I said in my previous correspondence, we can only look into information that falls under the DPA.

I am sorry we cannot be of assistance, in this instance but I hope this explains the situation.

Any advice as i thought if you made a request for information under the data protection act, that covers all information that they hold on you which includes a signed credit agreement.

Look forward to your response

[cerberusalert]

Well it seems as if you are going around in circles here. One last thing you can try is why you shouldnt use section 77/78 CCA 1974 if you want the signed agreement - The Consumer Forums

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/165349-smt37-morgan-stanley-goldfish.html

[johno23]

Thanks Cerbs

 

Am in not entitled under a SAR request, data protection entitled to receive all information they hold on me and if my request includes a signed credit agreement they are obliged to provide it.

 

Should I respond to the ICO informing them of this or give up with my complaint

 

thanks

[cerberusalert]

Yes you are entitled under the Data Protection Act to all information they hold about you whether it be in digital, electrical or paper format.

 

Personally I would be on the ico's back, but then I'm a grumpy old sod anyway.