Barclaycard CCA - advice on next move please

[vint1954]

Welcome back Vint! - thanks to you as well Slick - just got of the phone to the FOS notifying them of th "final" letter from BC and that Mercers are "doorstepping" Monday - they said send updated letters and i will now move forward. " There absolutely nothig that can stop them from pursuing. This keybopard is drivig me nuts!!

I was only gone for part of yesterday. My wife insisted that I spent some time with her:rolleyes:

 

Did the FOS say that there was nothing that can stop them from persuing?

 

As far as the keyboard goes, a bad workman always blames his tools8eb4$£££*&%^£

[slick132]

Re keyboard problems, it's probably full up with bikkies, crumbs, etc !!

 

Take keyboard outside (on Monday), turn upside down and bang sharply several times on a solid object (Mercers doorstep rep).

 

Thank Mercers rep, close door and reconnect keyboard - thn sse if is't all fixxxed nad worknig praporlyy.

 

[vint1954]

Re keyboard problems, it's probably full up with bikkies, crumbs, etc !!

 

Take keyboard outside (on Monday), turn upside down and bang sharply several times on a solid object (Mercers doorstep rep).

 

Thank Mercers rep, close door and reconnect keyboard - thn sse if is't all fixxxed nad worknig praporlyy.

 

You can also try putting in the diswasher. I did and it does not seem to have done it any harmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm

[blueotter]

Absolutely, you will need to be prepared to follow it through

 

Am i right in thinking that the object here is to get the lender to formally produce the original cca in court ?

If so has anybody gone down this route yet ?

Just wondering if a precedent has been set and if the lender has been required to produce the said agreement and its been shown to be defective and non enforceable then presumably it will apply to ALL cca's of that particular type.

[vint1954]

The object of CPR31.16 is to get the lender to produce the agreement before court action.

 

They do not follow the rules, so you will need to take them to court to produce.

 

Several things to bear in mind. They may actually find the agreement in response to a court directive and if it is enforcable, game over. Alternative is to hope in the normal course of events, by the time it comes to court, whoever owns the debt cannot produce a CCA.

 

There are several threads on here

[vint1954]

2nd link in slick's signature.

[slick132]

Hi Otter,

 

A lender is obliged to produce the agreement if they want to enforce a debt through court. But, as Vint says, the CPR strategy is about getting sight of the agreement, to assess if the a/c is enforceable or not.

 

This is worth reading. Stick with it regardless of there being 300+ posts - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/165349-smt37-morgan-stanley-goldfish.html

[LB145]

Hi All - sorry haven't updated been mad crazy busy - and still a mountain of paperwork!

 

Monday arrived and Mercer's never - I did put a big sign on the back of the front Door "DO NOT OPEN!!!" - to remind me that there could be nasties! - much to the amusement of my teens and any other vistors that day!!!

 

No response to my letter to the CEO of Barclays.

 

Currently photocopying rather large file for FOS and wait there response. Still getting phonecalls, texts from Mercers - not answering - screen checking number.

[angel_1]

hiya LB145

 

ive read your thread wow,,,, its reawakend my battle with bcard too

 

so am subbing to follow the fab advice given to you

 

so good luck keep positive

 

just wanted to ask you have complained to fos now and have i got it right you are hoping they will get bcard to send your cca to you?

 

anyway have a fun and sunny day laters angelx

 

[LB145]

hiya LB145

 

ive read your thread wow,,,, its reawakend my battle with bcard too

 

so am subbing to follow the fab advice given to you

 

so good luck keep positive

 

just wanted to ask you have complained to fos now and have i got it right you are hoping they will get bcard to send your cca to you?

 

anyway have a fun and sunny day laters angelx

 

Hi Angel - yes I have made formal complaint and had a Final response from BC - so Huge pile of photocopying is headed their way (sorry environment) - yes I want a copy of the signed CCA if they have it!!!

 

What stage are you at (reawakening )? When the finanaical mess your in seems so huge its good to hear your not the only dope!

[vint1954]

Hi Angel - yes I have made formal complaint and had a Final response from BC - so Huge pile of photocopying is headed their way (sorry environment) - yes I want a copy of the signed CCA if they have it!!!

 

I rather like global warming;)

 

What stage are you at (reawakening )? When the finanaical mess your in seems so huge its good to hear your not the only dope!

Not dope LB, just swamped like many.

 

Read back to your first post and see haow far forward you are now personnaly

[angel_1]

Wow LB - you have certainly come a long way from your first post well done!

 

hello vint by the way will try and catch up with you on one of your threads

 

keep positve and thanks for replying lb, anyway you did read the teletext that barclays were the most complained bank with FOS didnt you?

 

a few more complaints then

 

laters angel x

[LB145]

Received a letter from BC "Angela Posthill, Senior Customer Relations Manager, Directors Office" - regarding letter addressed to Mr Varley (CEO of BC) and that my complaint has been passed to the Directors Office - and they will investigate etc.

 

Still receiving calls from Mercers - just ignoring them!

[LB145]

Update - sorry to anyone following this thread - have had a couple of real hectic weeks - good from a work point of view but not enough hours in the day to do everything - and the money is allocated before it even arrives on the mat!

 

Received a letter from Angela (BC) regarding letter to CEO saying the same that "BC have made their final decision and they are sticking with it - account on hold for 28 days to consider my options and to come to a suitable repayment agreement" - it would suit me if the balance was showing £0 - in the hands of the FOC.

 

Mercers up to last Friday still constantly ringing and texting - also sent a leter to say that a Local Debt Collector will be calling in the next couple of days!

[slick132]

Hi LB,

 

I assume it's with the FOS but no results yet ?

 

Edited October 13, 2009 by slick132
typo

[LB145]

yes with the FOS

[LB145]

The man from the FOS has made contact with me - rather strangely he rang, gave his name and would not say what company he was from - I would not identify myself because I did not know who he was, when I rang back his answerphone message just gave his name - a week later I received a leter fromthe FOS and ther was the name again - I immediately called him and he realised that he had left a rather anonymous message and that I probably would not cal as I was probably receiving lots of chaser calls! - He is my case adjudicator and he has given Barclaycard two weks to suply the documents - he was rather surprised that they had not even sent a copy of an application form! Despite this I am now receiving cals from Calder Finance on behalf of BC - have told them and also sent leter notifying them of account in dispute!

 

The man at FOS has said that companies will continue to call me chasing the debt as I had stopped payments and should seek legal advice as even if they say that BC are in the wrong they cannot determine whether an account is not enforceable and it will still need to go before a judge.

[the_shadow]

The man from the FOS has made contact with me - rather strangely he rang, gave his name and would not say what company he was from - I would not identify myself because I did not know who he was, when I rang back his answerphone message just gave his name - a week later I received a leter fromthe FOS and ther was the name again - I immediately called him and he realised that he had left a rather anonymous message and that I probably would not cal as I was probably receiving lots of chaser calls! - He is my case adjudicator and he has given Barclaycard two weks to suply the documents - he was rather surprised that they had not even sent a copy of an application form! Despite this I am now receiving cals from Calder Finance on behalf of BC - have told them and also sent leter notifying them of account in dispute!

 

The man at FOS has said that companies will continue to call me chasing the debt as I had stopped payments and should seek legal advice as even if they say that BC are in the wrong they cannot determine whether an account is not enforceable and it will still need to go before a judge.

 

All sounds a bit cloak and dagger from the FOS side

 

Yes he is correct... only a judge can truly say whether an agreement or even a lack of agreement is unenforceable. The main thing is FOS have instructed Sharkleys to produce the application for you to look at.

 

...and he's also right that they will continue to phone/harrass. Put yourself in ignore mode and just refuse to answer any security questions etc etc.

 

S.

[slick132]

Hi LB,

 

I think the FOS should tell BC, Merders, Calders, etc to back off until the document is produced.

 

I absolutely agree that it is not for the FOS to say if an agreement is enforceable or not. But, until the agreemnt is produced, BC are in default of your CCA request.

 

Even if BC say they are NOT in default, the a/c is still clearly in dispute and collection activity should be put on hold in accordance with the OFT Debt Collection Guidelines.

 

If the FOS require a response from BC as you say above, then the FOS should insist that BC and their cronies withhold collection activity.

 

Just my thoughts.

Edited November 13, 2009 by slick132
typo

[LB145]

obviously i have not been answering calder financial so a letter arrives today telling me I must pay the full amount in 7 days letter dated 9/11/09 -in very small print Mercers debt collectors trading as calder financial - and mercers are barclays in house collectors!!!!

[LB145]

Sent letters to Calder Fianncial in response, also letter to BC CEO again informing him that despite my previous correspondence to him I am now in receipt of a letter from Calder Financial who trade under the name of Mercers Debt Collections who are Barclays in-house debt collectors - and who still have not sent any true signed copy of my CCA and that as they are well aware this is an official complaint being dealt with the FOS and is at Adjudicator stage!

[citizenB]

Did you let Calders have the reference number the FOS gave you ?.

 

If you get any more of these.. just write back and say.

 

Dear Sirs,

 

Account No:

 

Financial Ombudsman Reference :

 

I am surprised that you have been asked to pursue this matter as it is subject to an investigation by the Financial Ombudsman reference number as above. Your client is well aware of this.

 

I will be passing your letter dated XXX XXX XXX and any future correspondence from you, to the FOS for inclusion in this investigation.

 

Yours etc.

 

 

 

[LB145]

Thanks Citizen for your input, all help much appreciated!

 

Received a letter yesterday from BC dated 30th November 2009 - I will type thecontent as its quicker than blanking and uploading!

 

"Re: Section 78 of The Credit Consumer Act 1974

I write further to your recent letter alleging that we have failed to comply with our obligations in relation to your request for documents pursuant to Section 78 of the Consumer Credit Act.

 

Please note that we have already set out, in detaill, why we are satisfied that the documents already provided to you have discharged our obligations under the Act. We are under no legal obligation to provide any further documentsation to you in this regard. "

[Chickenlicken]

Pretty standard, I've had that several times

[slick132]

Hi LB,

 

You should send the FOS a copy of BC's reply.

 

Tell them it is clear BC will not give you any further response and you would now like the FOS to intervene and get BC to produce a copy of your credit agreement, to which you're entitled.