Jump to content


Barclaycard Mercers and Power2Connect Help Urgently Needed


MurphyW
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3669 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi,

Firstly, thanks for a great forum and information site.

I've been reading loads and have got to the point of having sent a request letter and £1 to get my CCA from Barclays for a Visa card that I've had for ages.

They've done their usual and sent a letter but no signed agreement with a set of terms and conditions with a date of 10/08 on the bottom corner. The time period of 12 + 2 days has expired.

Could someone please confirm that this is non-compliance with the request and that they are now in default. Should I send a second letter to request that they supply the correct information within a further 12 days?

I am currently paying them a nominal £1 a month as that is all I can afford but they will not accept this amount.

I've attached scans of the letter and both sides of the terms & conditions sheet that they sent.

I hope that you can read them.

If not I'll have to try to get a clearer / larger copy if possible.

Thank you for any help that you can give.

Murph.

scan0001.jpg

scan0002.jpg

scan0003.jpg

Link to post
Share on other sites

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

Link to post
Share on other sites

This is the piece of legislation you need to know of.....

 

Consumer Credit (Prescribed Periods for Giving Information) Regulations

1983 (SI 1983/1569)

2 Prescribed period

The period of 12 working days is hereby prescribed for the purposes of each provision of the Act specified in Column 1

of the Schedule to these Regulations relating to the duty indicated in Column 2 in relation to regulated agreements

 

 

SCHEDULE

SECTIONS OF THE ACT IN RESPECT OF WHICH A PERIOD OF 12 WORKING DAYS IS PRESCRIBED RELATING TO DUTIES IN

RELATION TO REGULATED AGREEMENTS

Regulation 2

Section of the

Act

Duty

(1) (2)

77(1) Duty to give information to debtor under fixed-sum credit agreement.

78(1) Duty to give information to debtor under running-account credit agreement.

79(1) Duty to give information to hirer under consumer hire agreement.

and section 78 for running credit

 

 

78.

Duty to give information to debtor under running-account credit agreement.

— (1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1 £1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)

the state of the account, and

 

(b)

the amount, if any currently payable under the agreement by the debtor to the creditor, and

 

©

the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

 

(2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)©, he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

 

(3) Subsection (1) does not apply to—

(a)

an agreement under which no sum is, or will or may become, payable by the debtor, or

 

(b)

a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

 

 

(4) Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents—

(a)

showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and

 

(b)

where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.

 

 

(5) A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.

 

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a)

he is not entitled, while the default continues, to enforce the agreement

 

(7) This section does not apply to a non-commercial agreement, and subsections (4) and (5) do not apply to a small agreement

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

Link to post
Share on other sites

Link to post
Share on other sites

  • 3 weeks later...

Hi again,

The dear people at Barclaycard have now disputed whether they need to provide the full CCA under the terms of section 78 of the Consumer Credit Act 1974.

A copy of their reply attached.

http://i668.photobucket.com/albums/vv46/MurphyW_2009/BCV2/BCVCCAREPLY2a.jpg

http://i668.photobucket.com/albums/vv46/MurphyW_2009/BCV2/BCVCCAReply2b.jpg

http://i668.photobucket.com/albums/vv46/MurphyW_2009/BCV2/BCVCCAReply2c.jpg

Please would someone advise if I should now pursue this by the SAR Route or CPS.

I've also received chasing letters from Mercers and Power2Contact threatening visits to my home.

Hope someone can shed some clear light on the next move please

Thanx

Murph

 

Hi there,

This is a follow on from my CCA thread but need to find the best way of dealing with these DCA's urgently as Power2Connect have given me 72hrs to contact Mercers regarding outstanding account.

The letters received are: -

Mercers (2pages):

http://i668.photobucket.com/albums/vv46/MurphyW_2009/BCV2/BCVMerc1A.jpg

http://i668.photobucket.com/albums/vv46/MurphyW_2009/BCV2/BCVMerc1B.jpg

 

Subsequent letter from Mercers:

http://i668.photobucket.com/albums/vv46/MurphyW_2009/BCV2/BCVMerc2A.jpg

 

Power2Connect are likely to turn up if what others have said about them is true. I presume that i need to send each of them the "Do not contact me as trespassing, no permission to call etc." letter.

The response may depend upon Barclaycard not providing a true copy of an original signed CCA with all the terms. Not sure where I stand on this at the moment.

 

Power2Connect Letter here:

http://i668.photobucket.com/albums/vv46/MurphyW_2009/BCV2/BCVP2C1.jpg

 

Any help and guidance will be gratefully received.

Thanx

Murph

Link to post
Share on other sites

Yes send them the 'do not darken my doorstep' letter. If you have sent the 'in dispute' letter make a complaint to TSs through Consumer Direct & also the OFT.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Link to post
Share on other sites

Murphy, i have recived exactly the same reply from Barcalys as you, i shall be sending the in dispute letter Monday & also expressing disspointment in why they will not send documents requested along with a £10 postal order for a full SAR.

Link to post
Share on other sites

Hi Riz,

I've sent don't call / visit contact me letters to Mercer and 2Contact.

Thanks for your reply.

Will have to follow up the next stage with Barcs then!!

Yours

Murph

Link to post
Share on other sites

Hi MurphyW,

 

Is the default notice valid... you've blanked out the remedy date so I cant see if 14 days were allowed AFTER the service period (2 WORKING days by 1st class, 4 WORKING days by all other methods).

 

One thing I will say tho is that Barclays as the original creditor need to have their name and address on that piece of paper.... I cant see it, can you :-D

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

Link to post
Share on other sites

MurphyW I've replied on your other thread re: the default notice... you need to keep the thread together so people can see whats happened and what actions/advice have been performed/given.

 

It all gets a tad confusing otherwise.

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

Link to post
Share on other sites

dear mr xxxxxxxxxxxx

 

 

 

here is the current terms and conditions of my agreement with you

 

 

you will bend down and kiss my A**e three times a day for the next 5 years

 

you agreed 5 years ago in a contract which i cant be bothered to prove you signed/haven' t got anymore to allow me to change the original terms so that i can ask you to do this now

 

i am really confident that a court wil agree with me that this is all i am required to do

 

yeah right!

Link to post
Share on other sites

Barclays dont usually send out agreements via SAR's either. You'll have to consider either a complaint to the FOS re:failure to provide CCA (Slllooooowwwwww) or the CPR (21 days letter 1 + 21days letter2 + court)

 

Another CAGGER has had success getting his agreement via the CPR method.

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

Link to post
Share on other sites

why would they not send out agreements via a SAR? Do they not have to send everything they have on you?

 

they should but they dont and the ICO dont seem to be too bothered about it either.

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

Link to post
Share on other sites

so if they took you to court, and you had previously requested a copy of the CCA & sent a SAR in which both they declined to send the requested CCA then on court day produced one what would happen?

Link to post
Share on other sites

so if they took you to court, and you had previously requested a copy of the CCA & sent a SAR in which both they declined to send the requested CCA then on court day produced one what would happen?

 

well for starters I suspect they'd find it very hard to get any costs out of you provided you had a full audit trail of your requesthey.

 

secondly i don't think they'd get off the the best possible start with the judge

Link to post
Share on other sites

Hi MurphyW,

 

Is the default notice valid... you've blanked out the remedy date so I cant see if 14 days were allowed AFTER the service period (2 WORKING days by 1st class, 4 WORKING days by all other methods).

 

One thing I will say tho is that Barclays as the original creditor need to have their name and address on that piece of paper.... I cant see it, can you :-D

 

S.

 

you need to show us the date of the letter and the comply by date

 

also until barclays tell you someone is acting on their behalf you can assume they dont!

Link to post
Share on other sites

Hi Guys,

Thanks for all your replies.

I'll try to keep the thread on track with any further posts for continuity.

 

I'll progress down the CPR route and let you know how I get on.

Rainbow, was your agreement enforceable when you finally got it from Barclaycard?

Have you gone any further with it yet?

Sent letters to Mercers today and P2C to stop harassing me!!

Fat chance of that happening I suspect but you've got to do it!! ;)

Diddy I like your sarcasm. Makes life a little lighter eh!

See you soon.

More to come yet...

Murph

Link to post
Share on other sites

Hi Guys,

Thanks for all your replies.

I'll try to keep the thread on track with any further posts for continuity.

 

I'll progress down the CPR route and let you know how I get on.

Rainbow, was your agreement enforceable when you finally got it from Barclaycard?

Have you gone any further with it yet?

Sent letters to Mercers today and P2C to stop harassing me!!

Fat chance of that happening I suspect but you've got to do it!! ;)

Diddy I like your sarcasm. Makes life a little lighter eh!

See you soon.

More to come yet...

Murph

 

more using humour to demonstrate the point than sarcasm!!

Link to post
Share on other sites

Hi DD & Shadow,

To clarify:

Initial CCA request & £1 fee dated 12/05/09 delivered 14/05/09

BC responded with T&C's 20/05/09

Sent nominal payment to BC as my initial requested value 01/06/09

Sent 2nd CCA letter "Account in Dispute" "Thank you for your letter of 20/05/09 ...you have failed to respond to my legal request original copy of CCA etc" dated 03/06/09 stating that account entered default on 28/05/09 (12+2days after initial request)

Letter from Mercers dated 04/06/09 A/c + Balance + Amount Due £xxx to reach Barclaycard before 21 june 2009 received by me on 09/06/09

 

Would it be better to get this all in the one thread re Barclays CCa?

Yours

Murph

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...