Rycord -v- Barclaycard

[Rycord]

Hi All,

 

Just watched Dispatches. Why didn't anyone say "just ignore the calls" ? There was also no mention of valid agreements etc? Maybe thats for another show.

 

Anyway, I'm in the same boat here, having had no agreement from them and now receiving calls from Mercers, which have so far been successfully avoided. I have read that BC will not produce agreement even if you SAR them so is there any point in doing that? I'm in Scotland so can't use CPR.

 

Also read something about Mercers being listed as a Dormant, Non Trading company. Could this be mentioned in a letter to them or will the standard "bemused" letter do the trick?

 

Thanks

R

[slick132]

Hi Rycord,

 

I've moved your post into your own BC thread to avoid hijacking.

 

I don't think the Dormant Co angle is a useful one to work with personally.

 

Ignoring the CCard Co's, when the refuse to produce credit agreements, is a good tactic but may end up with a Default Notice and a court claim against you.

 

But at least then they would HAVE to produce the agreement. And ofter they do not.

[Rycord]

Thanks Slick,

 

So in the meantime is a SAR to Barclaycard and a "bemused" to Mercers appropriate or do I just leave the ball in their court?

 

There is usually 1 or 2 attempted calls per day from Mercers.

 

R

[slick132]

I assume you have already sent BC a CCA request, and received the usual rubbish in response.

 

A SAR may be useful if there are any penalty charges on the a/c, which you can reclaim in full.

 

Send the "bemused" ltr to Mercers and remind them that all calls are now being recorded and logged with time and date for possible further action against them for pursuing while the a/c is In Dispute.

 

You could also incorporate the content of the phone harassment ltr but adapt ot so it all makes sense.

[Rycord]

Yes, you are right. I have received the same rubbish as everyone else in response to my CCA request.

 

Will send SAR and "bemused" and post back with any updates.

 

Should I make sure SAR specifies that I want a copy of agreement?

 

Thanks

R

[slick132]

You can specifically mention the Agreement.

 

The SAR should include this anyway, as you're entitled to sight of all documents and info they have for you.

 

They won't send it though.

[Rycord]

Hi All,

 

Slick, you were right, they did not send the agreement in response to my SAR. They have just sent a bunch of copy statements.

 

Any advice on my next move is much appreciated.

 

Thanks

R

[slick132]

Write back and tell them you're concerned that they've failed to include a copy of the credit agreement, to which you are entitled.

 

Give them 14 days to supply it. (They still won't but then you can complain to ICO or take court action for non-compliance under DP Act)

 

[Rycord]

Hiya,

 

Before I reply to them, I've just noticed that the letter with the statements says "The information we have enclosed relating to this account is all that we hold".

 

Should I ask them to confirm that they do not hold the agreement?

 

Thanks

R

[slick132]

Sure, you could say :-

 

I refer to your reply dated xxdate in response to my SAR of xxdate.

 

I note that you have not included a copy of the executed Credit Agreement which is an important document and one which you are obliged to supply along with all other data held about me.

 

Please send the agreement to me within 14 days, or confirm that you do not have this document.

 

If you fail to respond within 14 days, I will refer the matter to the ICO and may also take court action regarding your refusal to comply with the responsibilities placed upon you by the Data Protection Act.