Barclaycard/Mercers - CCA/Application Form

[robjam1969]

Hi all

 

Just god rid of Cohens (strike out) and time for a new battle with these lot. Balance about £400, had card for about 3 years. I have been ignoring Mercers for a couple of weeks and received letter from them Friday. Answered my mobile to them in error tonight!

 

Told the woman that I would be requesting CCA (she tried to convince me I wanted the application form). Told her that under CCA 1974 that I was entitled to a full copy of the original agreement. She said send to Barclaycard and she would diary for a week.

 

She did contradict herself by saying that they themselves should provide when i questioned her.

I plan on sending request to Mercers

 

Any thoughts out there?

[Fester Tester]

Barclaycard. Mercers. Same animal.

[the_shadow]

Theyre currently not sending out the application/agreements and instead just send a copy of the latest t&c's, this they say complies with their obligation under s78.

 

S.

[Fester Tester]

It only complies with their obligations if that's all they have to send. Which just means they have complied with the CCA request, but are stuffed when it comes to being able to enforce anything.

[angmarie]

Hi Shadow

 

I sent £1 P/O to B/Cd with letter requesting cca for my barclaycard and they cashed P/O but only sent me current T/C.

What shall I do now, send them account in dispute letter, deadline was 1st August 2009.

 

 

Ang

[the_shadow]

Hi Shadow

 

I sent £1 P/O to B/Cd with letter requesting cca for my barclaycard and they cashed P/O but only sent me current T/C.

What shall I do now, send them account in dispute letter, deadline was 1st August 2009.

 

 

Ang

 

Ok you have a couple of options...

 

Either issue a CPR 31.16 letter for the CCA and send to mercers, its likely they'll ignore but you never know.

 

Write back stating thats not enforceable and you'll not pay until they show the actual executed agreement. I'll look for a template letter thats used often on here......

 

S.

[the_shadow]

Ok this one would fit the bill...

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/582-possible-letter-when-a-questionable-agreementapplication-is-sent

 

 

But also this one (this is the one I'd send personally)...

 

Dear Sirs,

 

Account Number: XXX

 

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

 

I note that you have replied to the above by sending a copy of your companies current Terms and conditions I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act.

 

To clarify, just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement.

 

This breach of the agreement can be demonstrated as follows;

 

As you will know section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.” This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557.

 

Before leaving section 180 there are two other sections that should be remembered these are:

 

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

 

And more importantly

 

Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

 

You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations.

 

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

 

The regulations state:

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

 

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations.

 

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

 

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions.

It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

 

I hope this explains why your reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues

 

Yours faithfully

 

S.

[tosh1]

subbing

[rustydog]

Hi

When you sent original CCA request to Mercers, did you send it to the PO Box 55, Liverpool address?

 

I'm just about to send CCa off but the po box is the only address I have but I'm not sure whether it will get there???

[bigandyuk1]

Mercers will send you T&C's even if you do use CPR. They will then pass it to the next desk in the BC office (Calders) and then eventually will sell it to a DCA.

[robjam1969]

Hi Rusty

 

Yes that's the address I have used.

 

Big Andy - what is the final ouitcome usually on these, are they enforceable?

[rustydog]

Hi Rusty

 

Yes that's the address I have used.

 

Big Andy - what is the final ouitcome usually on these, are they enforceable?

 

Many thanks to you.

 

All the best!

[Fester Tester]

Hi Rusty

 

Yes that's the address I have used.

 

Big Andy - what is the final ouitcome usually on these, are they enforceable?

 

Barclaycard are famous for using application forms as if they were the real deal. So no, highly unlikely to be enforcable.

[pecky1]

Been there and done it with Barclaycard, all they could provide me with was an application form, went to court requested the original credit agreement which they could not produce only the application form, It was thrown out, so stick with it they have to prove they can enforce the debt and they will have to provide the correct documents to do so, which i doubt they can do. Just stick with it.

 

PECKY1

[robjam1969]

Thanks for the replies - more than happy to dig in for the fight on this.

[Fester Tester]

Be prepared to become a "customer" of Cabot though. Whare you can have even more fun.

[robjam1969]

Hi all

 

Well I have received a document titled 'These are the terms and conditions of an agreement between us" A second page is a photocoped terms and conditions document from 2005 (my card taken out in 2006).

 

Made the mistake of answering a Mercers call last weekend and told they do not have to supply a copy of the agreement as doesn't apply to credit cards. She put my account on hold for 7 days as I had received their 'CCA' the same day!

 

I have just sent the dispute letter.

 

Lets see what Mercers have to say.

[robjam1969]

Hi all

 

Two letters from BC this week. The first offering me 'free money' If I make payment of £43 they will credit account with additional £27 and one or two other cominations. I will ignore at present.

 

They have responded to my dispute letter with a 3 pager as to why they complied with my CCA request - seen it before on some of the other threads.

 

Wat is the next step? BC say they will continue with collection proceedures. Mercers have been ringing my mobile but I just ignore them.

 

Di I need to respond or just sit back and wait.

[robjam1969]

Hi All

 

I must be one of those rare ones that received a doorstep visit - from Scotcall of all people.

 

Anyway she parked in my spot just as I was coming down the road. I parked behind her and went in ignoring her. Not my fault she can't get out.

 

I did eventually open the door, took a brown envelope off her and told her I would read and be back out after I had considered the content. Fifteen minutes later opened the door and said in writing only as I don't conduct my business at the door. I did agree to move my car though. She had been there 40 minutes by this time.

 

Followed up with letter telling them the same.

[noomill060]

Any charges or PPI on this account? Have you SAR'd them?