Help, I'm Lost with these credit card Companies

[Charlick]

I have tried everything possible to get my agreement from these people, CPR31.16, CCA 1974 sECTIONS 77/78, Data Protection Act and so on and so on. But now I have come to a sudden holt. I had a court hearing on the 8th Sept 2009 for disclosure against BC but have today recieved a letter from their solicitors advising me that they have wriiten to the courts asking for a re schedule and a longer hearing time. They claim they are a change of solcitors and need more time to put a case together. In the meantime Barclaycard and Mercers ae constantly phoning me and texting my mobile at least 10 times per day. I have sent them letters advising them of the court hearing pending and also explaining that if they do not stop their constant harassment I will report them to the OFT under the oft guidlines 2.8k. they still persist that as far as they are concerned the account is not in dispute and they have the right to persue the debt. Can anyone help me please as it's now driving both my wife and I nutts. ?:?

[caro]

4 threads merged and moved to Legal Issues forum. Can you please provide more detail about the hearing. What were the Particulars of Claim, and has a defence been submitted?

[The GodMother]

Caro

 

The court case is one the OP has made against BC/mercers for disclosure under the CPR31.16.

 

There sols, lovell, have asked the court for more time to prepear and to extend the hearing time.

[Charlick]

Caro, I have submitted an order which I got off this site for disclosure, asking the district judge to order BC to send me a copy of my agreement containing my signature, unfortunately BC's solicitors have asked the courts to re schedule the hearing to allow them more time to prepare their case, that was two weeks ago and I have'nt had anything from the courts as yet. Lovels solicitors have not sent me anything in way of a defence. Mercers have agreed to stop phoning me until they recieve further notice from BC but they keep calling me threatening me with legal proceedings at least 6 times a day. What Can I do next as I have even made a written complaint to the OFT but this does not even deture them when I have informed them of that. Please Please Help

[Rhia]

Charlick, Barclaycard is a really difficult company to get these agreements from. From reading lots of threads on here I am of the opinion that they are taking this bullish approach as they don't have any proper agreements.

They can't let people know they don't have them as we all tell each other here and elsewhere and their liabilities would be enormous.

I am not exactly sure of what to do re this request for more time - my own view is they are just bluffing. Why don't you call the court? Explain you are a Litigant in Person and would like some advice on procedure. See what they say. Depending on what they advise I would be inclined to write to the court and state your objections to this.

 

All you have asked for is a copy of the original agreement which they are bound by law to supply.

 

What on earth is there to prepare a case for? Either they have it and can produce it or they don't and should pay you costs for wasting your time.

 

As for Mercers/BC's threats. Tell them to sue you if they believe they have a case. They would have to supply the agreement then.

 

Barclaycard is playing a high risk strategy and they know it.

[The GodMother]

i agree with rhia. they are playing games. they dont need to prepare for any type of case for longer as they have already had more than enough time to find the cca as it is.

[Charlick]

Thanks to both of you, that's what I was confused about and as it's now been two weeks without any replies from the courts I guess I will just have to turn up at court on the 8th Sept.

[The GodMother]

You could always call the courts and ask what is going on. Its normally the companys we advise not to call but as it is a court i dont see any type of issue. I regularly call the courts so there is not a problem there in my eyes.

[slick132]

My inclination would be to write a brief letter to court quoting your claim ref no.

 

Confirm that you have given BC adequate time to comply before going to court. For a business of their size and resources to need further time to prepare, makes no sense and you would prefer the case to proceed as soon as poss.

[Charlick]

Thanks slick132 i will do that tomorrow as they have had 5 months to sort out this request.

[caro]

They've had more than enough time. It's time they got their finger out.

[The GodMother]

Good idea slick but i was saying call the courts to see if they have actually recieved anything from BC before sending anything just in case they have not sent it. Another thought is u could always photo copy the letter they sent and advise the courts u are including a copy of what they sent for ease of referance.

[Charlick]

Hi Everyone, I have contacted the courts and as yet they have not recieved any letters from Lovells Solicitors. However Mercers said last week they have put off contacting me until after the court hearing but today I recieved a letter from them saying that If I did not pay the whole amount outstanding they may put the account in the hands of a local debt collector who will pay me a house visit. What should I do next as I am now fed up with all this nonsence and beginning to wish I had never started it all.

[Rhia]

Well if the court has not had any submission for a stay, there won't be one. Until you hear further your hearing will go ahead on September 8th. They are playing games with you I think so don't let them get to you.

 

I think I would write to the Court Manager and send a copy of the letter where they wrote to you asking for more time. Explain you are a Litigant in Person and not sure how to proceed but state that there is no genuine reason why they would need to delay the hearing and as such you object to any extension. You have made a simple request for them to supply the original copy of an executed agreement. Either they have it or they don't. Try that and then follow it up in a few days when the court will have had a copy.

 

As to the letters, just keep filing them and produce them for the judge if needed to show just how ridiculous Barclaycard is.

I think it is deliberate so people really do get brassed off and give it up.

 

I doubt they wills end anyone. If they do just show him the court papers he (or she) will soon go away again.

I also think it gets to a point where it's pointless replying to them so just leave it and let them stew.

Edited August 27, 2009 by Rhia

[The GodMother]

Well well well it sounds like they were bluffing.

 

I would do as Rhia says and prepare for ur case on 8th september untill u hear from the courts in writing anything differently.

 

Also write to the court manager as Rhia suggested and even ask for a copy of the complaint and court managers response to be put on file.

 

re the letters. just file and ignore if anybody does come to ur door u have a few options.

 

1) refuse to confirm anything with them. this includes ur name date of birth etc.

2) hand them a copy of the trespasses will be shot letter. will post this up in a bit for u.

3) If u feel u have to speak to them given them a copy of the court papers and say they are fully aware of the case and tell them u will be informing the courts of this.

4) say as a matter of security u are required to take id and a photo of everyone that comes to the door they are required to sign to say the id u have copied is theres and they are signing to say they illegally came on to ur premises as result they have to pay u £250 for trespassing also any company they work for also has to pay you £250. This is my favorite.

[slick132]

Hi Charlick,

 

See here for advice about Doorstep Visit - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit-

[Charlick]

Thanks Everyone for your advice, but I had a letter from the courts today and the hearing has been put back to the 11 November. I cannot believe that this has happened after speaking to the courts on the phone. I ffel as if the courts have favoured BC in this action. As for mercers I'm fedup of them as they persist on calling my home and mobile phone 3 to 4 times aday even after agreeing to put everything on hold until after the court hearing. I cannot understand what BC are doing. I'm taking them to court for disclosure I cannot understand why the Judge just did'nt order them to disclose, why has there have to be a court hearing, could someone explain this to me please.

[slick132]

Hi Charlick,

 

In a case like yours, the judge has to consider submissions from both sides.

 

Even if BC have not asked for a delay in proceedings, the judge may have ordered a hearing on the next available session - ie in November.

 

Personally, I don't think you'll do yourself any favours in complaining about the delay here.

[citizenB]

Thanks Everyone for your advice, but I had a letter from the courts today and the hearing has been put back to the 11 November. I cannot believe that this has happened after speaking to the courts on the phone. I ffel as if the courts have favoured BC in this action. As for mercers I'm fedup of them as they persist on calling my home and mobile phone 3 to 4 times aday even after agreeing to put everything on hold until after the court hearing. I cannot understand what BC are doing. I'm taking them to court for disclosure I cannot understand why the Judge just did'nt order them to disclose, why has there have to be a court hearing, could someone explain this to me please.

 

 

Send Mercers the following letter

 

http://www.consumerforums.com/resources/templates-library/52-harassment/133-formal-notice-of-telephone-recording

 

HTH

[Charlick]

Thanks again for all your help, can I claim back all the previous chargers from these credit cards even though I am going to court for disclosure.

[slick132]

Ohhh, YES !!

 

[Charlick]

Hi everyone need your help on this matter again, sorry. I had a visit from Mercers today. I live in a block of secure flats which has an outside door where you have to buzz the flat number and gain entrance once the flat owner has let you in. At around 10.30am this morning there was a knock at my door my wife thought it was one of our nabours so she opened it to find a man dressed in a shirt and tie standing there. He asked to speak to me but my wife informed him I was not in so he handed her a card asking me to call Mercers today or legal action will be taken against me. The card was from a company called Power 2 contact from crewe. When my wife asked how he obtained entree to our apartment through the secure doors he ignored her and replied tell your husband to call Mercers today and left.

I have sent the doorstep letter to mercers and every other letter I could get off this site but nothing seems to work, can you please advise on what to do next.

[Rhia]

Have you sent a copy of the court hearing documents to Mercer. You shouldn't need to have to as Barclaycard should have told them to stop their actions.

 

I would also write a letter to Barclaycards legal team in London and give notice that you will start proceedings against them if they do not stop this harrassment. You need a CAG expert to tell you what grounds etc.

Keep a log of what is happening. Frankly if he came knocking on my door I would show him the court papers and tell him if he wants to be up on harrassment charges he'll not call again and tell his paymasters to stop this action. I would also tot up all the charges with compounded contractual interest and have a spreadsheet ready for this man if he calls again. Get his name and address and give him a copy to take away and tell him you will pursue him for these charges plus costs and damages.

I can't beleive what is happening to you Charlick.

[Charlick]

Thanks Rhia, neither can I. I am having no luck at all with either BC or Vanquis. 1st credit are like Mercers they will not listen to anything, all they seem to dois harras people to the brink of despare. The oft and FOS are useless as well It just seems these people are used to dealing with rubbish Gov dept and take the p--- out of them constantly. I wish either BC or Vanquis card would take me to court but neither will, I don't know what to do next our lives are currently at an all time low and nobody seems to be able to do anything about the harrassment we get from these collection angencies.

[slick132]

Hi Charlick,

 

Do not worry about this caller - he came and left, because he can do no more than try and speak to you. Having made this contact, that may be the end of their attempts to call on you.

 

Read here so you're better prepared if someone calls again - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit- And ALWAYS refuse to do what they ask - ie speak to Mercers or to BC. Say No Thanks and close the door.

 

Letter to BC and/or Mercers to remind them this is now the subject of litigation so their collection attempts are a clear breach of the OFT debt Collection Guidelines.

 

I'd also make a formal complaint to the FOS, confirming the case number of the court case, reporting the action of Mercers/BC in continuing to attempt collection.