Barclaycard/Mercers shambles

[george96]

I'm new to this site so try to be patient if I seem a bit dim!

 

I was made redundant a few months ago and contacted the Consumer Credit Counselling Service for debt management advice. They gave me template letters to send all of my unsecured creditors all of whom have accepted the terms offered except Barclaycard.

 

I have 2 Barclaycards -one origionally was from Morgan Stanley -which have now passed to Mercers. After numerous phone calls I eventually received a letter from mercers accepting the repayment plan for one of my cards and a separate letter stating that they are taking further action on the other card.

 

I phoned Mercers and was told that the first letter was a mistake and the plan is not acceptable for both accounts. The firm is a complete shambles.

 

I am now thinking that I should see if the CCa's are unenforcable. Is there a standard letter I could send? Do I send it to Mercers, Barclaycard or both?

 

I've been reading posts here for the last 3 hours but am still confused!

 

Many thanks

[cerberusalert]

Send http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter to Mercers recorded delivery including a £1 postal order & do not sign the request.

 

It would be worthwhile sending it to all your creditors (except overdrafts) to see whether all the agreements are indeed enforceable.

[george96]

Thanks. Will do. From the experience of most on this site I don't expect to get anything resembling the origional. But it's a start.

[MARTIN3030]

Welcome to the site-will move your thread.

[george96]

CCA request letters sent.

 

I also sent a letter asking that all future communication be in writing and that I will not respond to any other form. i.e. telephone text etc. However I am still getting phone calls and threatening texts.

 

The Mercers half wit who called me also claims that credit cards do not require a CCA!

 

Clearly I will not get a copy of the origional CCA. So what is the next step?

[cerberusalert]

If they do not supply the CCA within 12 working days of receiving your request you can send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[Bazooka Boo]

I also sent a letter asking that all future communication be in writing and that I will not respond to any other form. i.e. telephone text etc. However I am still getting phone calls and threatening texts.

 

Make a complaint to Ofcom Ofcom

And get a copy of Sharklaycards complaints procedure and use it to it's entirety, also consider reporting them to the Police (not 999) for their continued harassment and threats.

 

I would also consider making a complaint to the OFT The Office of Fair Trading: Contact us

[george96]

Thank you Cerberus and bazooka. I'll be taking both courses reccommended.

[george96]

I've now received a letter from Calder financial as well as phone calls. I need to send an account in dispute letter as 12+2 is up, but don't know if I should send to Mercers (where the CCA request was sent) or to Calders.

[cerberusalert]

Send it to whoever is pursuing you now for money. With regard to the 'phone calls send this;

 

Dear Sir or Madam

 

Harassment by telephone

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only. [if you Want Them to]

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

Yours faithfully, **Print name do not sign**

[george96]

12+2 is up and I have received nothing from BC/Mercers not even T&C's. I have sent the follow up letter. What do i do now?

[IdaInFife]

nothing. let us know if they send anything

 

ida x

[cerberusalert]

12+2 is up and I have received nothing from BC/Mercers not even T&C's. I have sent the follow up letter. What do i do now?

 

You can now legally withold any payment until they provide an enforceable agreement.

[george96]

I've now received the T&C's from BC. with a covering letter stating that

"a copy of your current Credit Agreement will be sent under separate cover" and that they have completed their obligation to me. No signed CCA.

[Bazooka Boo]

I've now received the T&C's from BC. with a covering letter stating that

"a copy of your current Credit Agreement will be sent under separate cover" and that they have completed their obligation to me. No signed CCA.

 

Fantastic evidence for court, shooting themselves in the foot!

 

Wait and see what else they might send, account is still in dispute, pay them nowt, up and until they can provide proof of an enforceabe CCA..

[george96]

Have just received a letter from Barclaycard which is a mixture of responses to 2 seperate letters. One was a letter about harrassment by phone, the other a request for a copy of CCA.

 

Barclaycard mention something about minimum payments and that my offer of £5.00 per month is unacceptable (I have never offered £5.00 per month)

 

The letter also says:

"Barclaycard's legal requirement under section 78 of the consumer credit act is to provide your with a copy of your executed agreement along with a statement of your account. This information was provided on the 24th Sept 2009 for both accounts. Therefore we have fulfilled our legal requirements under section 78 and will continue to pursue you for this debt until a suitable agreement has been reached."

 

It then goes on to say I can complain to the financial ombudsman etc. etc.

 

1. All I have received is a copy of T&C's. No statement.

 

What next?

[george96]

I've now received a letter from a company called Debt Managers ltd. which states:

 

"Barclaycard has informed us that you have not complied with the default notice recently sent to you. The balance ststed above is now due in full and Barclaycard demands that you pay this amount immediately.

 

Statements will no longer be sent to you and interest will be charged on the oustanding balance at 1% per month.

 

It is Barclaycards policy to pass information on to licensed Credit Reference Agencies when we send you a formal Demand and you donot repay the amount asked for. This may affect your ability to get credit from other lenders..."

 

Should I send a copy of the account in dispute leter to them.

[vic synex]

I sent a CCA request to Debt Managers for my BC account, they sent a letter within a week to say they'd returned it to BC and no further action would be taken.

 

Gutless bottom feeders, I expected a bit more of a fight

[cerberusalert]

Yes send the 'In Dispute' letter.

 

Did you receive a default notice, if so can you post it up after removing identifying details?

[george96]

I have tried to post a scan of the letter I received from BC but can't seem to manage it. I've looked in FAQ's but I'm still clueless. Am I being really dim? How do I insert a scan?

 

Also I don't think I've received a default notice!

[willtheywontthey]

Also had two letters from Mercers - t+Cs but no credit agreement or even one of Barclaycards reconstructions. Not heard anything for 2+ weeks except for statement. No DN as far as I know either. Subbing therefore.

[Bazooka Boo]

Ok Mercers ARE Sharklay card!

 

George, have you tried Photobucket or Tinypic just log into either one create an account, scan your docs using either, then you will have a series of codes that you can link or attach to your post..