Heard nothing from Barclaycard in ages any advice

[hippo11]

I have written to Bcard stating the account is unenforceable and for them to confirm this. They originally gave their usual TOB and stated it was even though they do not have or have failed to produce my signature on anything. So I wrote back stating that could not omit my signature and they clearly did not have it on the original document and thus the agreement is unenforceable.

This was 2 months ago and I have heard nothing since. They have stopped writing to me and so have Mercers, but I keep getting my monthly statement demanding payment (as I have stopped paying them).

Can anyone please advise me of what to do next. Thanks

[alex2258867]

Hi Hippo,

 

Same here, no agreement, told mercers to do one and haven't heard anything in approx 3 months.

 

I would advise just to wait and see what happens. They will crawl back from under their rock eventually...they have not gone away!

 

When you hear from the next DCA (and you will) just send account in dispute letter.

 

If you want to make doubly sure they don't have an agreement I suggest you read this link:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

Hope this helps

[Becca00]

I'm in a similar situation.Since last December Sharkleys have passed my account to Mercers, Calder and 2 Scottish DCA's who have all gone very quiet now. Have heard nothing for a couple of months. Perhaps they have been waiting for these test cases to be heard before they decide their next move...

[slick132]

Hi Hippo,

 

Did you originally send BC a formal CCA request.

 

Are there any unlawful penalty charges on the a/c.

 

Is there any mis-sold PPI on the a/c.

 

Both of these can be reclaimed.

[hippo11]

Hi

 

Yes I send a formal CCA request this was back in Feb, there is PPI on it and I have requsted that back but again heard nothing, and they continue to add default charges onto my account.

 

Any suggestions?

[slick132]

You should start a separate thread in the PPI forum to d/w this aspect of your case.

 

If you don't have all the a/c statements available, you should send off a SAR request under the Data Prot'n Act. See the Bank Library Teplates for the letter to send with the £10 fee.

 

You can reclaim ALL default charges, plus big interest if you're up for a fight.

[Beck1968]

don't worry barclayshark will be sending Debt Managment (DM on the phone) or Credit Solutions soon, that's what they did with me

 

still waiting for my agreements in spite of the numerous monthly reminders i send them :lol:

 

Mexican stand-off......counting down to statute barred

[hippo11]

Thanks, I keep sending them reminders that I have not yet received the signed agreement from them but still nothing.

 

Got a letter re the PPI stating they were looking into it and my complaint would be passed to Bcard, its the same letter I got from them 3 months ago.

 

So going to start pulling hair out soon with them. Tried to call them but get no where told will send copy of signed agreement out by 1st class post but it never comes.

 

Would love to wait till it became statute barred but that is 6 years! Only took agreement out in 2007.

[slick132]

When in 2007 ?

 

[hippo11]

Nov 2007, heard from them with my PPI claim they will refund but I requested it in cheque form but they have refunded it to my account can i do anything about that?

[slick132]

Hi Hippo,

 

As the a/c was opened in Nov'r 2007, there is a greater chance of the credit agreement being enforceable due to changes in legislation.

 

If you reclaimed the PPI through court proceedings, you would have the option to continue your action until they repaid you direct.

 

However, if the refund was agreed by negotiation and NO court action, I'm not sure what you can do about this now.

 

I suggest you pursue the issue of non-production of the credit agreement via the FOS, to see if they can get the agreement from BC. There have been recent successes with this strategy recently, although it may take a while.

 

Re penalty charges, do you have all your statements yet. If not, have you sent off the SAR.

[hippo11]

Yes I have all my statments. - How do I apply to the FOS? sorry feeling really out of my depth here.

 

I agreed the PPI settlement and requested they paid it by way of cheque but they ignored this and have refunded my account can they do this?

 

thanks for all your help x

[rebel11]

our complaints procedure and how to complain

[hippo11]

thank you x

[slick132]

Hi Hippo,

 

can they do this?

It's not so much can they do it (because they already have) but can YOU do anything about it.

 

Please try posting this question in the PPI forum - they may have a better idea in there.