Mercers/Barclaycard

[slick132]

Re threat of home visit, see here - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit-

 

[slick132]

To avoid hijack of this thread, various posts have now been moved to - http://www.consumeractiongroup.co.uk/forum/barclaycard/238774-bc-general-discussion-re.html

[militantconsumer]

Subbing

[tony3x]

Current status:

Card 1 - reply from FOS asking me to complete complaint form and return.

 

Card 2 - reply from FOS asking me to complete complaint form and return. Also received a letter from Calders offering a 'settlement opportunity' - dated 22/12 giving me 5 days to call them, arrived 30/12!!

 

Card 3 - reply from FOS asking me to complete complaint form if unsatisfactory response received from BC. Final response received, now to return the complaint form.

 

A couple of questions.

1) Does the fact that Calders have offered a settlement mean that they feel that enforceable court action is unlikely and should I reply to them and ask for the details in writing.

2) Does the recent ruling in Manchester relating to reconstituted agreements now have a bearing on anything.

 

thanks

[slick132]

Hi Tony,

 

1. The offer may be a Red Herring and unconnected with your current actions. They often offer settlements but I think they do this to simply initiate or maintain phone contact. Either ignore their letter or confirm that the case is under investigation by the FOS under Ref. No. xxxxx and any further contact from them will be reported as a breach of the OFT Debt Collection Guidelines.

 

2. I haven't read up enough on this yet to offer valid opinion. If you want to read the case summary - Carey v HSBC Bank Plc [2009] EWHC 3417 (QB) (23 December 2009)

 

Debate on the matter is also here - http://www.consumeractiongroup.co.uk/forum/legal-issues/216538-claim-stayed-due-unenforceable.html

 

Good luck, and please let me know !!

Edited January 8, 2010 by slick132
typo

[tony3x]

Sorry for the delay in replying but only just got the opportunity to get the complaint forms sent.

 

Current status:

 

Card 1 - Complaint form sent to FOS.

 

Card 2 - Complaint form sent to FOS

 

Card 3 - Final response from BC so complaint form sent to FOS. Also another letter from Calders saying that they have instructed a local debt collector to visit me. Should I write to Calders to inform them that I have an ongoing complaint with the FOS and also the letter refusing permission for anyone to visit my house.

 

thanks

[slick132]

Hi Tony,

 

Drop Calders a line after reading this - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit- Mention that the FOS are currently investigating , so their continued collection activity is a breach of the OFT Debt Collection Guidelines, so will be reported.

 

Whether they pay any attention is anyone's guess but, if it is Power2Contact that visit, they are v harmless and go away when asked.

 

[tony3x]

Thanks Slick,

I had already looked at the templates and have drafted a letter saying pretty much what you have suggested.

 

Just to update:

 

No reply from FOS yet but phone calls from Calders are now pretty much non existent. On my complaint form where it asked what action can be done to put things right I have asked for a true copy of the executed and enforceable credit agreement or for BC to confirm that one does not exist.

 

Fingers Crossed!

 

Quick update:

 

3 letters (1 for each acct) from FOS confirming back log.

 

2 further letters received stating that BC have had 8 weeks to issue a final response but have not so are being given another 14 days.

 

3rd account has received final response.

 

Still keeping fingers crossed.

 

Received a copy of the CCA for one of the accts. Advice please.

 

Now moved to Tony v Morgan Stanley DW thread.

 

now moved to Tony v Goldfish thread in BC forum.

 

Re the letter to Calders about the home visit, I received the following from BC:

 

[bradfordlad]

subbing

[slick132]

Hi Tony,

 

This thread should only be used to discuss one account - otherwise it'll get confusing.

 

In post #3, I said this thread should be used for the BC a/c. But there are 2 aren't there, so use this thread for one and start a new one headed Tony BC 2 a/c or summat.

 

Is the MSDW agreement above for a 3rd a/c ? If so, please confirm and I'll move it to another new thread.

 

[tony3x]

There are 3 BC accts.

 

1 always BC

1 originally Goldfish

1 originally MSDW

 

Can you start a thread for the MSDW maybe as BC ex MSDW.

I will work out which one is ex Goldfish and maybe you can do the same for that.

 

thanks

[tony3x]

There are 3 BC accts.

 

1 always BC

1 originally Goldfish

1 originally MSDW

 

Can you start a thread for the MSDW maybe as BC ex MSDW.

I will work out which one is ex Goldfish and maybe you can do the same for that.

 

thanks

Edited February 6, 2010 by slick132

[tony3x]

There are 3 BC accts.

 

1 always BC

1 originally Goldfish

1 originally MSDW

 

Can you start a thread for the MSDW maybe as BC ex MSDW.

I will work out which one is ex Goldfish and maybe you can do the same for that.

 

thanks

Edited February 6, 2010 by slick132

[slick132]

MSDW thread ready to go.

 

[slick132]

Hi Tony,

 

Goldfish thread ready for use.

 

[slick132]

Hi Tony,

 

I've started 2 new threads as asked.

 

You can do this for any other thread by hitting the NEW THREAD button in the appropriate forum.

 

[tony3x]

Received this from BC who now own the acc. Does not look right to me but some advice would be appreciated.

 

 

[tony3x]

Received what they consider to be the executed credit agreement as below. I can't believe they think that this will suffice. Where now?

 

[slick132]

Account in dispute letter.

 

Then complaint to the FOS when you have BC's Final Response.

 

[the_shadow]

What was this in response to? s78 or sar?

 

As was pointed out to me on my agreement, what happened to numbers 5,6,7 and whats the white square over number 4.

 

If that is the front and back of an agreement then if they can explain away the paragraph above it is enforceable imvho.

 

 

S.

[slick132]

Hi Tony,

 

Did you receive this after intervention from the FOS ?

 

Have you read through the credit agreement guide at Link No5 in my signature.

 

Could you say if you think the 2 items above are the front and back of one document, or not.

 

Edited February 10, 2010 by slick132
typo

[tony3x]

I received this only after intervention by the FOS.

 

I have found the copy I made when I applied for the card and can confirm that the area under 4 that has been blanked out was password, other cardholder and balance transfers. I did not blank this out on the copy sent by BC it was done by them.

 

Not sure if it is one document as I only have a copy of the front page of the original application.

[tony3x]

This was sent to me after the FOS contacted them. I may have to write back and ask what card it refers to as they have not put a number as a reference. If it is, as I suspect, the G/fish card they can't possibly be anything to do with it.

[gazab41]

HI Tony but I do not see this as being enforcable imho the reasoning as I see it it would appear to be an application or should i say preapplication as in section 12 they talk about credit scoring and supplying you a standard card if a gold card not appropriate also it does not show full terms and conditions only some and states you would need to look at card terms and condions for full info I am lead to belive the section at the bottom is the orig back of this application from memmory but as shadow mentions 5.6.7 all missing and also where is the date that MSDW approved/signed application hope this helps a bit

[gazab41]

hi tony all this is are some old barclaycard terms and conditions nothing to do with the goldfish card wasnt that run by a completly different bank which i cant remember pos hfc not 100% mind