Mercers/Barclaycard

[slick132]

Hi Tony.

 

See my comments on your other BC thread.

 

[tony3x]

Thanks for the reply.

 

I have never had PPI so no good there. I have penalty charges but they don't amount to much.

 

If I understand it right, as long as I can take the hassle of phone calls letters etc it may be worth seeing if they take me to court and defending then. Any idea how the courts are reacting if no CCA is supplied and subsequently provided in court bearing in mind the OFT's statement that they would not look on it too kindly if this were to happen.

 

The one thing that cheeses me off is that I offered reduced payments on my credit cards but BC wanted more than I could afford. If they had been more reasonable it wouldn't have come to this. Considering that the banks are hugely responsible for the mess the country is in they do not have too much empathy.

[slick132]

Hi Tony,

 

Any idea how the courts are reacting if no CCA is supplied and subsequently provided in court bearing in mind the OFT's statement that they would not look on it too kindly if this were to happen.

It comes down to the Judge Lottery if the case ever got to court. But you should have every chance of defending successfully if they don't have a valid credit agreement.

 

If they DO have a valid agreement, even if it's produced in response to your CPR request when proceedings are started, you can negotiate and hope they accept a monthly payment.

 

[tony3x]

To update further. Not been on for some time but have recently obtained my credit report. Some interesting dates:

 

Default date on credit report is 13/1/10

 

No default letter ever recieved.

[tony3x]

To update further. Not been on for some time but have recently obtained my credit report. Some interesting dates:

 

Default date on credit report is 25/3/10

 

No default letter ever recieved.

[tony3x]

To update further. Not been on for some time but have recently obtained my credit report. Some interesting dates:

 

Default date on credit report is 25/03/10

 

DN fro Mercers for overdue amount (not full balance) dated 25/1/10 with payment due date of 11/02/10

[tony3x]

Have recently received a letter from Lovells who have bought the debt from BC. Also enclosed was a letter from BC saying that they have sold to Lovells.

 

Also received an email from them.

 

Admin is really good as the account number is wrong on both letters and the email.

 

Carry on doing nothing or try to get the default removed as never received any DN nor was a copy supplied with my SAR.

[slick132]

Hi Tony,

 

I think you should try and get the charges refunded with interest.

 

Plenty of examples here to show how this is done - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes

 

[tony3x]

I have not really got much in the way of charges, not that will have a great effect anyway. Will go through the statements to double check.

 

More concerned with how to deal with Lovells and seeing if I can get the BC default removed as I never recieved a DN. Will check again but pretty sure there was not a copy with my SAR.

[tony3x]

Advice required.

 

2 of my BC accounts have been sold to lowells. Both the BC accounts were defaulted early 2010 (will be checking paperwork to see if DN's were faulty). Lowells have now placed Defaults on my credit file for the same amounts and same dates as the BC ones. I don't recall ever receiving any DN's from Lowells, in fact as they only bought the debt this year how can they place defaults on from 2010.

 

I believe this is a gives a false impression as I should only show 2 defaults but now show 4.

 

Any ideas.

 

thanks

[Bazooka Boo]

Correct it should only show 2, this is a case for the CRA's to answer, demand that they rectify this or pay the consequences.

 

What usually happens is that BC will have placed the markers on your file, then when they sell it or pass it on to a 3rd party clown outfit, the OC (BC) should remove their name and the new clown replaces it with theirs.

[tony3x]

Thanks.

I assume it is now safe to get try to get the Defaults removed as I am sure there was no DN's. I will check contents of SAR again to be sure.

 

Saying that, if I do that will Lowells then be able to reissue the defaults.

[Bazooka Boo]

Once the defaults have been issued, which should be within six months of you defaulting on a payment, then the date must stay the same only the names of the gophers change, they cannot change the date of default.

[tony3x]

That said then - if the Default Notices were faulty the defaults can be removed and they cannot be re issued. I would assume definitely not by BC as they no longer own the debt but not sure about Lowells.

[Bazooka Boo]

If I remember rightly, the faulty DN issue should be kept quiet from the DCA and the OC, as all they will do is rectify the DN and issue you with a new one, you used to be able to challenge the faulty DN and claim unlawful rescission, but they got wise to this and moved the goal posts, and the OC can now issue a new DN.

 

However if it has been sold under the law of property act and you then make them aware of the UR then I 'think???' all you are liable for will be the arrears on the account.

 

If I am wrong, someone will correct me, but I think that is how it is now??

[charlie*]

Bump...

 

Its been a peaceful if somewhat cool summer and now, as winter approaches, the vultures are circling again so any info regarding the above will be gratefully received.

Edited October 14, 2011 by charlie*

[tony3x]

an update on one of the accounts.

 

In reply to a CCA request to Lowells, they have finally said that they are unable to obtain a copy of the agreement so will closing the file.

 

Time for a CCA on the other account now.

[tony3x]

Dealing with this for a friend who does not have access to a computer (only Iphone).

 

He is currently going through a divorce so is all over the place at the moment.

 

he has a defaulted Barclaycard debt. Only recently defaulted and currently not paying anything. I have checked his cred rep and all seems ok with regards the timing of the default. He does not have a copy of the DN but cannot be sure that he received one.

 

Was getting calls from RW so sent a CCA request.

 

He has now received the usual re constituted credit agreement with the address as his current one, not the one he was at when the card was taken out. They have also supplied a copy of the 'Barclaycard Conditions' and cancellation notice (addressed to his previous address) that has a reprint date of 01/03.

 

I will hazard a guess that BC will not have a signed copy of the agreement.

 

What would be the next move . It is a pre 2006 account.

[SabreSheep]

Sounds to me like they have not complied with his CCA request if they have the wrong information on it.

 

Full subject access request to barclaycard would be good now.

[slick132]

Hi Tony,

 

If the a/c was opened before April 2007, the original credit agreement is needed for court action to succeed. Without it, enforcement should be difficult.

 

Do you have statements to check for penalty charges and/or PPI which can be reclaimed.

 

If not, the data should be provided in a SAR response.

 

1. When did the a/c fall into arrears.

 

2. Approx what balance is owed.

 

[tony3x]

Amount owed is just under £5k.

 

Only fell into arrears in the last 12 months.

 

I will get him to do a SAR to BC.

 

What is the best response to any further contact from RW.

[slick132]

OK, so the SAR will show what penalty charges can be reclaimed to reduce the balance.

 

As they will be in the last 12 months, claiming compound interest may not be as beneficial as with older charges.

 

Have you checked the CRA files to see who shows as the a/c owner. If it's still owned by BC, you could ignore RW for now.

 

Or can also insist that they make all contact in writing only, not by phone.