Skycard/Barclaycard/Mercers

[slick132]

In answer to your comments on CatUK's thread, BC's policy is to frustrate your efforts by refusing to send you the actual credit agreement.

 

The best way I know to get sight of the agreement is:-

 

CCA request

Account in Dispute letter

Seek a Final Response from the bank confirming they won't help further

Complain to the FOS about bank's failure to supply the credit agreement

 

This thread includes a letter I drafted for the FOS complaint - http://www.consumeractiongroup.co.uk/forum/barclaycard/231901-tony3x-barclaycard.html

 

Do not try using the SAR to get the credit agreement. This will usually fail.

 

[Mitch524]

All gone quiet for some strange reason lots of phone calls on a daily basis to none in 5 days :confused:

Today d day re joint account.

[Mitch524]

Sent CCA request on 6th November 2009 and followed up wit Dispute Letter on 27th November 2009.

 

From previous post it shows how Barclays have dealt with the request.

 

Received letter from them dated 29th April as follows.

 

Reference : Section 78 of the Consumer Credit Act 1974

 

I write further to your letter requesting a copy of your executed agreement for the above account.

 

The information we must provide to you under the terms of section 78 is prescribed by the Consumer Credit Act 1974 and by the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. Under Section 78, we must supply you with a copy of your executed agreement and a statement of account which is practicable to refer.

 

The current credit limit on your account is £********

The current balance on your account today is £*******

The next minimum payment of £********* is due on 14/05/10.

 

Please note a copy of your current Barclaycard Credit Agreement will be sent under separate Cover.

 

You will be receiving your next statement shortly which will provide you with full details of your account.

 

With reference to the Civil Procedure Rules (the "CPR"). We have provided you with sufficient information to allow you to understand our position. The CPR does not confer an automatic entitlement to documents before proceedings start. CPR 31.16 provides that a party may apply to the court for pre-action disclosure in certain limited circumstances, which do not apply here. The application must be supported by evidence - and the usual order is for the applicant to pay the costs of the application, including the respondent's costs, together with the respondent's costs of complying with any order that is made as a result (CPR 48.1 (2)).

 

While there is no formal obligation on our part to provide documentation in answer to Validation of Debt correspondence, we have undertaken steps to provide you with the contractual terms under which you financial obligations arise and a statement of account.

 

I an fully satisfied that the sum outstanding by you remains legally due and payable. You should continue to repay the outstanding balance owed on your account in accordance with the terms of your credit agreement. If you do not, we may register a default against you with credit reference agencies, although we will formally notify you before doing so.

 

This complies with our obligation to you under section 78 of the Consumer Credit Act 1974.

 

 

With them now acknowledging the fact that they received this request does this now show that they have been acting unlawfully by continuing to charge interest on the account and passing this to Mercers ?

 

Other than the cover letter all I was provided with was three sheets of T&C's with no signatures of mine or theirs.

 

Thoughts anyone ?

[slick132]

I asked in post #24 if there were penalty charges on the a/c which you can reclaim.

 

[Mitch524]

Probably. Still need to SAR them. Can I challenge them on there near 6 month delay on replying to my request and still Dispute the account due to the information that I requested not being sent ?

[slick132]

They will say they've complied with their obligation to respond to your CCA request by suppling the T&C's.

 

Read other threads and you'll see many having the same problem.

 

Send the SAR for penalty charges data.

 

[Mitch524]

Should I send a similar reply to Dotty50's to Barclaycard ?

[slick132]

If your case is similar, then use Dotty's thread as a guide. As always, you should adapt anything to reflect your own case.

 

[Mitch524]

Received letter from Calders today demanding payment in 7 days. Sent 2nd class and no due date recorded.

Is this faulty ?

Plus B/C can't pass this to Debt Recovery unless they have sent me a final response is this correct ?

[Mitch524]

This is what Calders sent.

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=18605&stc=1&d=1274874041

Calders 1.pdf

[slick132]

Hi Mitch,

 

This is simply a demand and not a DN, which was mentioned in post #23 above.

 

Are they demanding the full a/c balance or the current arrears.

 

This is an interesting post on a very interesting thread - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/196312-invalid-default-notices-2.html#post2179695

 

Well worth reading.

 

[Mitch524]

Hi Slick,

 

I believe it's for the current arrears.

 

"Please note a copy of your current Barclaycard Credit Agreement will be sent under separate Cover."

 

This was on the last letter from Barclaycard dated 29th April I'm still waiting.

[slick132]

If they're demanding the arrears but not the full a/c balance, the a/c hasn't been terminated and this is just a demand for payment.

 

Don't hold your breath waiting for the BC credit agreement.

 

Have you finished that thread I linked yet. (kidding !)

[Mitch524]

This came from Risk Management Alternatives today.

Will send off Doorstep letter and letter asking if they have a valid CCA in order for them to carry out their threats as stated.

RMA.pdf

[Drederick Tatum]

Not a nice bunch apparently.

 

RMA Debt Collection Agency - MoneySavingExpert.com Forums

[Mitch524]

RMA have sent me a letter asking for me to contact them as they are willing to offer me a discounted settlement.

 

What should I expect and if anything should I send them a figure I would be willing to pay to settle ?

[Drederick Tatum]

Just ignore it, they are just trying their luck to get you on the phone and any discount that they may offer won't be much anyway as the debt is still owned by Barclaycard.

 

What did they send as a reply to your 'account sold in dispute' letter?

[the_shadow]

Yep agree about RMA, next up will be either phone calls or a postcard saying Mr Green or Mr Brown will be doing a doorstep visit.

 

S.

[slick132]

Hi Mitch,

 

I'm not saying this will happen in your own case but take a look here where CSL (Credit Solutions Ltd) have offered to take just 35% of the a/c debt to settle - http://www.consumeractiongroup.co.uk/forum/showthread.php?243979-KeeKeeDee-v-BC-Visa-a-c&p=3105210&viewfull=1#post3105210

 

I entirely agree that RMA are just trying to get you to contact them, for their own ends.

 

However, we should remember that there are occasions where a DCA WILL negotiate and take a substantially reduced sum to settle.

8-)