Barclaycard - Agreement and Default Notice

[brooooooooooce]

I posted these under a different thread but think I'd like to create a thread of my own. Any comments about:

 

1. The enforceability of the application / agreement?

2. The Default Notice?

 

Attached Files Barclaycard - Agreement.pdf (1.17 MB, 0 views) Barclaycard - DN pg 1.pdf (519.8 KB, 0 views) Barclaycard - DN pg 2.pdf (555.2 KB, 0 views)

Cheers for your help.

[Pinky69]

They have sentt you an application form, not an agreement. Did you receive Terms and Conditions and a Statement of Account?

 

The DN is defective. The DN was served on 8 March (they forgot that the weeken doesn't count for postage) and they require to give you 14 clear days from the date of service to remedy the breach - they should have given you until the 22 March. Sit on this information and don't mention it to them until they terminate.

[brooooooooooce]

They have sentt you an application form, not an agreement. Did you receive Terms and Conditions and a Statement of Account?

 

The DN is defective. The DN was served on 8 March (they forgot that the weeken doesn't count for postage) and they require to give you 14 clear days from the date of service to remedy the breach - they should have given you until the 22 March. Sit on this information and don't mention it to them until they terminate.

 

I got the bog standard BCard s.78 response which included ancient t & c's and statement of account. The application form didn't appear until I SAR'd them - although BCard call it my agreement not application.

 

Only problem with the DN is I don't have an envelope to prove 2nd class postage, so if BCard argue it was sent 1st class then it is okay.

 

Cheers for your help Pinky - really appreciate it.

[nodefaults2010]

Hi,

 

Don't want to hijack your thread Brooooooooooce but have a similar situation and just want to check if the DN and possible TN (both docs attached) from Mercers mean my account has been unlawfully rescinded. Maybe Pinky 69 and others can comment on whether they think the 2nd letter counts as a termination notice?

 

Mercers sent the DN on 20 November (Friday) giving until 7 December to remedy. By my calculation (assuming first class post so service is as of 24 November though was probably sent second class anyway) this gives 13 clear days to remedy the breach by so it is incorrect.

 

The follow up notice dated 21 December shows the full balance and states that the account is still overdue. It also states that a local debt collector may call at my home to obtain full repayment. Now this seems quite a 'grey' letter so not sure if it would stand up as a termination letter. They state the full balance and don't explicitly mention the amount of any sums due so not sure if this counts as a demand for full payment. Also they only say a local debt collector 'may' visit for obtaining full payment. So do you think this counts as a termination?

 

Finally, do notices from Mercers count as being given by Barclays and thus potentially incorrectly default and then terminate a Barclaycard account? Or are they merely hot air sent illegally by Mercers under false auspices?

 

thanks for any thoughts on this and apologies once more for interjecting on your thread broooooooooce - just trying to get a firm answer on this. good luck with your situation.

Mercers.pdf

[Pinky69]

Barclays cannot just argue that they sent anything first class. They must provide proof of postage if they want to use that as an argument. Businesses don't use 1st Class mail. It is for them to prove how they sent it, not for you to assume their arguments for them.

 

Node - they should have given you until 10 December if posted 2nd class (weekends don't count for postage and they must allow 4 days for receipt after postage) As above, they don't use 1st Class mail. Mercers is part of Barclays and what they send is legitimate for Barclays. If they demand the full balance on the back of an unlawful DN - as they have - that is repudiation of contract. Write and tell them you accept their repudiation of contract and as a consequence of their repudiation they have unlawfully rescinded the agreement. Leave it at that. They are allowed to claim arrears but don't tell them that - let them ask for them. You must tell them in writing you accept the repudiation.

 

I think if you have any further questions you should start your own thread and not get it confused by tagging on to others.

[nodefaults2010]

thanks Pinky69, appreciate your thoughts and apologies again brooooooooce, not trying to take away from your thread....I had started another thread but was not getting any response on it...I was planning on acting similar to how you said but just wanted the view of an experienced cagger re: Mercers being part of Barclays and on the TN. good to hear that barclayshark has screwed up yet again!

[brooooooooooce]

thanks Pinky69, appreciate your thoughts and apologies again brooooooooce, not trying to take away from your thread....I had started another thread but was not getting any response on it...I was planning on acting similar to how you said but just wanted the view of an experienced cagger re: Mercers being part of Barclays and on the TN. good to hear that barclayshark has screwed up yet again!

 

No worries mate, glad you are getting sorted.

[cerberusalert]

Mercers sent the DN on 20 November (Friday) giving until 7 December to remedy. By my calculation (assuming first class post so service is as of 24 November though was probably sent second class anyway) this gives 13 clear days to remedy the breach by so it is incorrect.

A court sees service as four days, they posted it on a Friday so it could not have got into the system before Monday add the 4 days = 27th add the 14 days to remedy = 11th Dec.

[Pinky69]

2. To avoid uncertainty as to the date of service it will be taken (subject to proof to the contrary) that delivery in the ordinary course of post was effected:-

 

(a) in the case of first class mail, on the second working day after posting;

 

(b) in the case of second class mail, on the fourth working day after posting.

 

From the Practice Direction. It is assumed to be in the system once it is posted.

[brooooooooooce]

Ey up. Had a laugh yesterday afternoon!

 

Last week some outfit called Power2contact wrote to me saying BCard / Mercers were having difficulty contacting me and unless I rang them they would send someone round. I straight away sent the letter taking away consent for them to visit.

 

Anyway about 4ish yesterday there was a tentative knock on the door which my dogs heard and as usual went ballistic. I put them away and opened the door there's this pasty faced guy stood there, says he's calling on behalf of Mercers / BCard. For a second I thought about giving him both barrels but he genuinely looked scared, so I asked him into the porch. At that point I told him "my initial reaction is to tell you to f**k off and kick you out on your ear, but you seem like a reasonable bloke". He went even whiter before recovering a little.

 

Told him he was wasting his time, account in legal dispute, total BS about Mercers not being able to contact me and I'd already written to this Power2contact lot and told em not to call. Told him if he called again I'd consider it trespass and let the dogs out.

 

He apologised profusely and left. Ha ha. If that's what a feared doorstep visit is like send as many as you want!

[brooooooooooce]

They have sentt you an application form, not an agreement. Did you receive Terms and Conditions and a Statement of Account?

 

I'm trying to negotiate an f & f with BCard. I've offered 15% but they aren't biting. The account is quite old (1992) so I'm sure they won't have the original document. What they have provided is illegible in many parts. The PT's aren't there but no doubt BCard will argue they were on the reverse. What to do next?

 

Has anybody been taken to court by BCard on the strength of the application form (or similar) that I received? Does anybody know of any other CCC who's issued on the basis of a very poor microfiche copy of an application form that may have contained the PT's on the reverse?

[brooooooooooce]

Hi

 

I've been trying to start a new thread but can't, so I've posted this on an old one.

 

I have a friend with some serious debt problems and I've been helping her with CCA request and a DPA request. The attached agreement has been produced by Barclaycard following the DPA request. Could someone offer advice with regards its enforceability?

 

Cheers. Brooooooooooooooooooooooooooooooooooooooce

[brooooooooooce]

What do you think about the DN?

AD - Bcard DN.pdf