Help needed Urgently Barclaycard/Mercers

[rebel11]

Hi Gem,

 

I'm not an expert, I'm sure Slick will comment in due course.

But if thats correct, then that should be ample grounds to dispute the account. You can claim the PPI, you need to find exactly how much,

Barclaycard will use 6 year limitation to prevent you claiming. The FOS are hot on PPI. So, I think you've got a good case to claim it back. Have you sent Barclaycard a SAR request for that account. Don't forget you can claim Interest with the PPI.

 

One other thing I noticed on the CCA is that I ticked that i wanted PPI but also stated that I was self employed but i know i definatley paid PPI for the first few years till i cancelled it. this was obviously longer than 6 years ago can You claim PPI back further than 6 years?

Edited July 23, 2010 by rebel11

[gem77]

Thanks for your reply rebel. No I havent sent a Subject Access request for this account yet as I dont think i had any charges until the last few months when our financial situation changed and as they are still adding charges I thought id leave it for now. But now I have proof that they sold me PPI even when I didnt qualify for it I think I will send one as soon as. Just hope they can produce my statements way back to 1999.

Have no idea how much it will add upto as cant even remember how long I had it before I cancelled it. But I guess any amount will knock a bit off the debt.

[slick132]

Even though you can use s.32 Limitation Act 1980 to argue why you should be able to claim charges back beyond the normal 6 year limit, BC will only supply you with a/c data for 6 years from when you send a SAR. They will say they now destroy data older than 6 years.

 

The only way to get anything older is to take court action. See Webmaster's thread here - http://www.consumeractiongroup.co.uk/forum/barclaycard/206050-webby-barclaycard.html

 

[rebel11]

Hi gem,

 

You said you had PPI for a couple of years, I would just send the SAR, don't tell they why you want the info, and see what turns up, before you take court action. Remember they've got the Agreement that was dated 1999. If

you know roughly how much it was , you could maybe do some calculations, with interest to get a refund figure.

[gem77]

Sorry not been on for a while. Bit hectic around here now the kids are on holiday.

I thought the same thing rebel if they have the agreement im sure they have the rest. I think I may have some old statements in the loft somewhere so gona try to dig the out.

Not sent a SAR yet as very short on funds due to my husband being made redundant last month which hasnt helped matters at all

 

I had to more letters from mercers the same as the last two and they phone about once a day at the moment so thankfully they seem to be getting the hint.

 

Thanks for all your advice guys and i will keep you posted. I will post up the agreement as soon as I can.

 

Gem77

[slick132]

Useful tip for the school hols........

 

Keep your kids entertained by sending them up into the loft with headlamps. Don't let them down until they've found all your old BC statements.

 

They'll LOVE it ..................

 

[gem77]

LOL ....... excellent idea Slick may just do that.

[gem77]

Just watching the news about how many billions the banks have made in profits this year. Makes you sick doesnt it!!!!

[gem77]

Hi All,

 

Today I have recieved a letter from Calders Financial, which after reading some threads I believe are yet another part of BC. It reads as follows:

 

 

A FINAL OFFER OF HELP

 

Your account with Barclaycard has been refered to us for collection for continued non payment of your account arrears.

 

However, Barclaycard have agreed we may offer you a repayment opportunity to avoid the need for further recovery activity.

 

1 - Our clients are prepared to accept 60% of your outstanding balance in full and final settlement of your debt.

Alternatively if this is not an option

2 - our clients will allow us to offer you a range of reduced payment options. Please call us on 0844 241 2579 to discuss.

 

We feel it is important to stress to you this is the final offer we can make before your account is closed and passed for debt recovery action. If this happens, the full balance will become due immediatley.

 

We really would prefer not to take this action and are confident that between us we can resolve this matter.

 

Colin Rogers

Collections Manager

 

So what should I reply to them? I am still paying them what I said I could afford but they are still adding interest and charges which I will claim back.

 

Gem

[gem77]

Ok so finally got my scanner sorted and this is the CCA that they sent me. But how can I make it bigger so you can all read it???? Im not too clued up with scanning etc. lol

[slick132]

Hi Gem,

 

See here for how to post up a document - http://www.consumeractiongroup.co.uk/forum/showthread.php?107001-quot-How-do-I...-quot-A-Dummies-Guide-to-this-Forum

 

[gem77]

 

Edited September 3, 2010 by gem77

[gem77]

Thanks Slick, Think I have fathomed it out now. Although it is still hard to read but then so is the photo copy they sent me.

[Dotty50]

Hi Gem77,

 

My OH had a similar letter from Calders today offering the same discount, will be thinking about a suitable reply!

 

You have left an application reference on the application form.

 

It is difficult to read and they are supposed to supply you with an easily legible copy.

[gem77]

Hi Dotty,

 

Ooops didnt notice that. any ideas how I can remove it?

 

I have been trying to think how to reply so let me know if you come up with anything . I only wish I did have the 60% then I may have taken them up on it and get them off my back but as I dont not much I can do.

[Dotty50]

You should be able to remove the attachment or if not, just hit the triangle with the exclamation mark in it, that will alert one of the site team who will assist.

 

I wouldn't be tempted at 20%, that is until such time they produce a copy of an enforceable agreement!

[slick132]

Apart from the issue of legibility, I think the Prescribed Terms are on the reverse as required and the agreement may therefore be valid.

 

Other views would be welcome.

 

[rebel11]

If so why haven't Barclaycard sent the reverse of the documents, if thats what they have sent then thats what they have got. Having read thousands of threads it's the first time I've seen that. You could say that about every single document ever posted on these forums.

 

Apart from the issue of legibility, I think the Prescribed Terms are on the reverse as required and the agreement may therefore be valid.

 

Other views would be welcome.

 

[Dotty50]

If so why haven't Barclaycard sent the reverse of the documents, if thats what they have sent then thats what they have got. Having read thousands of threads it's the first time I've seen that. You could say that about every single document ever posted on these forums.

 

Well it does look as though it is the reverse of the document, if you look at the lines and the bit in the top left hand corners.

 

I just can't read it, Slick you must have very good eyesight!

[rebel11]

I think Slick is refering to the back of the application form. Further to the two documents that have been scanned.

 

Well it does look as though it is the reverse of the document, if you look at the lines and the bit in the top left hand corners.

 

I just can't read it, Slick you must have very good eyesight!

[Dotty50]

I think Slick is refering to the back of the application form. Further to the two documents that have been scanned.

 

Sorry not with you.

 

I meant that page 2 of the scanned document does appear to be the reverse of page 1, you can actually see parts of the front through page 2.

[gem77]

Thanks for taking a look at that for me guys. Typical that mine appears to be one of the only valid ones

At least I still have the proof that they miss sold me PPI right there on the application form.

[slick132]

I think BC have COPIES (not the original) of the credit agreement/application. The reasons for saying this are:-

 

1. The 2 copies are stapled together and would not be if they were front and back of one original document.

 

2. At the top of the 2nd page, you can see through to the top of the 1st page where the heading says "Pre-approved Application". If they had the original, the heading of the front page would be visible on the 2nd page in reverse.

 

I cannot read all of the T&C's but I can see they include at least some, if not all, of the Prescribed Terms.

Edited September 5, 2010 by slick132
typo

[capuccinmonkey]

Hi gem77,

 

Just wanted to let you know I'm in a similar situation with my Goldfish CCA. Mine is from a month or so before yours. The first page is a little different, mostly just a different layout with the same content. The second page is the same on first read through, just with a different reference code in the bottom right corner.

 

As others have mentioned on here, I do wonder if BC have the original documents from that era. Judging by the poor quality of the copies we've got, I believe they are prints from scanned/archived copies rather than photocopies. Fancy calling their bluff? 8-)

[gem77]

Hi Capuccinmonkey,

I am pleased there is someone else out there who has the same situation with the cca as me. Thought I may be the only one!

Does it matter then wether they have the original or just a scanned copy? I thought it wouldn't make any difference as its still a copy of the original showing my signiture etc.