Chalkitup v Barclaycard

[Chalkitup]

Hello All,

Totally confused on this account - advice needed please....

 

Background is:

2006 - Ran into financial difficulties - started Debt Managment Plan with CCCS - Paid monthly way over what I could really afford as was scared by all the threats etc that I received from creditors / DCA's.

 

2007 - Found CAG - started CCA requests to a few "difficult" creditors

 

2007 to Feb 2010 - got some creditors removed from my CCCS DMP because they did not comply to CCA requests

 

Feb 2010 - Big bust up with CCCS (separate thread) as they refused to remove creditors from DMP anymore even if they sent nothing in response to CCA request - I went through annual CCCS review and as it happens I did not have enough cash left over each month to pay creditors even £5 each (CCCS told me the minimum they allow) - CCCS stopped my DMP and advised I offer £1 a month to each creditor and see if I can manage on that!!

 

Now dealing with "lots" of original creditors and DCA's on my own (well not true actually - CAG and I are dealing with them) but Barclaycard are confusing me:-

 

Three weeks ago - BC send me letter that Repayment Arrangement Cancelled

Next day - I send CCA request

Six days later - I receive from BC a blank application form and Conditions of use (neither have any date reference on) and letter saying we can send these now in response to CCA request (been all through this with other creditors)

Following week - I get up to date T&Cs sent to me from BC

Two days ago - receive DN from Mercers giving me till 02 July to pay arrears (sent 1st class and dates are correct:mad: but there is an ongoing issue on CAG re not sent from original creditor)

Today - I receive June statement from BC saying pay arrears immediately and £xxxx by 15/07 - They add Mercers are now dealing with account - And they know I have financial difficulties at present plus CCCS took me off their DMP because not enough cash yet BC have added £12 late payment fee and to add insult to injury they are now adding £260+ a month interest from now on.

 

Absolutely no point me offering £1 a month (and I will not anyway after receiving their docs in reply to my CCA request) when they are adding £270+ a month in interest and fees ......

 

Any advice please?

 

Thank you

 

Onwards and Upwards

 

Chalkitup

[twofoot]

I would ignore them and let them try thr court route. There are lots of ways to defend a CCJ and they will know that so they'll try harrassing you till the cows come home. Just ignore till you get court papers then you can spring into action.

[Chalkitup]

A little humour in these bleak times ....

 

Mercers logic for Caggers to learn ..... Mercers do not ask security questions when they phone us ........

 

According to my Truecall online log Mercers have phoned me two or three times a day for the last three weeks but as they are using an autodialler they have not got through the Truecall system.

The last three days they have manually dialled me but I have not been in and no messages have been left. Yesterday I received a phone call and answered ......

 

Mercers chap ........ can you give me your year of birth Mr Chalkitup

 

Chalkitup ........ I do not give security details over the phone

 

Mercers ........... I am not asking for your birthdate just the year you were born

 

Chalkitup .......... but that is part of my birthdate isn't it?

 

Mercers ........... NO !!!!!!!! .... your birthdate would be the date month and year you were born and I have just asked you for the year

 

Chalkitup ........... but that is still a security question isn't it?

 

Mercers ............ NO !!!!! ..... a security question would be like (AND HE ACTUALLY SAID THIS ... ALL RECORDED) ..... what year were you born ???????? ..... then a silent pause until he says ...... no I mean what is your birthdate:-D ..... at this point I could not stop laughing and he said ... the answer would be something like 9 .. 4 .... 87 (not my birthdate by the way) .... I am just asking for the year you were born

 

Chalkitup ......... yea .... but the year I was born would be part of the answer to the question you just told me would be a security question and hence makes the question what year were you born a security question and could be used for i/d theft

 

Mercers ..... (having realised he was talking Planet Numpty language) ...... I understand your dilemma but until you give me your year of birth I can not discus the account and our conversation will only benefit you in the long run .....

 

Chalkitup ...... getting bored now so I told him I had put in writing to Barclaycard that everything must be in writing and that I had also requested that my telephone numbers were removed from their systems as I am legally entitled to do - then I added "of course it is much better having a paper trail of everything for when legal action takes place but the transcripts from all the telephone calls I automatically record can do just as well in some circumstances"

 

The Mercers chap suddenly finished the call in quite a hurry!!

 

Onwards and Upwards

 

Chalkitup

[rebel11]

Have you sent an account in dispute letter?

 

'Six days later - I receive from BC a blank application form'

[Chalkitup]

Have you sent an account in dispute letter?

 

'Six days later - I receive from BC a blank application form'

 

Hello,

 

Not sent anything to Mercers or Barclaycard since received DN three weeks ago ........Not sure which route to go ...... I can either .....

 

Send Mercers dispute letter and ask if the blank application form and Conditions of use (neither have any date reference on) that BC sent me are "true, honest and accurate copies of my executed agreement".

I will then await their reply .......

 

Or do I .....

 

Just await a termination letter?

 

Onwards and Upwards

 

Chalkitup

[Bazooka Boo]

Is the DN laid out in the prescribed fashion?

What do they state you must pay to rectify the account, and how much time have they allowed?

[Chalkitup]

Is the DN laid out in the prescribed fashion?

What do they state you must pay to rectify the account, and how much time have they allowed?

 

Hello Bazooka Boo,

 

Interesting point re DN .......

 

I have received exactly the same DN as in link below ... ... from Mercers?? (not Barclaycard) and dates are .... dated 15 June 2010 ...... make arrears payment to reach Barclaycard?? before 2 July 2010. Exactly the same postage as the envelope shown in the example as well.

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/196312-invalid-default-notices-50.html post 2973

 

I see means2anend mentions some interesting points re the DN in post 2977.

 

Hence my plan of waiting for termination and then accepting UR.

 

Onwards and Upwards

 

Chalkitup

[Bazooka Boo]

Doing some very quick calculations and going on assumptions here, although the DN is dated the 15th, it will almost have certainly been 2nd class post (TNT walksort) so 3-4 days for delivery, time in which to rectify the account 2nd July, giving in the region of 10 days in which to rectify??

 

Any chance you know exactly when you received the DN?

And does it ask for the arrears to rectify the account, or the full balance?

 

Any chance you could scan and post up the DN as it sound faulty, and unenforceable, if they terminate the account on a faulty DN all you are 'legally' obliged to pay them is the arrears.

[Chalkitup]

DN received 18/06/10 ........ Their envelope has 1 Royal Mail on it which will be taken as Royal Mail First Class post.

 

Asks only for arrears.

 

But it is from Mercers and not Barclaycard!

 

Onwards and Upwards

 

Chalkitup

[rebel11]

'But it is from Mercers and not Barclaycard!' that sums it up nicely;)

 

 

DN received 18/06/10 ........ Their envelope has 1 Royal Mail on it which will be taken as Royal Mail First Class post.

 

Asks only for arrears.

 

But it is from Mercers and not Barclaycard!

 

Onwards and Upwards

 

Chalkitup

[Guest Cartaphilus]

I understand your dilemma but until you give me your year of birth I can not discus the account and our conversation will only benefit you in the long run .....

What's scary is the person saying that actually believes it ...

 

Translation 'Your dilemna is not any of my concern, you will answer my questions or else! (imagines them flicking hair back to emphasise the point) ... I am not here to listen, I don't care if you can pay ... Nothing will benefit you from this conversation except ... You will pay or else! Planet Sadlycard wants you to understand that you will pay us!'

 

Wonder what they do when they get home? Imagines some kind of Pleasantville like social life. Hmmm.

 

In fact, on two occassions one morning a long while ago I had one of Planet Sadlycard screaming down the phone line at me saying 'We are going to sue you'. Shame Sadlycard were fined several months later for making a high volume of calls to people. Not.

Edited July 11, 2010 by Cartaphilus

[Bazooka Boo]

Mercers IS Sharklaycard, just their in house collection team.

[Chalkitup]

Mercers IS Sharklaycard, just their in house collection team.

 

Hello BB,

 

Yes I know ........ but for the purposes of a DN my original agreement was with Barclaycard not Mercers their in house collection team.

 

This point has been raised on the Invalid Default Notices thread.

 

Onwards and Upwards

 

Chalkitup

[Bazooka Boo]

Apologies, I see what you mean yes..

[tosh1]

subbing

[Chalkitup]

Always good to know someone is there to help you.

 

I felt lonely Sunday evening (around 8pm!!) so I decided to answer the second Mercers (Barclaycard inhouse DCA) phone call of the day ...... they have been calling two / three times a day for over the last month but my Truecall deals with them (unless I answer if I feel like recording more of the DCA chat for future use!!!) .....

 

Here are some highlights from the call ....

 

Mercers ....... year of birth please Chalkitup

 

Chalkitup ........ your full name please Ms Mercers lady

 

Mercers ...... my name is xxxxx xxxxxxxxx

 

Chalkitup ...... can you spell that please

 

Mercers ....... x x x x x x x x x x x x x x

 

Now .... Chalkitup asking for her name must have confused the poor Mercers lady regarding Data Protection security questions because she never asked me another security question again ....... so for nine minutes she chatted away about my account and the only "data protection security question" answered was by Ms Mercers lady giving Chalkitup her name (or at least a name!!!!!). I could have been anyone!!

 

Chalkitup (continues) ...... but I have written saying no tel calls

 

Mercers ..... I am only phoning to help you ...... she kept saying over and over

 

Chalkitup ..... but you already know that I was paying Barclaycard via the DMP with the charity CCCS but they stopped my DMP because I do not have enough money left over each month to afford even a £1 to each creditor and I am on benefits and I rent where I live ...

 

And the help given to me by this kind Mercers lady after I have told her of my problems .........

 

Mercers ....... you are now £x,xxx in arrears since Feb and owe £xx,xxx ...... How much can you pay each month

 

Chalkitup ...... (I repeated my last sentence to her thinking she probably misheard (benefit of doubt!!!))

 

Mercers ...... (more kind help) ..... can you give me your mobile tel number but I will hold off all calls from Mercers for two weeks but Barclaycard have every right to call you at home because you owe them money. ALSO because you have stopped your DMP we will now start applying interest monthly, which is currently £280.00 a month, to the account and she then added that if the debt escalates any further (but it will if you add interest) they will sell the debt on to a DCA!!!

 

Telephone call recorded and stored

 

So glad she was there to HELP ME .... what would I have done without her help?

 

Onwards and Upwards

 

Chalkitup

[Bazooka Boo]

Their customer service skills know no bounds...

[Chalkitup]

Well Mercers are helping me even more ....... following the recent telephone call......

 

Today I receiced a letter from them saying "Immediate Action Needed - Account still overdue so we are passing it to a local debt collector who may call at your home to obtain full repayment.

 

Can I now consider that they have terminated the account as they wrote "to obtain full repayment" or would I be on thin ice there?

 

And I have already sent them the no callers letter about two months ago!!!

 

Onwards and Upwards

 

Chalkitup

[Bazooka Boo]

I am of the opinion that as soon as they ask for the full amount to be paid, this can be seen as them terminating the agreement, however, wait until the do pass it onto another moron and they undoubtedley will tell you to pay the full amount within 2 hours, this will definitely be a termination of the agreement.

[Chalkitup]

Thank you BB .... I will await one more letter from whoever seeking the full amount before I proceed.

 

Talk about making things complicated ....... How many different names are Barclays planning to use to contact me to demand payment??? ......... After all this Mercers activity asking for payment ..... today I have received a statement from Barclaycard and they are saying I must pay them £400+ immediately and 400+ by ??/08/10.

 

And of course they have added another £280+ interest and £12 late payment fee???

 

Do they not listen to us at all ....... CCCS told them I can not afford £1 a month to them ..... so they immediately start adding £300 a month to my balance.

 

Absolutely ludicrous.

 

Onwards and Upwards

 

Chalkitup

[Bazooka Boo]

I wouldn't worry, this is exactly what got them into the mess in the first place..I nearly said it's only their money, but remembered it's not, it's bloody ours!

 

You should tell them to wind their necks in, how many more times do they think the public is going to bail them out:mad:

[The Debt Star]

subbing

[The Debt Star]

have you actually disputed the account in any way shape or form Chalkitup?

[Chalkitup]

have you actually disputed the account in any way shape or form Chalkitup?

 

Hello,

 

Not yet sent dispute letter ..... awaiting termination letter or another demand for full payment from them and I will then accept UR.

 

Then I plan to send dispute letter and reply to the letter I received from Barclaycard in response to my CCA request which had enclosed a blank application form and Conditions of use (neither have any date reference on).

 

Talking of which ...... can anyone please help here ...... Barclaycard letter had two paragraphs in it which I am struggling to understand ......... the first is .. (I never mentioned CPR at all in my CCA request???)....

 

"With reference to the Civil Procedure Rules. 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. CPR31.16 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 (CPR48.1(2))."

 

The second paragraph I am having difficulty understanding is:-

 

"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 your financial obligations arise and a statement of account"

 

Are they misleading me in the first paragraph and surely in the second paragraph in response to a CCA request they are meant to send T&Cs and a statement of account anyway.

 

Thanks

 

Onwards and Upwards

 

Chalkitup

[The Debt Star]

I don't understand why you haven't already sent the dispute letter. With the account in dispute you can tell Mercers to fox trot oscar. You have a good enough reason to dispute it, why delay?

 

The 1st paragrpah refers to a Part 18 request under the Civil Procedure Rules. Defendants can write to the Claimant asking for evidence being relied on in court proceedings (telephone transcripts etc). (lol, I think you're quite good at keeping those already aren't you?) ;-)

 

Check your orioginal letter to them just to check to see if you didn't include a Part 18 rerquest accidentally at the same time as a CCA reuest. It makes no odds anyway? If it goes to court you can ask for that info then. Sounds like Barcrap have accidentally pasted in a standard paragraph on Part 18 requests. So go back to them and make them explain themselves.

 

The other para refers to the OFT's 2003 Guidelines I think. You are entitled to a copy of the agreement (including a reconstructed copy) and my understanding is that ToB had to be included or referred to in that? I would read up on the OFT's guidance notes (existing 2003 and draft 2010) and go back to them quoting hook line and sinker what they ARE obliged to provide you. At the same time dispute your account and get Merciless off your back.