Barclaycard - Mercers, Calder and now RMA and AIC

[slick132]

Hi Aidem and welcome to CAG.

 

Some of the advice that you refer to, [22] and [23], has been superceded after the ruling by Judge Waksman in the case Carey v HSBC at the end of last year.

 

It is now accepted that the bank can fulfil the requirements imposed by s.78 CCA1974 by sending impersonal T&C's for an a/c. This leaves them free to pursue payments and register adverse markers on your credit records.

 

However, they should still require the credit agreement itself if they want the debt enforced by court action.

 

Court action, however, is rarely taken by BC or their DCA's and they prefer to use various DCA's to pursue payment. BC are notorious for refusing to acknowledge debtors problems and have an aversion to assisting by suspending interest or by accepting reduced payments.

 

You should not assume BC have no credit agreement - they simply avoid producing them in many cases.

 

If you can't maintain the required a/c payments, you can make token payments to show goodwill. You may already have seen the selection of letters here - http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/20758-creditors-dcas-letter-templates.html

 

You could also ask one of the debt help bodies to help because of BC's intransigence. See here - Debt: Where to Get Help - Consumer Wiki

 

To avoid the debt spiralling with the addition of interest and charges, you need the a/c to be closed. This is probably achieved quickest by stopping all payments and refusing to communicate with the DCA's.

 

Re the home visits, see here - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit-

 

Continue to read other threads where you'll see many others are in the same position with BC.

 

[slick132]

To Aidem and to Lochlisa.

 

Would you please clarify? Would I do this in response to the last set of letters from RMA and Allied Intl. DCAs for example?

 

While the a/c is still being actively pursued as a Live a/c, BC will continue to add interest and penalty charges. My hope is that BC will close the a/c if you stop paying and/or communicating with them or their DCA's. At least then they will stop adding their normal monthly interest.

 

[slick132]

Hi Turnaround,

 

The only way to ask for a credit agreement is using the CCA request. And we know how BC and others side-step this, by sending out T&C's.

 

A SAR is a request for data held about you. It will almost never produce a credit agreement.

 

[slick132]

Hi Turnaround,

 

The bank has no obligation to produce a credit agreement in response to a SAR, which is a request for data that they hold, not for specific documents.

 

[slick132]

Sorry to Aidem for thread hijack but I hope this is useful anyway.

 

Turnaround - Whilst you can demand to see data held that concerns you, you cannot dictate the format in which the bank (in this case) presents such data. You can ask for copy statements, for instance, but the bank does not have to supply them as long as they give you the data that the state's would show.

 

A credit agreement is not usually sent because this document is specifically covered by s.78 CCA 1974. I'm not saying it's right or fair but this is how the banks respond and the ICO and the FOS show no signs of contesting this.