Jump to content
laalinz

Laalinz V Barclaycard Mercers

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3089 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi,

 

Hoping you can help.

 

I have missed three months payments on my Barclaycard due to finacial difficulties. I wrote to them on the 18 August 2010 requesting a CCA from them and sent it recorded enclosing a £1.00 postal order as I was sick of receiving up to 7 phone calls and txt messages a day from Barclaycard.

 

I have continued to recieve phonecalls everyday but less frequent. I spoke to a lady who rang last week and when I questioned why she was ringing while I was still awaiting a response regarding my CCA request she hung up on me.

 

I have still not recieved noting in the post from Barcalycard but today have started recieving phonecalls from Mercers. I have not answered these calls (thank you caller display) but they have left messages asking for me to ring them back (no thanks you).

 

I have checked the post offices track and trace and this states that the letter to Barclaycard is currently been processed through their system!!

 

Another thing is that over the 7 or more years that I have held this Barclaycard they have charged me rather a few late payments etc................might it be worth trying to claim these back?

 

At the moment though my main concern is that I now have a debt collection company 'Mercers' ringing my home.

 

Please help

 

Thanks

 

One very stressed out mum.

Share this post


Link to post
Share on other sites

Asked Slick to remove one of them

 

:-) thanx Dotty

Share this post


Link to post
Share on other sites

Hi Laalinz,

 

Other thread now removed.

 

Please don't let the calls from the DCA stress you. They have no powers. They have no authority. You can either ignore them, or write confirming BC have not yet replied to your CCA request, so the DCA must stop contacting you.

 

You can certainly reclaim all penalty charges which BC have added to the a/c over the years, plus compound interest on top. If there are older charges on the a/c, claiming compound interest can make a big difference to the reclaim value.

 

Do you have all your old statements for the a/c. If not you need to get them using a SAR sent to BC.

:-)

Edited by slick132
typo

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

I should also say the CCA request may buy you a bit of time but is unlikely to help you much. In the past, it was a useful tool but there have been some recent major court rulings which mean that the CCA request cannot be used in the same way as before.

 

Concentrate on getting a refund from BC of the penalty charges.

 

8-)


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites
I should also say the CCA request may buy you a bit of time but is unlikely to help you much. In the past, it was a useful tool but there have been some recent major court rulings which mean that the CCA request cannot be used in the same way as before.

 

 

8-)

 

Why do you say this Slick? It's the first time I have heard this.

Share this post


Link to post
Share on other sites

Hi Dotty,

 

Rulings handed down in the cases of McGuffick, Carey v HSBC and McKneale v Barclays have changed the way we must look at disputing a/c's.

 

After McGuffick creditors have the right to continue to press for payments once they've replied to a CCA request.

 

After the Carey case there is little chance of getting a ruling of unenforceability by taking the creditor to court. This also confirmed how a creditor can respond to a CCA request (although debate on this continues).

 

After McKneale we cannot use CPR31.16 to demand a copy of a credit agreement.

 

We used to use the CCA request as a first resort but, after these rulings, I think it's efficacy has been reduced considerably.


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

Thanks Slick,

 

I have seen these cases being referred to and as you say still being debated about.

 

Your post makes it much clearer but I thought new caggers are still being advised to request their CCA initially, but with the production of re-constituted agreements, don't we still have the right to confirmation that what they produce is a true copy of the executed agreement?

 

Is withholding payment still an option until they confirm this?

 

Sorry for hijack Laalinz, but it may be of use to you too.

Share this post


Link to post
Share on other sites

Were can I find s SRA template letter? Do you think I should write to Barclaycard again requesting a CCA as they do seem to just be ignoring this request.

 

Thanks

Share this post


Link to post
Share on other sites

Hi Laalinz, Yes that's the SAR letter

 

I've removed the letter itself and replaced it with a link to it, as we try to keep template letters off the open threads.

 

Send it off by Recorded Delivery or use normal post and get a free Certificate of Posting from the PO for proof of posting.


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

Hi Dotty ( and sorry to Laalinz for this final hijack!! ),

 

I'm not saying debtors should no longer use a CCA request but we can no longer rely upon it as a weapon to keep creditors and DCA's at bay.

 

If a bank fails to respond to a CCA request in the time allowed (12+2 days), you can withhold payments.

 

If they respond with T&C's, that may be enough for them to justify continuing with collection activity, eg phoning, demanding payments registering defaults or adverse CRA data, etc.

 

There will be further debate and, hopefully, clarification about how the banks should properly comply with a CCA request. Eg should they send multiple T&C's for a/c changes like interest rate change, should they supply a reconstituted doc't and should they declare it is reconstituted.

 

Until these issues are resolved, CAGgers should be aware that they no longer have the protection afforded to them even a year back by the CCA 1974, after sending off a CCA request.


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

Thanks Slick, will get that posted off recorded on Monday. I don't mind the thread hijack, found it very useful. Can you also ckaim back chargers from a catalogue? If you can I may as well go the full hog and claim them back from all. (We fell into a bad patch when both my hubby and meself both were made redundant and we were unable to find jobs for 7 mths)

Share this post


Link to post
Share on other sites

Hi Laalinz,

 

Yes, you can reclaim charges on a catalogue a/c in just the same way as credit card penalty charges. They are unlawful.

 

:-)


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

Thanks Slick,

 

I have just nagotiated a payment plan with Very over 3 years at 0% APR but the amount of chargers on the account have taking my balance over what I actually owe. I will try reclaiming these back along with others as if I can reduce the outstanding balance to what I do actually owe minus the chargers and that negotiate payment plans I am more then happy to payback these debts as after all I did incur them

Share this post


Link to post
Share on other sites
Thanks Slick,

 

I have just nagotiated a payment plan with Very over 3 years at 0% APR but the amount of chargers on the account have taking my balance over what I actually owe. I will try reclaiming these back along with others as if I can reduce the outstanding balance to what I do actually owe minus the chargers and that negotiate payment plans I am more then happy to payback these debts as after all I did incur them

 

Who is Very laalinz?

 

Is the repayment plan definitely interest free? My OH was offered a plan with one of his creditors and they were planning to add interest.

 

Any charges that you reclaim will more than likely be credited to your balance (although they should only be entitled to arrears at that time) but if it gets your balance reduced then personally I think that is best.

Share this post


Link to post
Share on other sites

Thanks, I did find the other thread.

 

First time I have ever heard of Very!

Share this post


Link to post
Share on other sites

They are wonderful pains in the bums :roll:

Share this post


Link to post
Share on other sites

Have today received a credit agreement from Barclays, so even though they had received my CCA request they have continued to send me letters and try and contact me by telephone calls while I waiting for CCA.

 

How do I scan it onto here?

 

I posted CCA request 31 August 2010.

 

Thanks

Share this post


Link to post
Share on other sites

Hi Laalinz,

 

See here for how to put a document on your thread - http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

They are allowed to continue to seek payments during the 12+2 days they have to respond to the CCA request. They are only barred from seeking payments once the 12+2 days have expired.

 

:-)


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

Hi Slick,

 

They have just sent me a typed copy of their terms and conditions. No actually signed credit agreement. (will try and upload later)

 

Mercers wrote to me a week ago stating that I had until 25th Sep to make a payment with them and today I have received a letter stating that they are instructing a doorstep collector (this was send on the 16 Sep). Why did they either bother with the first letter then saying I had until 25 to make contact?

 

They have now put that many chargers onto my account they have taken me over my credit limit which now means I will be getting chargers for been over my credit limit. arrrgghhhhhh

Share this post


Link to post
Share on other sites

Hi Laalinz,

 

No need to post the T&C's - we've seen them many times before.

 

See here about how to deal with doorstep calls or the threat of them - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit-

 

It's annoying about the charges but fear not !! They can be reclaimed in full.

 

8)


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

What would you suggest my next step with Barclaycard is?

 

Thanks

Share this post


Link to post
Share on other sites

Hi Laalinz,

 

Ltr to BC saying your are in the process of reclaiming the unlawful penalties added to your a/c and are waiting for their SAR response. Tell them to stop all collection activity until this is properly resolved.

 

You can do nothing until you get the data from BC that will enable you to quantify the penalty charges you'll claim back.

 

So use the time wisely to read up on the process of claiming the maximum interest in restitution, on top of the charges. This could put a big whole in the a/c balance. Read the Interest Tutorial linked in my signature. Also read other threads which set out the process.

 

This is one you can read but there are many - http://www.consumeractiongroup.co.uk/forum/showthread.php?271291-Barclaycard-4-cards

 

:-)


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...