Barclaycard issues reconstituted agreement , with demand for payment

[diddydicky]

i take it they have rear gunners on the milk floats where you live then:D

[intree]

Thank you all

 

I have faxed them the letter from the template, so hope they will get the message now.

[oilyrag]

May as well DD but they got rid of the floats sometime ago, Tesco's and Iceland's armoured cars deliver to the estate across the road now.

 

It is a very sad fact however that Her Majesty's Inspector of Constabulary made the following comment in his report a couple of years ago and I quote: "The standards within XXXXXXXXXX Police Service are nothing more than those of the common criminal" end quote. Following this and a very highly publicised case of animal torture and abuse by officers, followed by their conviction it was admitted that there a further 13 serving officers who had convictions for serious offences which included drug dealing, assault, fraud. I don't need to go on and I think you can work out which service we are talking about. An admission of 13 means that there are considerably more criminals as serving officers.

 

Not the sort of thing that commands or earns respect.

 

And this is hi-jacking intree's problems.

[diddydicky]

May as well DD but they got rid of the floats sometime ago, Tesco's and Iceland's armoured cars deliver to the estate across the road now.

 

It is a very sad fact however that Her Majesty's Inspector of Constabulary made the following comment in his report a couple of years ago and I quote: "The standards within XXXXXXXXXX Police Service are nothing more than those of the common criminal" end quote. Following this and a very highly publicised case of animal torture and abuse by officers, followed by their conviction it was admitted that there a further 13 serving officers who had convictions for serious offences which included drug dealing, assault, fraud. I don't need to go on and I think you can work out which service we are talking about. An admission of 13 means that there are considerably more criminals as serving officers.

 

Not the sort of thing that commands or earns respect.

 

And this is hi-jacking intree's problems.

 

yes i'm afraid that as in all walks of life there are bad apples in the barrel-the met seems worst than most forces- i put it down to poor recruitment standards- they get desperate at times for recruits and lower the standards

 

years ago there was no way you could be a copper with criminal convictions- and now you can!! - although some would say it takes a theif to catch a theif

[intree]

Hi all just a update

 

I have today received another 48 Hour notice from mercers collections, for one of the cards..... which I will ignore

 

However for the other card with 5K on it they have transfered it to CALDER finance who have I think sent me a demand/DN which gives me 7 days from date of letter to pay £478.00 arrears or they will start County court action for collection and recovery of the full amount!!

 

Please can anyone advise me

 

Thank You

[lickthewallfatboy]

more calder/mercers/barclaycard crap

 

file under ignore-they're giving stupid people a bad name

[Hardupnotfedup]

Obviously the account is in dispute, so write to Calders finance teeling them to pass the account back to mercers to reemedy the dispute, they shouldn't pass on accounts whilst in dispute

[oilyrag]

Hi intree,

 

As Lick the Wall says you can ignore because Barclaycard is Mercers is Calders (read the tiny print at the bottom of Calders paperwork). It is just the desk across the gangway. However depending on what you already have this might be termination particularly if you have a Mercers Default Notice. These are always defective on several counts and the threat of court action for the full sum can be interpreted as unlawful recission of the alleged agreement(if there ever was one) on the back of a defective DN. The full arguments are presented in the Invalid Default Notices thread by diddydicky and vint.

 

The overwhelming weight of opinion is that unlawful recission should be accepted by deed, (either write or stop paying) and then they can only ever claim the exact amount of arrears due at the time of termination not the full outstanding balance. Plus this leaves them open to a claim for damages as well from you for the unlawful termination as per the Koprahor case, if memory serves correct then that was against the Woolwich another Barclay shambles.

 

There are some good acceptance letters here on the forum if you want to tailor them to your own needs.

 

regards

oilyrag.

[intree]

thank you all for responses - I have already accepted the termination, they have also provided no agreement so I am just going to ignore until I hear from them via Court...........

[intree]

UpREGrdate I hav just received letters from CALDERS in regards to two Barclays accounts for which, they have sent no agreements, they have been sent the in dispute letters, then they terminated the accounts and then these vultures come along, in their latest letter they are asking for full payment of both accounts within 7 days, failing which they threaten a number of what they call "consequences".

 

I am surprised that they continue as they have no agreemntent and the account is in dispute, but BARCLAYS DISAGREE as always.

 

Advice appreciated as always

[alfwithhair]

Just ignore them.

their so called 'consequences' will be another letter, another call and another postcard, all of which you will ignore. Eventually they will be bored and sell it to some muppet like Lowells or 1st Credit.

[intree]

Thank you so much for the advice, I have now received a Bright yellow card, with warning in bold letters on it from a Company called AIC in glasgow..........................they advise me to make immediate payment or face the possibility of severe action.

 

Are they a Joke as B/C has never sent me any Agreement at all/.?

 

They just make me sick as I have written to each one and then another appears - they are the lowest form of life I have come across.

[intree]

bump - for advice pls

[intree]

AIC have just sent another card indicating that as I have not contacted them they will now, pursue the matter through county court...............dont know how as they dont appear to have a signed CCA..........................PRATS

[lickthewallfatboy]

once the Mercers brand name gives up,expect their other inhouse identity "Calders" to try their luck

 

it's like dealing with a schizophrenic moron

 

not that schizophrenics are morons per se,before anyone kicks off.......

[intree]

Thank you for the advice LTWFB, they are really the worst I have come across - well AMEX and Smile are bad too thinking about it.!!!!

[Drederick Tatum]

Any updates on this?

[intree]

Hi I have today received a response from Barclay card, together with a RECONSTITUTED credit agreement for the above account for which they have made no contact for three years indicating they have now complied with Sec 78 of the Consumer Credit Act 1974

 

They state " I enclose a reconstituted copy of your credit agreement together with the terms of your credit agreement as varied in accordance with section 82 (1) of the Act"

 

The full amount of £1900 is now due

 

This completes and satisfies our obligations under the Consumer credit act 1978.

 

Thank you

 

Kimberly Crosby

Barclaycard

 

also included is a few sheets of printed docs from 2007 and some dated 1998, card was taken out in 1993

 

SO ANY ADVICE IS APPRECIATED AS ALWAYS PLEASE

[AndyOrch]

Reconstituted version of Agreement are quite acceptable in the case of section 77/78 requests....but of no use if they issue a summons and wish to rely on it for enforcement purposes if your agreement is pre 2007.

 

Regards

 

Andy

[intree]

Hi Andy

 

Yes I took it out in 1987/88 they have previously indicated that the accounts were not collectable through their acceptance that they have no signed agreement, today they have sent me two for both agreements pre 2007 and also for a Egg agreement which was taken out in 2001 again with no signed agreement supplied - with the prescribed terms.

 

It appears to me they are trying to play games again, they did this back in 2010, when Carters were their DCA, but with your help I managed to see them go away until today and out of the blue when this and other RECONSTITUTED agreements arrived with them.

 

Thank you for your help

 

I can confirm they have never been able to furnish a signed agreement, but what concerns me is that they are trying to issue proceedings based on documents which they have dated 2007 and one dated 1998, so not sure what they are planning.

[AndyOrch]

I would disregard it then Intree until such time a summons is issued.They know they are on shaky ground so do you...testing the water hence their demand?

 

Regards

 

Andy

[intree]

Thanks for your kind advice Andy

 

I will keep you posted if/when they do issue a claim.

 

Thanks

[Tonster]

Reconstituted version of Agreement are quite acceptable in the case of section 77/78 requests....but of no use if they issue a summons and wish to rely on it for enforcement purposes if your agreement is pre 2007.

 

Regards

 

Andy

 

Andy

 

Does this mean that if the agreement was signed 2007 or later that they can use a reconstituted agreement for enforcement in court?

[dpick]

Andy

 

Does this mean that if the agreement was signed 2007 or later that they can use a reconstituted agreement for enforcement in court?

 

Yes all they have to show is that you had the goods/money post April 2007

 

dpick

[Tonster]

Yes all they have to show is that you had the goods/money post April 2007

 

dpick

 

Ah, not good. Agreement signed post April 2007 (not that they have an original of any kind) and they have now sent some reconstituted agreement.

Was hoping they would still need an original to enforce in court

 

They claim the account was opened in May 2007 but without the original signed agreement how do they prove that? It could have been early April I guess?

Edited January 31, 2013 by Tonster