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Barclaycard have passed my £3800 ex-Egg debt onto Mercers? - CCJ coming?


GothBoy
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Hi GB,

 

Did the PO refuse the FREE Certificate of Posting or RM Special Delivery ?

 

:-)

 

The actual Certificate of Posting. He said that because he saw me put an uncrossed PO in there it has become 'cash' and therefore he couldn't issue it. He stuck a stamp on it and told me to put it in the post box outside! The other letters he gave me certificates for and posted them inside the Post Office! :noidea:

 

Daniel

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Perhaps it would have been different if you'd crossed the PO and named Barclays Bank PLC as the payee.

 

Hey, Ho .............. :wink:

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Perhaps it would have been different if you'd crossed the PO and named Barclays Bank PLC as the payee.

 

Hey, Ho .............. :wink:

 

It's all done for you these days, you have to tell them who it's for and they do it electrically. Stuff that!

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Right - My CCA has been received! I came from Barclaycard and not Mercers, to whom I applied.

 

 

It consists of (italics are my thinkings):

 

  • A single page containing a box with "Your Right To Cancel... blah blah short time info" with my name and address underneath. The rest of the sheet is blank, no info about what this relates to.
  • THIRTEEN sides of A4 of Egg Credit Card Agreement, I'm only referred to as "you, the person who signed this agreement". No personal details at all. Credit limit "We will set and tell you the Credit Limit from time to time". APR at 16.9% given.
  • THREE A4 sides of Barclaycard Conditions, with my name and address on at the top. No Credit Limit. APR at 21.9%. Page 2 marked "Creative Visual" and says it's an initial creative visual and hasn't been checked, to paraphrase.

Letter that came with it has lots of legal guff, saying that the Absolute Assignment has been sent to the relevant dept and they will reply directly. States fees, APRs et.c in the supplied documents differ from those on my account. Also says "We know that your account is not in dispute because of any delay in providing your copy documents as Section 78 (6) (b) was repealed on the 31st May 2008".

 

 

It gets interesting when they give me a statement of account. The Credit Limit is wrong, way off (less than I owe!), and my current balance is over £3k less than it should be!

I'm thinking they don't know what they're doing! :jaw:

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Right - My CCA has been received! I came from Barclaycard and not Mercers, to whom I applied.

 

 

It consists of (italics are my thinkings):

 

  • A single page containing a box with "Your Right To Cancel... blah blah short time info" with my name and address underneath. The rest of the sheet is blank, no info about what this relates to.
  • THIRTEEN sides of A4 of Egg Credit Card Agreement, I'm only referred to as "you, the person who signed this agreement". No personal details at all. Credit limit "We will set and tell you the Credit Limit from time to time". APR at 16.9% given.
  • THREE A4 sides of Barclaycard Conditions, with my name and address on at the top. No Credit Limit. APR at 21.9%. Page 2 marked "Creative Visual" and says it's an initial creative visual and hasn't been checked, to paraphrase.

Letter that came with it has lots of legal guff, saying that the Absolute Assignment has been sent to the relevant dept and they will reply directly. States fees, APRs et.c in the supplied documents differ from those on my account. Also says "We know that your account is not in dispute because of any delay in providing your copy documents as Section 78 (6) (b) was repealed on the 31st May 2008".

 

 

It gets interesting when they give me a statement of account. The Credit Limit is wrong, way off (less than I owe!), and my current balance is over £3k less than it should be!

I'm thinking they don't know what they're doing! :jaw:

 

So basically they havent complied with your CCA request. Meaning they dont have the correct paperwork to enforce the debt.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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To be honest, I thought they had. I'm naive when it comes to this, I should understand it but my legal background is in a different area.

 

I must have applied for it online as it was an Egg card so there wouldn't be a signature. I just assumed, maybe somewhat wrongly, that the information complied. I could always scan it if it's useful; after all, there's only one line needs redaction! :razz:

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They may have complied adequately for the purposes of your CCA request.

 

But it sounds like they may not have a copy of a properly executed credit agreement which is why they've put together some sort of reconstruction.

 

Keep us informed of further events on this.

 

:-)

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They may have complied adequately for the purposes of your CCA request.

 

But it sounds like they may not have a copy of a properly executed credit agreement which is why they've put together some sort of reconstruction.

 

Keep us informed of further events on this.

 

:-)

 

This is where I sound stupid but what does it mean if they don't. I thought that executed agreements weren't needed any more, especially as this is a post April 2007 debt.

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Hi GB,

 

Sorry, I overlooked the "On-Line Application" element so there would not be a signed agreement anyway. In this case, they should still have a document personal to you showing that you ticked the relevant box.

 

Wait to see how the FOS respond to your complaint about them refusing to allow the PPI policy to pay up when it should have done. What was the last you heard on this from them.

 

:wink:

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I think I've confused you regarding the insurance. That was PHI with Friends Life who refused to payout on spinal damage as they said I couldn't prove I was in pain!

 

Regarding Barclaycard, I've written to Mercers asking why I've had this demand when less than two weeks previous I had entered into an informal agreement. I still await an answer. Should I be able to get a copy of the original CCA with a tick box or not?

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If this was an on-line application, there should be a copy of the document but it'll just have a tick box and no signature.

 

Are you pursuing a claim with PHI to get them to cough up.

 

:wink:

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I am definitely pursuing the PHI, it is worth £1,200 per month so would mean I won't have to claim benefits. Given that I've been trying to get it since October 2011 if I do then there should be quite a backpayment. :-D

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  • 3 weeks later...

Right,

my second Barclaycard account has now been passed to Mercers and I've received a demand for payment.

 

I'm going to send the same letter as the one advised for the former Egg account and demand my CCA.

 

This one was taken out at a Fresher's Fayre at University in 1997,

I didn't even know exactly what I was signing for (other than a Barclaycard)

as I seem to recall being told it was just a formality to get the Fresher's goodies they were handing out.

No credit check or anything as it was all done on a clipboard.

... oh the olden days!

 

I still haven't received a letter from Barclaycard about assigning the first debt to Mercers as I was promised!

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Hi Gothboy,

 

What's happening with the PHI issue which you've been pursuing for 17 months so far ?

 

:wink:

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Hi Gothboy,

 

What's happening with the PHI issue which you've been pursuing for 17 months so far ?

 

:wink:

 

Listen to this for a shocker:

 

I got my documentation through at Christmas after a SAR to them (they were about 2-3 weeks late as I had to remind them).

 

The amount of paperwork that arrived was unbelievable, certainly over 1000 pages.

 

t took me until February to read through as most of it was practically illegible.

 

I sent them a letter 15th Feb (the PHI company) stating that there was a lot of information that they should have

as they informed me they were requesting stuff from my lawyer and medical records.

There were HUGE reports missing that were vital to my case.

 

I sent them down on the 15th and asked if this changed anything and could they reply in two weeks either way.

 

I got a holding letter on the 18th saying I would have an answer within 2 weeks.

 

I got a letter on the AFTERNOON of 19th March saying nothing's changed

and if you want to complain to the ombudsman you have until 24th March as we class our letter in September as the Final Response!

I freaked out, the 23rd and 24th are this weekend and I only had a second class stamp.

 

I immediately emailed the FOS and explained that I had been given effectively three days to get a complaint to them.

I then realised you can't complain properly by email and as I am disabled I cannot use the phone.

 

I had to quickly fill in the FOS form, pull together as much info as possible and drive up to the Post Office to get it sent just as it was closing. I

am embarassed to say I was unfit to drive due to the situation but I made sure I was extra careful.

Even if I lose now I'm going to make their life hell for doing this. :-x

 

I spent yesterday in bed it knocked me out I was so ill.

 

Today I've developed Parkinsonism (not Parkinson's Disease but the same symptoms) for the first time

and I can only put this down to my system going into shock.

 

If I could swear on here I would!

 

Still, always more fights to start!

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Hi GB

 

Did their letter last September actually SAY it was their final response in the matter.

 

:-)

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Hi GB

 

Did their letter last September actually SAY it was their final response in the matter.

 

:-)

 

It did but as the SAR showed there was a LOT of vital information missing I sent it to them and asked for a quick response as I knew I might have trouble relying on that information if it went to the FOS. I was more annoyed that their 'maximum two week' response turned into a month!

 

Still, the FOS now has a file going :whoo:.

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Well I got a CCA reply on the second Barclaycard, the one that was a student account from 1997. It had a much different tone than the Egg one and was rather abrupt and accusatory at times. Anyway, they said that they had included a reconstituted copy of the agreement and T&Cs but no matter how hard I look I just cannot find it in that envelope. Is this possibly a delaying tactic while they actually cobble something together? :twitch:

 

Regarding the Health Insurance issue, the FOS are now looking into it and I should have a reply in 8 months. :|

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Hi GB,

 

They often say something's enclosed and forget or don't bother.

 

I'd drop them a line saying :-

 

 

I refer to your letter of xxdate.

 

No credit agreement, reconstituted or otherwise, was enclosed so please forward this as soon as possible.

 

If the original document is not available, please confirm this in writing.

 

:wink:

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  • 4 weeks later...

So,

FINALLY got a response to my letter I sent telling them the CCA was missing.

 

It was a letter saying that they would send the agreement 'in due course'.

They really just don't care.

It also implied they'd send the original from storage,

so why did they think they could send a reconstituted one

(even if it was missing) if the original was available anyway?

 

Shower of poo, as my mam would say.

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Lol,

 

Keep us updated please.

 

:-D

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I received a letter today with my original application in. The copy is so bad I can only make out the bits I filled in, the printed text is all but unreadable. There are no T&Cs at all (I never thought there were), nor APR from what I can make out. It's all on one side of A4, most of which is my details (twice), my uni course details, mother's details and bank details!

 

I will try and get a scan up later but it will be mostly black, as it's a terrible copy!

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From what you say and describe, you really don't need to scan the document.

 

It's not good that they've found the Application Form and you'll have to wait and see what action they take next. Even with the T&C's missing, the availability of the Application Form may make it easier for the DCA to take further action.

 

:-)

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The ''agreement'' must be easily legible and contain the Ts & Cs.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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From what you say and describe, you really don't need to scan the document.

 

It's not good that they've found the Application Form and you'll have to wait and see what action they take next. Even with the T&C's missing, the availability of the Application Form may make it easier for the DCA to take further action.

 

:-)

 

I've received 'warning' letters from Mercers for both Barclaycard accounts I have. I wrote to them and asked why my informal token payment agreement had been unilaterally and unfairly withdrawn and got a response from Barclaycard themselves. They basically stated that as long as the informal agreement wasn't breached and I paid my £1 per month then I could ignore anything from Mercers as they were just going through the motions but no further action would occur.

 

It seems sensible that they do this because I simply do not have the money coming in to enable anything more than the token payment and if they took it to court they'd be likely to get nothing. Even a charging order on my house would have to wait until I sold it, which would likely be upon my death in hopefully around 60years+!

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