MKDP claimform +£10k Barclaycard 'debt' ***Claim Dismissed with Costs***

[victoria_siempre]

Hi all

 

What do I send next to Bcard - if anything?

 

CCA requested for very old MSDW card. Received usual reconstituted application form.

 

Dodgy DN issued by Mercers.

 

A/c in dispute letter sent to Bcard + holding them responsible for Mercers harassment.

 

Letter and doorstep visit (told to Foxtrot Oscar) from Resolvecall but no confirmation from either Mercers or Bcard that they are who they say they are.

 

Today: 2 statements from Bcard.

 

1. Mercers are now dealing with your account...'

 

2. '...your card has been withdrawn.

 

3. 'Your card has now been canceled....' And £0 credit limit shown.

 

4. Interestingly no Late Payment Charge for Oct but £12 on all preceding ones.

 

None of this overly troubles me but I wonder if I should write querying the nature of assignment to Mercers and/or does 'Your card has now been canceled.' mean that the agreement has been terminated.

 

Or do I just let dying dogs lie for now?

 

Any advice gratefully received.

 

Best wishes

 

vic

[slick132]

Hi VS,

 

Have you reclaimed any or all of BC's penalty charges on the a/c. This can usefully reduce the balance owing on the a/c.

 

While the a/c is being handled by Mercers or Calders, it's still owned by BC so there's been no Assignment of the a/c. I'm not sure if the cancellation of the card constitutes formal Termination of the credit agreement although it does sound like it.

 

Has there been any mis-sold PPI on the a/c.

 

8)

[victoria_siempre]

Hi slick

 

Thanks for the reply.

 

No PPI on any of my cards.

 

There will be no significant penalty charges previous to the last few months.

 

I have not reclaimed these yet because I don't want to SAR Bcard yet; softly, softly catchee monkey.

 

I follow your point about assignment and that Mercers are merely acting as 'agents' and Resolvecall as apparently self declared 'agents of agents', so I'm happy to leave that for now and continue to hold Bcard accountable for agents' (whether double or trip) breaches of OFT guidelines.

 

I am still unsure whether to ask them to confirm termination given that Mercers' DN is deficient in the usual ways; I know this will be viewed as a technicality in the end but the end may be a good while yet and maybe every little helps?

 

Best wishes

 

vic

[slick132]

Hi VS,

 

Comments about charges and PPI noted. Make sure you keep all statements so you have the details to reclaim charges when you want.

 

BC will not agree the a/c is in dispute and will maintain they've complied with the obligations imposed by s.78 CCA 1974, by sending out the agreement and/or T&C's.

 

Any penalty charges would constitute a dispute but only once you have approached BC for a refund. If there are only recent penalties, you will not benefit much by claiming compound interest. So you may be just as well to reclaim them on a simple spreadsheet, thus saving you the hassle of taking BC to court.

 

8)

[victoria_siempre]

Thanks slick

 

The essence of comedy is timing so I'll stay a while yet.

 

“Dying is easy ... Comedy is hard.”

 

best wishes

 

vic

[victoria_siempre]

Hi all

 

I've got some weird reply from Bcard computer; I think because I told Mercers to Foxtrot Oscar because I don't have any money.

 

Anyway, my reply is: (and the ref no is I think generic so don't panic site team):

 

Dear B. Mistry

RESPONSE TO FINAL RESPONSE

Ref: 100DVTKV

I note your letter dated November 16 which I received today.

I note your comment that, “For the purposes of the Financial Ombudsman Service please consider this to be our final response.” And that you invite me, “...to ask the Financial Ombudsman Service to review your complaint and that you have six months from the date of this letter to do so.”

I have no record of the complaint to which your answers in your final response refers.

Your final response appears to bear no relationship to the correspondence that I have sent to you.

I understand that you say that, “Our agents are trained to gather and understand information so that they can make decisions regarding your accounts, with the intention of helping you resolve any problems you may be experiencing.”

To be helpful to you, FOS guidance indicates that your final response should include:

 

1. ‘Our understanding of your complaint’
   
2. ‘Our findings from the investigation’
   
3. ‘Our decision’
   

Should you choose to clarify your position in accordance with FOS guidance I might be happy to accept your invitation.

Love as always

 

vic

 

PS I'm saving up for a scanner - cheaper in the long run - not on the I&E

[victoria_siempre]

Hi guys

 

Episode 2

 

I have just rang Resolvecall to arrange a home visit on the basis that:

 

“Our agents are trained to gather and understand information so that they can make decisions regarding your accounts, with the intention of helping you resolve any problems you may be experiencing.”

 

This appeared to confuse them somewhat.

 

After some delay, I was advised to call 0844 257 8535, which is intelligently rerouted to Mercers (if that isn't an oxymoron).

 

Happy days

 

vic

[slick132]

Hi Vic,

 

That is, indeed, a great oxymoron !!

 

8)

[victoria_siempre]

Hi guys

 

A brief update.

 

Notwithstanding having sent the above, Mercers have pressed re-set on their wordprocessor.

 

I've just got a 72 hours warning! Of another visit from Resolvecall. Dated 4 days ago.

 

I've put t'kettle on for them and stopped feeding the dog so he has an appetite for fresh meat.

 

x

 

vic

[victoria_siempre]

Hi all

 

Just had a call from Calder which I answered (I know, but I get bored at times).

 

Refused security to a cold call and asked them to write, which they said they would.

 

Then phoned (I know, but no security) Barclaycard to complain about further harassment given that complaint has gone to FOS etc. etc..

 

Nice chap responded, come through on wrong line etc etc, they will call me back on my 'death phone' number; can't wait really.

 

From a (their) business perspective, what is the point of all this?

 

"For everything else, there is Barclaycard."

 

love

 

vic

[victoria_siempre]

Hi all

 

Update.

 

No call back from Ms Mistry so phoned Bcard, office closed, so called Bcard (India) and explained problem - lack of response - eventually put through to 'Calder' and reiterate my complaint.

 

So, when they say "I have not responded to their contact......"

 

For everything else there is Barclaycard.

 

Happy days, but we'll see what tomorrow brings

 

love as always

 

vic

[victoria_siempre]

Hi all

 

Update:

 

Glad confident morning, with a letter from the Sally Ann asking for £9 (a good cause) and a letter from Calder demanding £1100 within 7 days (I have allegedly failed to contact them) or else:

 

• bailiff
  
• attachment order (interesting one with no income)
  
• a local collector (welcome back Resolvecall)
  

And, o yes, the sky may fall in.

 

"Laugh, I nearly cried, and I was in it".

 

No 'phone calls though strange that.

 

Love as always

 

vic

[rockwell304]

Hi Victoria, I had a similar situation with BC, Mercers, Calders etc. Finally I had a very stroppy letter from Calders saying a home visit had been arranged. We have two Kerry Blue terriers who take a dim view of intruders. Also we live in a very remote rural location. Needless to say nobody called.

Eventually Debt Managers took it on - also BC I believe!. Now Moorcroft are writing offering 30% discount.

Happy days!

[victoria_siempre]

Thanks for the support and info rockwell.

 

Still no written response from Barclaycard.

 

No more 'phone calls since my stropette. And no visits.

 

I am now preparing my letters to Santa; complaints to FOS and OFT ready to post 1 week prior to Xmas so everyone has plenty of time to respond within their customer service deadlines.

 

love

 

vic

[victoria_siempre]

Hi guys

 

Brief update to help others.

 

I've had no response to my letter to BCard, including offer of £1 pm.

 

I receive daily calls from |Calder.

 

I've just rung Calder (I know) 'to discuss the matter'.

 

They acknowledge my correspondence and offer; they will be 'selling my debt on at the end of the month', no threats or demand for payment and they promise they will send a notice of assignment.

 

So far, so good; I'm now writing to Santa to ask for Truecall.

 

love

 

vic

[slick132]

Hi VS,

 

If you want your offer of token payments reconsidered by BC, why not contact National Debtline and see if they can advise you and perhaps even approach BC on your behalf.

 

BC may consider your offer differently if it's suggested by one of the debt help agencies.

 

8)

[victoria_siempre]

Hi Slick

 

Thanks for the support.

 

For the benefit of others, NDLine don't negotiate on behalf of clients because they don't operate DMPs; they would pass one on to CCCS if one had sufficient 'surplus' income. CAB do for a limited number of cases only. So NDLine have advised me to go it alone, with some very good advice that is not dissimilar to a lot of CAG thinking.

 

I might not be that bothered about a sell-on, based on a very dodgey CCA and DN from Mercers. It's nice to have a variety of experiences to inform my learning over the next 6 years. I am not frightened of DCAs; having been married for 25 years, I have some experience of dealing with ludicrous demands.

 

I shall not, however, make thing easy for the enemy; my FOS complaint is:

 

details of the business you think is responsible for your complaint

 

 

their name

Barclaycard

their address

(include postcode)

 

Customer Relationship Unit

P.O. Box 5402

Northampton

NN4 1ZR

their phone number

0844 241 2978

 

 

details of the adviser or business who originally sold the product or service

you’re complaining about (if different from the name above)

 

 

their name

 

their address

(include postcode)

 

 

 

their phone number

 

 

 

the kind of product or service you’re complaining about

please tell us the

name and type of the

product or service

Credit Card

 

… and any reference number you have – for example:

your account (or loan/hire agreement) number and

sort code or your policy number or your claim number

 

xxx

 

 

 

 

 

please tell us what your complaint is about

 

Failure to comply with OFT ‘Debt collection guidance’ http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf;jsessionid=20893FE666B15033D657C77570EF4396

 

Including, but not limited to: 2.6 c.; 2.6 f.; 2.6 j.; 2.7 g. 2.8 k. 2.12 a..

 

Failure to reply to correspondence of offer of repayment. (My letter of November 18 2010).

 

Failing to respond meaningfully to telephone calls reiterating offer of repayment.

 

Appearing to operate a blanket corporate policy of refusing a minimum acceptable payment of less than 0.5% per month regardless of my circumstances. (Telephone conversation with Calder Dec 15 2010)

 

 

If your complaint is about the sale of payment protection insurance (PPI), you will also need to have completed the separate consumer questionnaire. You may have done this already – if you have already complained directly to the business you think is responsible. If not, you can download the questionnaire off our website – or phone us for a copy on 0300 123 9 123.

 

time limits may apply to your complaint – so we need to know the following dates

 

day

month

year

§ When did the advice, transaction or poor service that you’re complaining about take place?

16

Nov

2010

§ When did you first complain to the business you think is responsible?

xx

Oct

2010

 

 

 

 

 

 

 

just a few more questions

§ Has the business you’re complaining about given you its final word on the complaint?

Please enclose a copy of the last letter you received from the business.

YES NO

 

§ Has there been any court action relating to your complaint (or is any planned)?

* If YES, please enclose copies of relevant paperwork.

*YES NO

 

§ What do you want the business you’re complaining about to do, to put things right for you?

 

1. Agree to conduct debt collection activities within OFT guidelines.

2. Agree a schedule of token payments based on my ability to pay in accordance with National Debtline’s Common financial Statement.

 

 

 

please give us any other details that you think will help us understand your complaint

 

I applied for Morgan Stanley Dean Witter Gold credit card on xx 2000.

 

All payments, interest and charges were paid without question until I lost my primary employments in May 2010.

 

I first wrote to Barclaycard on 12 June 2010 informing them of my financial difficulties.

 

I contacted National Debtline and have followed their advice.

 

Barclaycard’s correspondence is obfuscatory; their agents (Mercers, Resolvecall and Calder) engage in activity that appears to breach OFT guidelines, e.g. an unannounced home visit from Resolvecall by a chap wearing a fluorescent jacket bearing a prominent logo.

 

Barclaycard refuse to reply to my offer of an affordable repayment schedule.

 

 

accessibility

__________________________________

 

I think that OFT's recent ruling on MBNA has direct relevance here.

 

x

 

vic

[sillygirl1]

Barclaycard seem not to be able to handle debt collecting at all in a responsible manner, surely this should be part of the Consumer Credit Licence for ALL people, including head office operations.

 

They must have lost a few million by people getting fed up with the letter tennis (or ping pong) and departments not knowing what the other lot are doing, and the disgruntled customer finding CAG and learning the gameplan...

 

Well done for confusing their threatomatic machine and phone drones.

[slick132]

Hi VS and thanks for the useful info about National Debtline.

 

I'll bear this in mind when advising others.

 

8)

[victoria_siempre]

Hi guys

 

Brief update (and I'm using threads as a diary).

 

Just had a blocked call from Calders so i rang back. Still no written response from BC.

 

Calders reiterate they won't accept £1 pm and will sell debt on and will hold calls for 14 days. Seem a bit twitchy about recent OFT - MBNA ruling.

 

x

 

vic

[victoria_siempre]

Hi Guys

 

MKRR have 'phoned me with an automated yet unanswered call from 03333440648, which I believe now carries a £2 mill max fine.

 

I have a NOA of sorts assigning a Bob Diamond account (for which I had an agreed repayment plan of £1 p.m) to an an entirely different entity but no NOA thereafter to MKRR (A trading style of Compello Operations Limited).

 

This mob think it's a Goldfish yet my records show it originates with Morgan Stanley Dean ...

 

Oh dear, they won't talk without security, so why do they call?

 

x

 

v

 

PS There was a high of 28 guests, I guess tracking Bob Diamond rather than MKRR. Is there a difference between legacy and sustainability? Is Barclays 'clean' yet?

Edited August 14, 2012 by victoria_siempre

[victoria_siempre]

Hi guys

 

 

Vic (dx will remember) needs some help.

 

MKDP have issued a claim form (issue date 23 inst)

with their bog standard POC (including a 410 sterling court fee);

an alleged old Barclaycard account (date 2000) for 10k plus.

 

I have made a CCA1974 request to the claimant.

 

I have acknowledged via MCOL with deny all.

 

 

Some context:

last payment was 03/12 of £1;

the account is in dispute because they would not place a default on my CRA file.

 

Barclaycard failed to provide a valid CCA agreement.

 

From my perspective, a CCJ is no big deal;

I have no assets, a joint, interest only mortgage with no equity

and only part-time employment at the age of 63.

 

I think that I understand the nature and purpose of CPR31.14 request

specifically relating to their POC and I am drafting that now.

 

I am unsure as to what further information I might reasonably request via a part 18 request:

for example, statements of account from inception to action

(including penalty charges and interest thereon) ;

variations in T&Cs;

NOAs along the way, and so on.

 

My drift here leans on statute (including the European Credit Directive)

and that MKDP inherit the obligations of Barclaycard with regard to my consumer rights.

 

My thanks, as always, are extended to CAG folk who have helped me along the way,

especially but not exclusively, dx

(my father was born of Sauchiehall and was an International Brigader);

so, in the grand scheme of things, this is small beer indeed.

 

 

“In sooth, I know not why I am so sad:

It wearies me; you say it wearies you;

But how I caught it, found it, or came by it,

What stuff 'tis made of, whereof it is born, 5

I am to learn;

And such a want-wit sadness makes of me,

That I have much ado to know myself.”

 

 

Love

 

 

Vic

[dx100uk]

welcome back

 

I have merged several threads for the history

 

dx

[slick132]

Hi there Vic,

 

Info about CPR requests here - http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here&p=2871965&viewfull=1#post2871965

 

Do you have any statements for the a/c while it was active and/or having interest and penalty charges added.

 

When did the a/c go into default.

 

[victoria_siempre]

Hi slick

 

Thanks for the CPR link on which I am pondering deeply to utilise a part 18 request to harvest evidence prior to MKDP’s purchase of the account and their assumption of duties as well as rights.

 

A DN notice giving inadequate time for remedy was served by Mercers in August 2010 where the alleged balance is shown as some £800 less than is now claimed by MKDP. I do not have statements from the inception of the account with Morgan Stanley Dean Witter in the year 2000. There are a number of £12 over-limit charges post the defective DN arising from continued interest charges applied to an account with a reduced credit limit. I am sure you get my drift and, for example, I have letter from Calder threatening legal action in November 2010 for a sum some £200 less than is now claimed.

 

As an aside, the default date on my CRA file posted by Barclaycard is significantly different from that posted by MKDP; this all seems to me to present a picture of, at best, incompetency that, on a balance of probabilities, renders any reconstructed documents or ‘ we would have done this…’ somewhat implausible.

 

Thanks again for your support.

 

Love

 

Vic

Edited June 4, 2014 by victoria_siempre
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