Moneyhelp Vs Barclaycard **WON**

[rory32]

Those look far to comfy for a good kick up the arse. Try these instead...good old doc martins (in pink)

 

[sea-sidelady]

I love those boots Rory....

 

Pink AND butterflies...!!!

[moneyhelp]

Oh my gawd and there's me the biggest Doc Martin queen ever - they are so cool Rory

[**Tilly**]

ooh i love those boots and so pink lol

[moneyhelp]

Letter from FOS today.

 

Just an acknowledgment.

 

We are currently receiving very high volumes of enquires and we will provide you with a full response as soon as we can.

 

At least I now have a reference number and an email address to contact.

[buffyoo7]

hi money glad to see your still hanging in there sent you a little boot from fearne

Buffy xx

[moneyhelp]

Awwwww Buffy they are so cute

 

How's tricks with you?

Great to see you back posting

[**Tilly**]

good you have heard something money they know you are kicking ass:D

[sea-sidelady]

So the kicking the *** did the trick! And at least you will feel like you are moving again.

[maxine989]

Hi MH... hows you doin' me old barclays basher pal?

 

I have had a quick look through your thread... seems you are still waiting and are feeling much like I was with it all.

 

I didn't give up... but I had stopped being on the ball with it all with all these cases being stayed all the time... but do not loose faith!!

 

Today I had an offer from Barclaycard AND a letter about my complaint from the FOS. So they are dealing with things... it's just taking time... lots of time!! I think the FOS letter to Barclaycard must have prompted them to make me an offer. It is for the full amount of charges levied, plus costs, plus the 8%. I would like to carry on and fight to get the 27.9% (as I could pay my cards off with the extra)... but I haven't got the energy anymore so am going to accept the £1783.20.

 

So.... Tell... what's happening with you and what can we do to help???

[moneyhelp]

Hi Maxine - long time no hear hu.

 

Not been doing much the last couple of weeks as I was knocked down with flu

 

So an update is in order I guess.

 

Got a letter from FOS 6th October in response to my complaint about Mercers saying they have asked Mercers to deal with the matter and I should get a response within 8 weeks.

I now have Mercers business address:

Mercers Debt Collections Limited

Barclaycard House

Norwich Way

Kirby

Liverpool

L32 8XN

Also got a letter from Mercers dated 19th October sent to my old address:

"Default notice served under section 87 of the consumer credit act 1974"

Dispite a recent letter from Barclaycard, you still are behind with payments on your account.You must make payment of £xxxx.xx before 5th November.

Helpline 08701540193

 

I thought my account was in dispute and therefore they cannot serve a default?

Anyone know where I should now go with this? I want to nail these asses to the wall but have no idea where I go now.

Any advice?

[maxine989]

Cor blimey... you could do with a payout soon then really.

 

At least you have got the FOS on the case... it was when they (the FOS) intervened that Barclaycard offered to pay up in my case. Let hope that something comes from that soon.

 

So... are you paying anything to Mercers at the moment? Would it be best to contact them and offer to pay a little amount in the meantime so you don't get any more hassle from them? Sometimes you can offer a very small amount and it will get them off your back long enough to try and get a settlement out of barclaycard... then you could use those funds to pay off what you owe.

 

What about your court case? How far did that go? As far as I am aware all credit card claims are still all systems go at court so don't give up. Who is your claim against? Mercers or barclaycard?

 

I would write a letter back to the FOS telling them that you are being harassed by Mercers and what your current claim stands at.

 

It's all stress isn't it??? And I have noticed recently that a lot of banks have begun to change the stucture of their charges... giving you until mid-day the same day a direct debit goes out to get the funds in before being charges... yet other changes mean you can get charged daily for being o/d... so in the end they reap in more charges... it's a disgrace.

 

I really dislike banks. They aren't how they used to be... they are in it to get as much money off us as possible these days.

[moneyhelp]

Hi Maxine

 

Yes I am going to email FOS and let them know what Mercers are up to - I didn't put my N1 form in, I wanted to get Mercers sorted first then go for my claim.

I have found this that Chris posted in Halifax forum, do you think it would be an idea to send a copy to Mercers & Barclaycard?

I thought I could by law stop payments to Mercers as my account is in dispute, thats why I have not paid them. Where do I stand on all this, anyone know?

 

Dear Sirs

 

 

Ref:

I refer to your “Final Notice” dated XXXX in which you state that it essential that I telephone your office immediately. I will not be telephoning your office. (obviously adjust this paragraph depending on what rubbish they have sent you following their default)

 

On XXXX I wrote to you requesting a copy of the credit agreement you hold in my name, under the Consumer Credit Act 1974 (Sections 77-79). On XXXX a member of your staff signed for delivery of my written request, and I have an electronic proof of delivery showing his/her signature and the date. This is where your recorded delivery comes in as you can check when they signed for the CCA request on the Royal Mail website under track and trace.

 

A copy of the credit agreement should have then been supplied to me within 12 working days.

 

The general effects of sections 77-79 requires the creditor/owner (in the case of a hire agreement) under an agreement for (fixed-sum credit, running account credit and hire agreement) to provide the debtor/hirer with a copy of the executed agreement and a statement of account on request.

 

 

To date you have failed to respond to my request.

 

I still require you to send me a true copy of the original credit agreement that allegedly exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law. I have made a reasonable and lawful request for a true signed copy allowed by the Act. Indeed, The Office of Fair Trading (OFT) states that “if a creditor/owner fails to comply with a valid request within a period of 12 days (not including the date of receipt of the request) he may not enforce the agreement at all. This prevents enforcement with or without a court order. If a default lasts for a month (for example a calendar month) it constitutes an offence.

 

A ‘true copy’ of an agreement principally consists of the terms and conditions of the agreement and the statutory content of the agreement. Additionally, the creditor must supply the total sum paid under the agreement by the debtor; the total sum which has become payable under the agreement but remains unpaid; and the total sum which is to become payable under the agreement by the debtor (the latter two must include the various amounts comprised in that total sum and the date when each is/was due.

 

I must advise you that any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account.

 

I expect no other communication from you in respect of this matter except for confirmation of compliance with my requests.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me

 

 

Yours faithfully

 

[slick132]

Hi Money,

 

You could point out they are in breach of OFT Debt Collection Guidelines under Sections 2.6(a); 2.8(i) and/or 2.8(k).

 

These relate to frequent contact (harassment); failure to supply info; failing to acknowledge amounts in dispute, respectively.

 

Slick

[moneyhelp]

Thanks Slick - I'll get a letter in the post tomorrow.

[slick132]

Money, was just wondering if there was anything you could add to help Sunshine on this forum. Advice has been a bit thin so far although DMDave's been in re CCA aspect.

 

Still need help on BC nicking funds from Barclays Bank a/c - the Bankers.

 

Take a look maybe.

 

Thanks, Slick

[maxine989]

I think filing the N1 would be a good idea, then you can prove that your account is in dispute.

 

I know it's often difficult to find the cash to take them to court... but you ought to get the ball rolling otherwise they will just keep fobbing you off.

[moneyhelp]

I think I am going to request my CCA agreement from Barclaycard as I am getting nowhere with Mercers.

 

Yes I agree Maxine - N1 time me thinks, these asses have got on my last nerve for long enough - time to kick ass again me thinks.

 

Keep ya posted.

[moneyhelp]

Just called Barclaycard and spoke to a helpful young lady.

 

Asked her who holds my account, Mercers or Barclaycard, apparently it is still with Barclaycard! asked why the hell am I getting threatening letters from Mercers demanding full payment or else - she had no idea!

They deny receiving my request for my credit agreement and any letter from FOS -told her I have proof that they did receive them. The data protection team is going to get back to me about my refund of charges and my credit agreement is in the mail today.

She advised me to continue with my payments even though my account is in dispute - I will wait and see if this agreement turns up and if it is the original before I make any payments. I will wait 10 days then file my N1 for my charges, the interest is adding up nicely!

[slick132]

I hope they come back to you as promised but don't hold your breath. lol

 

Slick

[overflow]

Hi Money

 

Thank you for the click.

 

Ive been reading up on your thread , wow, they are certainley giving you the run around.

 

Put the N1 in and GO GET EM.

 

Regards & good luck.

[rory32]

She advised me to continue with my payments even though my account is in dispute

Well she would wouldn't she

[moneyhelp]

Well no copy of my agreement - no surprise there!

 

Got a call from Barclaycard this morning wanting to know how she could help resolve this issue.

 

She wanted to know how I came to such a high amount of interest, I told her I was claiming 27.9% interest as that is what they are charging me! She proceeded in explaining that the courts are agreeing on 8%. So as a compromise she would half my original figure, which still amounts to more than the 8%. I told her I had been offered £59 refund in charges, which I had refused. To find out it was added to my account anyway in July!

She was really helpful and wanted to resolve this before I put my court claim in on Tuesday.

I was made an offer there and then and a promise of everything in writing and a copy of my credit agreement, so...

 

 

I have accepted their offer and am now done with ALL my claims - I would just like to thank everyone for their help and encouragement, when at times I wanted to say sod it all.

 

Good luck to all those still claiming - and never give up!

 

Can I please have WON on my thread - fankoooooooo.

[sea-sidelady]

 

About time too!!

 

And have a good day tomorrow.....

[slick132]

Hi MH,

 

Well done on your win, and let us know it comes through as promised.

 

 

Slick