Mercers keep ringing me...what should I do?

[mazel01]

Thanks DM... I just don't know what to do next as they are saying they won't send me anything unless I send in a letter of authorisation with my signature on....help!

[shane5408]

Hi Mazel,

 

sorry, my last post was a bit to vague! Have a look at this thread:

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/106562-make-digital-signature.html?highlight=signature

 

As Duffers Mum pointed out most likely all they hold on you is a pre contractual application form, in which case the debt is most likely unenforcable. Have a read of the thread above and use digital signatures from now on. If they are stupid enough to try and scan it on an agreement you'll know as soon as you see it, then they really are in troube!

 

regards,

shane

[mazel01]

Hi Shane,

 

Thanks for your reply. When I sent the original cca request in I used a digital signature. But now they say that I have to send in a signed authorisation letter. Should I send in another letter authorizing them to send me the info but agin use a digital signature?

[sillygirl1]

Point out to them that your original request is your authorisation, and don't hand sign the letter. I had a friend who was asked for five signatures on a blank sheet recently, she got her five year old to do them....

[shane5408]

simply a stalling tactic by barclays. Sometimes creditors even ask for photocopies of passports / utility bills! Pathetic.

 

You could always sign it in a slightly different manner. Like for eg, if you don't usually use ur middle name then put that in, something like that. As long as you can clearly identify it differs from your actual original signature.

 

Or you could just wait till the 12 days are up and send the cca non compliance letter and stop paying them till they do provide it.

 

regards,

shane

[electron99]

Get someone else to sign the letter, adding your name with pp before it underneath their signature.Secretaries do this for their bosses all the time. If Barclaycard insist you actually sign the letter, tell them you suffer from arthritis and can't write at the moment.

[groovychickmum]

i'd write back asking where within the law of request a cca.does it state you must provide a signature........IT DOESNT

[pt2537]

Yep , too true, you dont have to provide them a signature however , they do have to provide you a true copy of the executed agreement.

 

i cant understand why these companies cant get it right. we understand the law why dont they

[Duffers Mum]

pt - Because they like to think we are stupid, sadly for them, we're not! Barclaycard are a nightmare to deal with, they know exactly what they have to send, but most of the time they also know they haven't got the correct document. I've yet to read of anybody on here who has actually received the proper CCA from them, yet Barclaycard still pass it out to DCAs, carry on charging interest and insisting what they've sent is the correct thing.

[mazel01]

Any help on a letter to send to Barclaycard please would be greatly appreciated....

[pt2537]

personally, i would write back to them pointing out that the CCA 1974 does not require you to provide them a signed letter before they are required to comply with your request.

The CCA 1974 through

Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 requires that they send you the true copy of the executed agreement within 12 working days. i would tell them that you will not send them anything with your signature on it unless they can tell you what law requires you to provide them this info

 

plain and simple

 

regards

paul

[mazel01]

Thanks PT....

[pt2537]

there is nothing which says they need your signature, this is just a ploy to get you to send them it.

 

the law does not require a signature as a means of identification, you only need to look at a passport to see that, its accepted as id but you don't sign it. also no signature on a birth certificate but its accepted as id

 

i would ask them why they expressly want your signature. i bet they wont produce a valid reason, also if the claim for data protection then they are talking out of their bottoms as the Data Protection Act 1998 allows them to establish that they are sending the data to the correct person, however, to establish identity does not mean that you have to give them your signature. it is established that a utility bill and a copy of a passport will suffice in these circumstances and neither has your signature on them so dont let them fob you off with that line

 

just to add: i would also point out that they have not stipulated Data protection as the reason for this request, instead they have quoted the CCA 1974 which doesnot have any reference to you providing them with signed authorisation

 

good luck

regards

paul

[mazel01]

Thanks again PT, you have been a great help to me again.

[mazel01]

In order for us to disclose information and to continue processing your request we will require your signed authorisation

.....

 

ha ha ha ha, sorry I just couldn't resist that after looking at there letter again, asking me to send them in my signed authorisation

[pt2537]

Exactley my point

 

Signed authorisation my **** all they want is a sig to scan onto a credit agreement which they would then send to you saying "heres your agreement"

[mazel01]

Today I have received a letter from Credit Solutions heading 'Formal Demand'. They say they are acting as agents for Barclaycard.

 

I presume that I should send a letter to this lot telling them that the account is in dispute as my request for the CCA has not been dealt with by Barclaycard. Is this correct?

[pt2537]

yep, thats right,

 

in addition they are not following the OFT guidelines on debt collection as this acount is in dispute

 

regards

paul

[mazel01]

Paul,

Thanks for that, also haven't Barclaycard broke all the rules possible by firstly not sending me the CCA and secondly passing the debt over to Credit Solutions whilst its in dispute.

[mazel01]

I am going to send this letter to Credit Solutions, should I add anything else?

I do not acknowledge any debt to your company

A legal request for my Consumer Credit Agreement (Consumer Credit Act, 1974) was sent to Barclaycard by Recorded Delivery, on xxxxx and signed for on xxxxx. Until such times as they are able to comply with this request, the account remains in dispute, is unenforceable and no payments will be forthcoming.

Any further attempts to pursue me for payment on a disputed account will be reported to the relevant authorities without further notice.

 

Yours faithfully,

[mazel01]

Is this ok to send?

[pt2537]

Hi Mazel01

 

how about

 

Dear Sirs

 

I do not acknowledge any debt to your company

 

 

A legal request for my Consumer Credit Agreement (Consumer Credit Act, 1974) was sent to Barclaycard by Recorded Delivery, on xxxxx and signed for on xxxxx.. The document requested should have been supplied within 12 working days as laid down in theConsumer Credit (Prescribed Periods for Giving Information) Regulations 1983. the 12 working days expired on xx/xx/2007 and as such the account entered into a default situation under the Consumer Credit Act 1974 and the debt is presently unenforceable . Until such times as they are able to comply with this request, the account remains in dispute and no payments will be forthcoming.

 

Since this account is clearly in dispute, you should cease all collection activity until the dispute is resolved. The Office of Fair Trading Guidance on debt collection clearly defines what the Office of Fair Trading consider unfair practices and should you ignore this correspondence and pursue me for this debt you will be in breach of the Office of Fair Trading guidance, for the avoidance of any doubt I have listed the relevant sections below ( Taken from the Office of Fair Trading Debt Collection Guidance,Final Guidance On Unfair Business Practies, July 2003. Updated December 2006)

 

“2.6 h. ignoring and/or disregarding claims that debts have been settled or are Disputed and continuing to make unjustified demands for payment”

 

 

“2.8 k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt “

 

 

Any further attempts to pursue me for payment on a disputed account will be reported to Trading Standards, the Financial Ombudsman Service and the Office of Fair Trading without further notice.

 

 

Yours faithfully,

 

 

 

 

regards

 

paul

[vandermerwe]

Hi Mazel

 

PT (and I'd like to think a few others:Dare doing our best to help you.

 

I've just sent a PM to PT with a couple of very minor suggestions, as I don't think their publication of the thread would necessarily help your cause.

 

Please remember my mantra "one for all and all for one" (I've got a couple more but not releveant here:)

 

Good luck

 

Vandermerwe

[mazel01]

I take it my letter was too brief .....

[pt2537]

No i dont think so, however, what i added merely puts them on notice that you are well informed as to your position(and theirs) and that you wont take no fob off or any other such nonsense

 

they will be aware that you know the legislation thatthey are likely to quote and that you are also aware of the Office Of Fair Trading and other such enforcement authorities.

 

thats all i was thinking

 

Regards

paul