Jump to content


I need some urgent advice re: barclaycard


twinkletoes
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6480 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi, I need some help – this is a long post and I apologise for that but I thought it was better that you had all the info in order to best advise me.

 

I am in arrears with my Barclaycard, so I wrote to them in April asking them to hold my account for a month as I was starting a new job and wasn't going to be paid for a while. I did this because I didn't want to get clobbered with another late payment charge, and an over limit charge. They wrote back a month later saying that they would hold the account for two weeks taking it up to 2nd June but that I would continue to be charged fees (in other words making no difference whatsoever to the situation).

 

I must admit I didn’t contact them because I was still not in a position to bring the account up to date, however by this time I had managed to work out (by looking at the statements that I did have and looking at my credit file) that most, if not all of the current balance is actually unlawful fees and charges. I can’t work out an exact figure because my credit file doesn’t show late payment fees (obviously) but I know that there are plenty of them which is why I think they may add up to the whole balance, if not, then it will be very close to it.

 

However, back to the problem, I wrote to Barclaycard last week disputing the balance and telling them that I was pursuing the repayment of these unlawful fees separately and I’ve just received a call from mercers (Barclaycards in house debt collectors) telling me that the account has been passed to them and that they were due to issue a default notice shortly if I didn’t either pay the arrears, or sort out a payment plan with them. The first thing I find strange is that, in my experience, Mercers don't usually get the account until a default notice has been issued so I'm not sure why they're ringing me before that happens.

 

The women I spoke to asked if my situation had changed (referring to my letter asking for the account to be put on hold) and when I told her it had not, but that was irrelevant as I had written to dispute the debt because it was made up almost entirely of unlawful charges (she admitted they had received the letter) she asked why I thought they were unlawful – I told her how they can’t make a profit out of a breech of contract etc to which she replied with a whole speech - I wont bother typing everything she said because you’ve heard it all before but we did have the following argument:

 

Her: and anyway, Barclaycard are reducing the charges soon so they’re not illegal.

Me: I never said they were illegal, I said they were unlawful. There’s a difference!

Her: What’s the difference then?

Me: You can go to prison for illegal things, if something is unlawful it is to do with contract law (wasn’t 100% sure that what I was saying was true, but knew it wasn’t far off).

Her: Well I disagree with that.

Me: Well that’s up to you, but as I am disputing the balance you can’t take any further action against me and that includes trying to collect any of the debt.

Her: Well, I’m settling the dispute now by telling you the charges aren’t wrong (her word, not mine) and you won’t be getting anything refunded.

 

Is she right? Did she ‘settle’ the dispute there and then?

 

I’ve agreed to call mercers back tomorrow, to give me time to get some advice, but I’m not sure what to do. As far as I’m concerned the dispute is still open, but if they say it isn’t where do I stand? If I don’t make a payment plan with them, they plan to issue a default, which just means I’m going to have even more work to do when I start my claim against them. The one thought I have had is that they may have asked mercers to contact me to scare me off from claiming, and that in fact they know they can’t do anything – and that’s why a default notice hasn’t been issued before passing my account to mercers if that makes sense?

 

I can’t afford to send my Data Protection Act request to Barclaycard until payday at the end of the month but have it all typed out ready and waiting, but what do I tell mercers tomorrow? If they are in fact right and the dispute has been settled the only way around it I can think of is to offer token payments for a few months using the excuse that I’ve just started a new job and cash flow is a bit of a problem and hope that my claim will be settled before they want anything else from me.

 

I’m shaking now; I’ve made loads of spelling mistakes typing this, sorry if I’ve missed any, but I was really caught off guard when she phoned – I’ve taken today off work to baby-sit my niece (I’ve bribed her with chocolate and a dvd whilst I type this) as my sister is due to give birth any day now and she’s getting very tired, and was trying to keep an eye on her wrecking the room we were in and concentrating on the phone call too. I should have just told her it was a bad time, but I always think of stuff like this afterwards.

 

The funny thing is it’s been lovely and sunny all day and we’ve been in the garden but as soon as the phone rang it’s gone all cloudy!

Barclaycard - Data Protection Act sent 01/07/06

Barclays Bank -

Capital One - prelim sent 14/06/06 - £939 - LBA sent 04/07/06

Link to post
Share on other sites

However, back to the problem, I wrote to Barclaycard last week disputing the balance and telling them that I was pursuing the repayment of these unlawful fees separately and I’ve just received a call from mercers (Barclaycards in house debt collectors) telling me that the account has been passed to them and that they were due to issue a default notice shortly if I didn’t either pay the arrears, or sort out a payment plan with them. The first thing I find strange is that, in my experience, Mercers don't usually get the account until a default notice has been issued so I'm not sure why they're ringing me before that happens.

 

We have done the step by step instructions for a reason , you have alerted them to the fact that you are reclaiming to soon so looks like they have retaliated but don't worry about that now .When the DCA phone tell them the amount is in dispute.If they continue to phone you then let us know by posting on here.Then just continue with your DPAR as soon as you can.

No she didn't settle the dispute at all , this is why we recommend not talking to them on the phone unless you are recording the call.Ask for everything in writing.

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

Link to post
Share on other sites

Further to MJanet post.

I have just had a similar call from Heatons the solicitors who act for the woolwich. I informed them thaqt I was disputing the balnce and that it had been acknowledged by the woolwich.

The helpful gentleman at heatons just asked if I could fax him a copy of my letter to the woolwich which i did.

He then confirmed that he could do nothing as the amount was in dispute.

And that he would put that in writing for me.

So hang in there and dont worry:)

Link to post
Share on other sites

Hi Twinkletoes,

 

I to am in dispute with Barclaycard and as such they again have got Mercers involved. I have put a payment plan into action and have done thisby contacting the CCCS.

 

It might be worth your while talking with them as they understand how Mercers behave.

 

The way you have been treated by them is similar to my situation and them telling you that the dispute is settled is a complete lie.

 

One word of adviceis notto talk to Mercers again, if they call you up just state you are sekking advice from a debt counselling service andthey will be in contact on your behalf.

 

Hope this helps

 

Dz

Link to post
Share on other sites

Thanks for replying so quickly - I understand what you're saying about alerting them to what I'm doing, but I was in somewhat of a no win situation. If I hadn't written to them to dispute the balance I would have been faced with a default and I was simply trying to avoid that.

 

I've calmed down a lot since I posted, and the more I think about it the more I agree with you that they're just retaliating - During the phone call there was no mention of the balance of the account or the amount of the arrears which is simply bizzare if they really were calling to collect payment. Also, when I asked what date they were planning on issuing the default notice the woman couldn't give me an answer.

 

Normally, I would have told them to write to me - I've done that with other companies when they've phoned me but as I said I was caught completely off guard. At least I know where I stand.

 

Thanks again

Barclaycard - Data Protection Act sent 01/07/06

Barclays Bank -

Capital One - prelim sent 14/06/06 - £939 - LBA sent 04/07/06

Link to post
Share on other sites

Glad your feeling calmer now , and yes it does sound a bizarre phone call.I fully understand how you could be taken off gaurd by it .

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

Link to post
Share on other sites

Further to MJanet post.

I have just had a similar call from Heatons the solicitors who act for the woolwich. I informed them thaqt I was disputing the balnce and that it had been acknowledged by the woolwich.

The helpful gentleman at heatons just asked if I could fax him a copy of my letter to the woolwich which i did.

He then confirmed that he could do nothing as the amount was in dispute.

And that he would put that in writing for me.

So hang in there and dont worry:)

 

Your reply must have been posted while I was writing mine - This very thing happened to me with another DCA, with regards to my capital one account. Originally debitas were dealing with me but they passed the account over to Newman and co the same day I posted my pre lim letter to capital one but they simply asked me to put in writing what was happening for their records and that I wouldn't hear from them again until the dispute was settled.

That's why I was so bothered by my call from mercers.

Barclaycard - Data Protection Act sent 01/07/06

Barclays Bank -

Capital One - prelim sent 14/06/06 - £939 - LBA sent 04/07/06

Link to post
Share on other sites

dzaster, Thankyou, I will bear in mind what you say about the cccs. If I have any more trouble from mercers I'll maybe contact them.

Barclaycard - Data Protection Act sent 01/07/06

Barclays Bank -

Capital One - prelim sent 14/06/06 - £939 - LBA sent 04/07/06

Link to post
Share on other sites

Me: Well that’s up to you, but as I am disputing the balance you can’t take any further action against me and that includes trying to collect any of the debt.

Her: Well, I’m settling the dispute now by telling you the charges aren’t wrong (her word, not mine) and you won’t be getting anything refunded.

 

Is she right? Did she ‘settle’ the dispute there and then?

 

Sorry, I just had to comment on that gem.

 

The cheek of her.... If you wanted to stir things up, you could write to complain that one of their employees seems to be impersonating a judge, since she said she was settling the dispute, and to your knowledge, only a judge was entitlted to do so. You could ask for her credentials to be established to your satisfaction, and if they can not provide them, demand that their staff be re-trained and desist forthwith from claiming that they have the power to settle legal dispute when it is clear that such thing is outside their remit.

 

I would.

  • Haha 1
Link to post
Share on other sites

I have a related query - totally forgot to (but couldn't really afford to) pay my Bcard bill this month, so have just been whacked with a further £48 in charges which has now also made me overdrawn.

 

Obviously I'll be adding these charges to my claim - but should I be trying to pay off the minimum amount (this month: £74.. ouch!) or write to them to say that I'll not be making any further payments to the account until my dispute is settled?

 

Sorry if this info is elsewhere but I have not found it.. :roll:

Barclays - Total charges = £1285. LBA sent - 5 days to comply.

Barclaycard - Total charges = £516. LBA sent - 5 days to comply.

Co-operative Bank - Settled in full - £202.50 received 7 July 2006.

Link to post
Share on other sites

Bookworm you evil genius - I may well just do that! (me. A troublemaker?....... No, never!)

 

I've had no contact from mercers since tuesday, so I think it was just scare tactics from them - feel a bit silly how I reacted looking back. I can laugh at it now though!

 

capt crackers - if I were you, it would depend on how much of the balance is made up of charges. If it's only some of the balance you should really try to make a payment, even if it's not the whole amount, just to show barclaycard you aren't trying to avoid paying what you owe - I did this at the start of last year and after about 4 months barclaycard wrote to me to say they were waiving the arrears because they could see I was making an effort! (bear in mind this was before I knew about this site and that the charges are unlawful).

 

However, if like my situation now, it's the entire balance, and you're really struggling to find the money then it's an option (I'm going to stop short of actually telling you to do it due to what's happened to me).

 

I see you've already sent your dpar so chances are barclaycard already know that you'll be putting in a claim in the near future which is different to my situation - my dispute letter was the first thing they knew about it.

 

If you were up to date with your payments before this month then you're a few months away from a default notice situation, by which time, your claim may have reached it's conclusion anyway.

 

Just some things for you to consider

 

Twinkletoes

Barclaycard - Data Protection Act sent 01/07/06

Barclays Bank -

Capital One - prelim sent 14/06/06 - £939 - LBA sent 04/07/06

Link to post
Share on other sites

Cheers TT. My main gripe here is obviously that they're still charging such whopping fees, despite the OFT's ruling and statement that they would consider legal action against banks if they continued to do so at this current time (is this ever likely? Will they ever actually step in and do anything further?). As far as I'm concerned, the OFT's statement means that the banks should no longer be charging these sums now, therefore I'm very unhappy about paying fresh fees. But I think your advice is the most sensible option - I'll try to keep them sweet if I can and wait for the dispute to be settled, hopefully with a little less sustained damage..

Barclays - Total charges = £1285. LBA sent - 5 days to comply.

Barclaycard - Total charges = £516. LBA sent - 5 days to comply.

Co-operative Bank - Settled in full - £202.50 received 7 July 2006.

Link to post
Share on other sites

i read so far(to the paragraph after the argument)

 

and the exact same thing happened to me, but i wasnt sure if the charges were unlawfull, i managed to make sum small payments but with bgoing in and out of temp jobs lately its been hard paying everything and im now being threatened with legal actions despite writing to them and explaining on the phone my current situation(barclaycard directly not the debt collectors).

 

im useless when it comes to the legal side of banking e.t.c so i honestly have had no idea what to do and im now in a majour pickle that i simply dont have the money to get out of.

 

can anybody give any advice???

Link to post
Share on other sites

Hi all, I had another phone call from mercers on thursday and quite frankly I'm disgusted with them.

 

Firstly, they asked for me by my first name only. A woman then asked, are you still living at such and such address and is your mobile number still ........ I asked why do you want to know that?, who am I talking to? Only then was I told it was mercers and they had to check my personal details - I thought I had to give them those, not the other way round, they could have been speaking to anyone!

 

I told her I wouldn't talk on the phone as I had nothing more to say to them - The account is in dispute, and if she had anything important to say she could put it in writing and send it to me in the post.

 

Well, this morning, I found a nice default notice on my doormat, giving me until 13th july to bring my account up to date - £450 needed. If I had that kind of spare cash lying around, I wouldn't be in the mess I'm in now would I?

 

What can I do to stop this from escalating?

 

Mercers are barclaycards in house dca so barclaycard are responsible for this mess - they've (in my mind) got no right to send me a default especially since they've sent it AFTER receiving my dispute letter.

 

It's getting to the point now where I don't care if they close my account when I've got my charges back because I'll be closing it down myself anyway. I want nothing more to do with them.

 

I've posted my Data Protection Act request to barclaycard this morning by the way.

Barclaycard - Data Protection Act sent 01/07/06

Barclays Bank -

Capital One - prelim sent 14/06/06 - £939 - LBA sent 04/07/06

Link to post
Share on other sites

HI Twinkle,

 

If I were you I would write to them and ask why they have now asked for the balance to be paid in full, after the account has gone into dispute, it may help if you ever do goto court. I would also seek advice from a specialist in this matter, I have already mentioned CCCs but your local CAb should also be able to help.

 

Hope you manage to get this sorted

 

Dz

  • Confused 1
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...