Barclaycard

[Duffers Mum]

The next creditor to respond to me was Barclaycard, depsite my sending them my income & expenditure sheet, a letter explaining what I could afford to pay and a subsequent letter informing them of how much I owed each of my creditors, Barclaycard have responded with:-

 

Thank you for your recent communication, please ring us (on an 0870 number) to discuss matters.

 

I'm not going to ring them obviously, after my experience with Sainsbury's there seems little point, do I just sit now and pay what I've offered and then see what response I get, or should I send them another letter stating I will only deal with them in writing?

 

Advice gratefully received from all you extremely knowledgeable people!

[PriorityOne]

I would just wait and see what other garbage they send you... it was probably a standard letter that got sent out.

[gizmo111]

Just pay what you have offered, if they send you any sensible letters then post here and we wil lcomment. The ycan't have what you don't have how ever much they want threaten you.

[Duffers Mum]

Thanks guys I have popped a letter in the post today, advising that I wish all communication to be in writing, and will continue with my reduced payments.

[Duffers Mum]

Hi I've searched everywhere for my original Barclaycard thread but its disappeared I originally wrote to Barclaycard asking them to accept reduced payments, they keep sending me letters asking me to ring them and I keep sending letters back saying I will only deal in writing. Should I just continue to pay what I've offered until eventually they get the hint that I won't be ringing them?

[gizmo111]

Hi I've searched everywhere for my original Barclaycard thread but its disappeared I originally wrote to Barclaycard asking them to accept reduced payments, they keep sending me letters asking me to ring them and I keep sending letters back saying I will only deal in writing. Should I just continue to pay what I've offered until eventually they get the hint that I won't be ringing them?

 

Thread found and merged with this one. Yes continue to pay what you have offered.

[Duffers Mum]

Gizmo - thanks I couldn't find it for love or money unfortunately even using the search facility - must try harder!

[Duffers Mum]

I've had a think about this over the weekend and Barclaycard continue to send me these stupid computer generated letters asking me to ring them even though i've written telling them I'll only deal with them in writing, they are still charging interest and late/over limit fees so I've decided to send a CCA to them instead lets see if they respond!

[miss muppet]

Oh, they will Duffers Mum, they will send you a copy of the priority application form along with sep.copy of the T&C's if they go according to form (I've been dealing with my daughter's account)sorry to depress you, have found they are one of the really bad ones to deal with, they will probably pass you to the infamous Mercers who will then kindly set one of their local agents on you, i.e. postcard through door (pay up or we're gonna get you )er no actually its me gonna get you - reported them to the local cops, got incident number and then rang same local agent who quaked in her shoes, just get threatograms now!! Don't worry you'll get stronger as you go along:cool:

[PriorityOne]

Mercer's are part of Barclaycard.... and a priority Application Form may just turn out to be what it sounds like; an Application Form.

 

One they've received a bog off letter in response to their threats to send someone to your door, most DCA's tend to play it a bit more by the rules.

 

[Duffers Mum]

Ah they are welcome to send anyone they like, my wonderfully fierce dog usually lets people know if they are not welcome! My Barclaycard account like most of my accounts are many years old, we're talking probably around 10 years, I doubt they'll even still have a copy of it, let alone the CCA. So if they send an application form, they will get another letter back telling them its just that, if they persist in sending threatening letters etc they will be reported to trading standards etc etc. They will also join Sainsburys at the bottom of the queue when it comes to making a full and final settlement. If only they'd all play as nicely as Marks & Spencers have. Thanks for the advice

[miss muppet]

Well done Duffers Mum, you're getting the idea - I've only got three cats and one of them is 15 with no teeth but she could give a nasty lick, plus she's pretty handy with the claws, similar vision to Garfield at the window!

[Duffers Mum]

True to form Barclaycard sent a copy of my application form, signed by me, but not by them along with their T&C's. I've now received the standard "pay up or well transfer your account to Mercers" letter, should I now respond saying you've not sent me the CCA agreement only an application form which merely proves I applied for a card? I've drafted the following, is this ok to send (i'll wait until Monday which is when the 12 days are up!)

 

I sent you a CCA Request on 13 August which you duly received. The documentation you supplied to me is incorrect under the Consumer Credit Act, in that it is merely an application form which proves I did nothing more than apply for a card for yourselves. It shows my signature, but unfortunately no signature on behalf of Barclaycard. This alone makes the debt unenforceable. Under the Consumer Credit Act you are obliged to send me a copy of the properly executed document which should show my credit limit, repayments, APR etc. The copy of the terms and conditions you provided are those relevant at today’s date and not when I applied for my card in ??? You have until ?? to provide me with the correct documentation, after that date you will be in default and as such this account is now in dispute. Whilst an account is in dispute you are unable to continue to chase for a debt or transfer it to another collection agency, therefore your veiled threats to instruct Mercers to send me a default notice are of no consequence to me.

 

You have declined to respond to any of my letters offering reduced payments due to financial difficulties, merely sending standard letters asking me to ring an 0870 telephone number. I have advised you on numerous occasions that I will only deal with you in writing, yet you persist in sending these letters.

I find it rather amusing that you are quite happy to quote your rights under the Consumer Credit Act yet refus to comply with my requests under the same Act.

 

Grateful for any advice - thanks

[Duffers Mum]

Anyone??

[PriorityOne]

True to form Barclaycard sent a copy of my application form, signed by me, but not by them along with their T&C's. I've now received the standard "pay up or well transfer your account to Mercers" letter, should I now respond saying you've not sent me the CCA agreement only an application form which merely proves I applied for a card? I've drafted the following, is this ok to send (i'll wait until Monday which is when the 12 days are up!)

 

Thank you for your letter of xx/xx/2007.

 

However, an Application Form does not comply with a legal request for a true copy of my Consumer Credit Agreement (Consumer Credit Act, 1974); received by yourselves on xx/xx/2007.

 

Therefore, until such times as you are able to comply with this request, the account remains in dispute, is unenforceable and no payments will be forthcoming.

 

Yours faithfully,

 

Grateful for any advice - thanks

 

 

[Duffers Mum]

PriorityOne - Thank you, thats marvellous, just realised their 12 days are already up (its Sainsbury's who run out on Monday!) so I'll type up what you've written and send it recorded delivery tomorrow.

[debtsurvivor]

Subscribing - like your style DuffersMum, sounds as though we are facing similar problems, keep posting let us know how you are getting on.

 

PriorityOne does some great letters, demostrates clear thinking.

 

Regards

 

DS

[tiglet]

subbing

[moneyhelp]

Watching this one with interest - no pun intended

[Duffers Mum]

Well I sent it recorded delivery but when I checked yesterday there was nothing on the royal mail site I will check again today. I'm slightly worried about stopping payments, but why should I continue to pay them if they won't meet me halfway and accept reduced payments for a few months and stop interest and charges. I'm sure once they don't receive next month's payments the letters will arrive asking me to ring them, ring them, ring them......I will write back and say no, no, no! I'll keep you posted!

[miss muppet]

Fantastic DM, that seems to remind me of a song - lets all go to debtor's rehab and we say no no no!

[Duffers Mum]

Well according to Royal Mail web site Barclaycard still haven't received my letter and today I am greeted by a lovely letter from Mercers, who Barclaycard shouldn't have passed my debt to as they haven't supplied me with the correct CCA. What do I do. Shall I resend my letter to Barclaycard and also send the same letter to Mercers, or should I send a separate letter to Mercers or CCA them? Advice gratefully received

[miss muppet]

They did this to us too, don't CCA Mercers, as you say Barclaycard should not have passed the account over as presumably they are in default, point this out to Mercers and ask for Barclays for a copy of their complaints procedure, if you go down this route you can then report Bcard to FOS. I reported them to Mercer's TS, very helpful TS said they can't deal with it as Barclaycard like their own Northampton TS to deal with their complaints, anyway since I did that for OH and daughter, Barclaycard have gone back to chasing daughter which is sort of an improvement on Mercer's! Probably time to send your file of papers to your local TS.

[Duffers Mum]

Got a letter ready to send tomorrow to Mercers and also another one to Barclaycard telling them they haven't complied and as such the debt is in dispute, unenforceable and no further payments. Can't understand why my recorded delivery letter never got there, although I doubt they'd have taken any notice of it anyway.

 

I must admit to be getting a little nervous now that a third party is involved, but I suppose thats what they hope and I've just got to be positive, i know they've only sent me an application form, however I do worry they might mock up a CCA with my signature, which is quite clear on the application form, I'm not even trying to get out of paying, I just wanted a bit of help from them for a few months, not too much to ask after years of being a customer, but these companies are so greedy. I've also asked in my letter for a copy of their complaints procedure and will have no hesitation in reporting them.

[tiglet]

Recorded is not always signed for - if it's a bulk sheet, they will sign for all recordeds at the same time.

 

Only way to guarantee a sig is special delivery.