Barclaycard

[miss muppet]

Bit expensive at £4. odd tho, you haven't really got a third party involved, its only Barclays by another name!

[tiglet]

I know - but at least that way you can prove it.

[Duffers Mum]

Tiglet - thanks for that I didn't know that! I guess eventually it will show on the royal mail web site. I had this with Sainsburys a while back and then sent another CCA request to a different address and they both ended up on the RM web site showing as signed for, just the original took much longer. Therefore its possible they have received it, however I will send another anyway along with my letter to Mercers.

[Duffers Mum]

Well despite sending letters to both Barclaycard and Mercers, I've received another letter from the latter stating they will be sending a debt collector round, I made the mistake then of ringing them, to ask whether they had received my letter, the moron I spoke to just kept saying they wouldn't accept what I'd offered and a debt collector would be calling, this is despite me advising Barclaycard and Mercers that B/C are in default as they haven't supplied my CCA, seems it makes no difference to them. I am really upset over this now, so much so that i've cancelled all future payments and am awaiting a call back from my local Trading Standards Office. Really don't know what I should do now, any ideas?

[alfwithhair]

Mercers and Barclaycard will not answer anything you ask them. I am still waiting for reply to letters sent in January.

 

Tiglet is right they do sign a bulk sheet for their mail but you can get a copy of this if you need proof your letter was delivered. Read my other post.

 

http://www.consumeractiongroup.co.uk/forum/general-debt/114555-r-subject-access-request.html

 

Next thing your account will be padded on the RMA or Allince one without any warning or notification like mine was.

[Duffers Mum]

I have checked with royal mail and they have confirmed my original letter was delivered. The second letter I sent I didn't send recorded so I will send again this time recorded. I have since managed to speak to Barclaycard Collections Dept where I must admit the girl was very polite and not rude and obnoxious like Mercers, I advised her I had sent 2 letters, 1 at least I know has been delivered, she said it takes up to 2 weeks for letters to show on their systems. This company really takes the biscuit. I'm sure my rather ferocious dog will look forward to a visit by a door step collector. I have looked up the telephone number of the local police and will ring them if they call. I have advised Mercers of this and that I have not invited anybody from their company or associates of theirs onto my property and as such they will be trespassing. Trading Standards were useless and told me to contact the Financial Ombudsman.

[miss muppet]

I must say DM that although Mercers local TS said they couldn't deal with it as Barclaycard like complaints to be dealt with by their local TS i.e Northampton, threatograms to daughter have stopped, altho not phone calls to OH who having won case before OFT test case, had case restoration stayed - still to deal with that!! Keep your spirits high, they are full of hot air.

[Duffers Mum]

I've emailed Northampton Trading Standards just to see what they have to say, my local trading standards were useless! I refuse to be intimadated by these bunch of (i was going to say muppets, but maybe not bearing in mind your ID!) idiots, I will continue to write to Barclaycard and TS until I get the answer I want. They obviously don't have the CCA else they would have sent it, they seem to think that sending the application form and terms and conditions is enough to satisfy their obligation. I'm sure they know its not, but are obviously hoping their customers don't realise this. Surely they know people subscribe to sites like this one. I can cope with Barclaycard, its the threats of doorstep collectors that I don't like, although hoping that is just, as you say, hot air.

[alfwithhair]

Mercers will send no one round. I have had all the

I will be calling today cards/all poppy cock to get you to phone them.

Even if they do come round, just tell them to clear off or you will ring the Police.

 

I wouldn't lose a wink of sleep or worry about Mercers. The are just a bunch of T***ers.

[little_e]

I sent letter recorded delivery to Barclaycard on 6th Sept and have not had response - think I should refer to financial ombudsman?

[basmic]

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Edited October 23, 2009 by basmic

[little_e]

have just found email address for barclaycard and have sent them email giving 7 days to contact or will go to financial ombudsman as they have failed to correct information on cra - they sold debt but still showing as due

[Duffers Mum]

Basmic - are you still paying them? As they've annoyed me so much and haven't sent me the correct documentation I've suspended my payments to them, although wonder now whether I should continue to pay anyway? I never give anybody my landland number, and I never give any financial companies my mobile number either, Barclaycard did ask for it yesterday, I just laughed and said "good try, but no chance, in writing only please"

 

Little e - I would be grateful if you could either post the Barclaycard email address on this thread or PM me?

 

I'll keep you all updated, must admit I don't feel quite so bad today, especially after upsetting the idiot I spoke to at Mercers, who didn't like it when I told him I was rather surprised he could actually speak English as he seemed to have trouble reading it!

[little_e]

Hi Duffers mum

 

Have just rec'd a reply from barclaycard . not a standard email - my email has been replied to by a real person. Okay its says that I will receive a reply with seven days (watch this space)

 

[email protected] - thats the email address I used

 

My situ was different in that I entered into a Protected Trust Deed, which I must add has now been discharged - but yes they kept phoning until I got my Trustee to contact them - but Barclaycard sold the debt to Max Recovery who accepted settlement. However Barclaycard is still showing the debt as outstanding.

 

Just remember that you are not the first person to be in this situation and will not be the last and I know it seems hard going at the moment, but things will improve in time.

[basmic]

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Edited October 23, 2009 by basmic

[miss muppet]

Everyone has to do what's right for them but basically CCA law says that if the OC can't come up with a properly executed agreement legally you can stop paying after 12+2 days and an application form is not the afore-mentioned. Incidentally DM, spoke too soon, daughter got "pay up within 48 hours or else" from Mercers to-day:evil: Time for a complaint to FOS me thinks!

[Duffers Mum]

Have been away on holiday and come back to a letter from Barclaycard replying to my letter to Mercers, basically stating they have done everything correctly and that they were in the right to send a Default NOtice. Well i've just found a CCA Agreement I had when we took out a loan with the Halifax a few years ago and the so called CCA that Barclaycard sent me is not like this at all, I am going to try and get hubby to scan in the one I received from B/C but to tell the truth its pretty poor quality so doubt much will show. It clearly states though that I have 7 days in which to cancel, the one from Halifax states we should have given you a copy of this agreement at least 7 days ago to allow you time to consider whether or not to go ahead. Am I right in thinking that the Halifax is a properly executed CCA (it has APR, monthly repayments , amount of loan, monthly interest rate etc, the so called CCA from Barclaycard shows my employment details and cleary shows "your right to cancel" B/C state in their most recent letter " as far as we are aware we have met our obligations and are not in default as you suggest...." They also attach another set of the Barclaycard Conditions, Credit Card Agreement regulated by the CCA 1974.

 

They have also referred my comments regarding doorstep collectors calling to the appropriate department to deal with these matters!

 

I obviously want to reply to them but surely I must be right in that a properly executed CCA would not show my employer details? Any advice?

[pt2537]

Employment details are pretty irrelevent.

 

the first issue i would have is that they are required to send a legible copy as laid down in the The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 SI No. 1557

 

Legibility of notices and copy documents and wording of prescribed Forms

2.-(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the colour of the paper

 

 

i hope this helps

 

regards

paul

[Duffers Mum]

Thanks for that, I might go back to them and ask for a clear copy. The reason I asked about the employer details is that I wouldn't have thought they would be showing on an actual CCA. I'm finding all this very confusing, I don't know how I can prove its not a CCA if they say it is, I guess I'd have to wait and see if they take the matter to court. I'm continuing to pay them a nominal amount every month. If Mercers send any further correspondence I will CCA them, just to get them off my backs for a while, be interesting to see what they send and in what timescale.

[pt2537]

you dont need to prove what they sent you isnt a credit agreement, what you would be challenging is its enforcability. what they have sent you, if its indeed illegible is not in compliance with the CCA74 and the subsequent regulations

 

the document they sent MUST by law contain the required prescribed terms for it to be enforcable. again if the prescribed terms are missing(any of them) the document is not enforcable

 

also, since B/Card sent you an application form i would look at S59(1) CCA 1974, applications to enter into future credit are void and unenforcable

 

If they say it is a CCA then ,as we know what they have sent is not enforcable (based upon the info you have provided) it would be up to the judge to decide upon the agreements enforcability. since the document they sent is illegible i cant see how a judge could enforce it

 

regards

paul

[pt2537]

I also wouldnt write to them, its up to them to send you the right information ,,not for you to do their job for them and chase them

 

if you sent a CCA request and have proof of delivery plus a copy of you letter then you are fine.

 

if you wrote to them telling them that what they sent originally did not comply then you have done more than you need to. i would wait til the 12 working days plu 30 calender days pass then wait til they demand payment, then i would inform trading standards, if TS dont help or say its not up to them, then you need to assert that Enforcement of the CCA 1974 is their responsibility and you are reporting that BC have committed an offence which you want them to investigate, if they refuse then a letter to your local MP is in order

 

regards

paul

[Duffers Mum]

Paul - thanks for that, I have already emailed Northampton TS but they haven't even bothered to acknowledge my email. The 12+30 days were up in September, I've just looked at the document they sent me again and I can read it ok (I think I was getting it mixed up with the Sainsbury's one which isn't), nobody from Barclaycard has signed this so called agreement and at the top is says "if you have been asked to forward documents with your APPLICATION please remember to enclose original copies. I have a feeling I applied over the net for this card and this is the document they sent me for my signature before issuing my card, they should then have sent me another copy with their signature on it (as the Halifax one mentioned above) B/C state that by sending me the T&C's and this form they are complying. I have no doubt they try and pull this one on all their customers asking for their CCA (from reading on this forum its standard practice from them) - makes you wonder if they actually know what an executed CCA is!

[The GodMother]

well as you have just pointed out duffers mum i dont think a lot of companys do know what a cca is.

[reduk054]

well as you have just pointed out duffers mum i dont think a lot of companys do know what a cca is.

and some OC/DCAs just hope that the debtor does not know what a CCA is either, and hope that we will be scared into paying on the back of an application form LOL

 

Duffers mum, I think that BC are a real tough cookie to deal with. IMO I would pay what you can reasonably afford (I am sure that you are not disputing the debt/or that it is statute barred!!!), until at least this situ is clarifed one way or another. I think you posted a similar slant that it is better to pay something rather than nothing!

 

Any way, I hope that you find a resolution, and would be interested to hear the title of the dept that deals with door stepping!

Good luck

Red

[Duffers Mum]

Red - No I'm not disputing the debt or trying to find a way out of paying it, I merely needed 12 months to try and get myself a bit straighter, I will continue to pay what I can each month, but its eaten up by their charges and interest so kind of defeats the object doesn't it

 

I have emailed Northampton TS again regarding B/C, should I inform B/C that I have reported them to TS? I think they realise now that I'm not going to be fobbed off by their claims that they have not defaulted etc, I'm following the same line with Sainsburys, these are the two that are giving me problems, my other creditors have stopped interest/charges and accepted my payment offer, obviously these will be at the top of the list when I am in the position to make f&f settlement offers, which I hope will be sometime next year - B/C and Sainsburys can sing for their supper as they haven't helped me in any way at all.