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!

[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?

[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!

[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

[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??

[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.

[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!

[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

[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.

[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?

[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.

[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.

[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!

[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?

[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.

[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!

[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.

[Duffers Mum]

Thanks Red, up until a few months ago I never had any charges on any of my accounts, so the charges make up only a small amount of the debt, the debt itself is not that large (£4K) so I think i'll hold fire on the SAR for now and wait until I'm in a position to do the F&F thing, they I can negotiate them down (hopefully) although as stated above they will be last in the queue anyway

[Duffers Mum]

Red - I've tried all that, they just reply with letters asking me to ring them I sent that letter to Goldfish and they stopped interest and charges which I wasn't expecting them to do as they appeared not very helpful when I first contacted them, B/C are just a law unto themselves unfortunately, from reading on here I know I'm not the only person to find them stubborn and unhelpful, be interesting to see if they take me to court over it, not sure how long that takes but hopefully i'll be in a position to at least pay off some of my creditors next year and then I should be able to restart at least the minimum payments to the ones who've not given me any assistance - appreciate all your help

[Duffers Mum]

Well I've written a letter today (and the same one to Sainsbury's who are also being stubborn) telling them i'm continuing to make payments as a gesture of goodwill, that they continue to be in default, that I have reported them to TS and the Ombudsman (even though I've still to do that bit!), I'll probably have a few more letters from Mercers, but I will just CCA them if they send anything else and await another copy of my application form! I can be just as stubborn as they can, I'm sure as somebody mentioned above that Barclaycard think all their customers are stupid, well this one isn't! I'll keep this thread updated as when I receive any further correspondence from them. One good thing about this postal strike is that its keeping the letters away from the mat!

[Duffers Mum]

Hi Red, I've always sent my letters to the 1234 Pavilion Drive, NOrthampton address, I'm sending my letter off tomorrow and will head it in big letters COMPLAINT as you suggest. I've found Sainsbury's who are in cahoots with Halifax, I believe, to be just as obstructive, and have acted in exactly the same way I even received their Default Notice the same day as I received Barclaycard's. They too only sent me a copy of the application form. Still waiting to hear back from TS, if I've heard nothing by the end of the week I might try giving them a ring, I suppose it could be because they are inundated with complaints about Barclaycard, but an acknowledgement from them would at least let me know they have received my emails, can't get good customer service these days for love or money! I'll keep you posted btw, thanks for the reputation comment