Barclaycard CCA, they want my signature!

[Under Siege]

Thanks Godmother,

 

Duffers Mum,

is Northampton TS Barclaycards local TS?

[Duffers Mum]

Under Siege yes it is, the link is:-

 

Northamptonshire County Council - Trading Standards

 

[harvest]

Hi Under Seige (thanks for all your help on my thread btw)

 

Can I clarify that from your earlier posts on your thread that your account with Barclaycard/DCA is in Serious Dispute for two reasons:

 

1. They have failed to send you a properly executed agreement under CCA 1974 AND
   
2. You have issued a claim for repayment of charges on the account

Is this the case? And, if so, does it strengthen your hand or not make much difference to the DCA's ability to go to court - i.e. if you are disputing charges and the lack of an agreement will the court look more favourbaly on you and will the DCA likely hold off because you have both issues in dispute?

 

Bit long winded but I hope you see my question in all that. Thanks

[Under Siege]

Hi Harvest

 

I have not even started with the charges yet!

 

I sent a CCA request and they have virtually admitted in 2 letters that they do not have it.

They have however passed the account on to Mercers and they continue to charge me fees and interest which is illegal.

[Under Siege]

OK these muppetts are winding me up now.

 

Ive still no CCA (must complain to Trading Standards this week), passed on to Mercers.

So I sent Mercers the usual bog off letters and telephone harassment stuff.

Now they are phoning me at 9am on a Sunday morning (when I have a hang over)

Who do these people think they are?

Are they above the law?

 

They ignore my CCA requests

They ignore my complaints

and they ignore my request to stop telephone calls.

[The GodMother]

Well as they have been sent the telephone harassement letter l would start logging the calls and complain to the OFT as that is against the guidlelines on debt collection.

 

Which will result in them in trouble. You could also start a harrassement case against them in court.

 

Chrissi

[Under Siege]

I'm having a good old laugh at Mercers.

 

I have just received a letter threatening to "visit me at home" oooo I'm petrified!

 

The letter starts - "We have been unable to contact you" however I have a whole file of correspondence and a letter from Mercers themselves dated 7 days earlier which starts - "Thank you for contacting us"!!!

 

I am now of the opinion that Mercers are just a bunch of unorganized chimps with typewriters knocking out random letters and ignoring all incoming post.

[Under Siege]

[Under Siege]

MERCERS CHRISTMAS PARTY

[The GodMother]

lol US

[Duffers Mum]

Under Siege - Time to get on to TS about the muppets, since I've got them involved I've heard nothing from either B/C or Mercers, its bliss!

[sarah1975uk]

having a good chuckle at this threat, keep up the good work guys and gals your doing GREAT!

[Under Siege]

I have finally received a copy of my credit agreement (only taken 3 months!!)

And whilst at first I was gutted that they produced it I have just realised that it has not been executed !!

Nothing at all not even a stamp !

 

Should I continue to ignore their threats?

[MikeSplicer]

Hi US

I finally rcved an alledged agreement it looks like a faxed copy and is totally unreadable, I can't say for sure if its got all the prescribed terms cus I can't read it :-| .

 

I have got together a reply in this thread if your interested.....

 

http://www.consumeractiongroup.co.uk/forum/general-debt/116891-barclaycard-re-action-2.html

[Under Siege]

Thanks Mike

[Under Siege]

Getting back to the point that my alleged agreement has not been executed (signed or stamped) by Barclaycard. I am of the opinion that it is unenforceable. However, as expected the phone calls and letters are starting again and I am wondering how strong my position is?

 

If this was to go to court, what would a judge say?

 

I will try and post a copy this afternoon or over the weekend.

[pt2537]

Getting back to the point that my alleged agreement has not been executed (signed or stamped) by Barclaycard. I am of the opinion that it is unenforceable. However, as expected the phone calls and letters are starting again and I am wondering how strong my position is?

 

If this was to go to court, what would a judge say?

 

I will try and post a copy this afternoon or over the weekend.

 

Right then

 

probably not what you want to hear so apologies

 

if the only flaw in the agreement is the missing signature, it is possible that a judge could enforce the agreement providing you have signed it and it has the prescribed terms

 

the agreement without the creditors signature is unenforceable by the lender but is enforceable by the court

 

Regards

paul

[Duffers Mum]

Under Siege - Why not get in touch with Trading Standards in Northampton? Since their involvement in my case I've heard nothing from either B/C or Mercers and just continue with my token payments each month, although they are still charging interest and charges which I have also reported to TS. Good luck

[Under Siege]

how do i attach pdfs?

 

Is that facility no longer available?

[The GodMother]

pass under siege.

[Goldlady]

It used to be under 'go advanced' but it seems to be no longer there:confused:

[slick132]

Hi US,

 

If that's not working, you could try to scan to Photobucket and post link to your thread so doc's can be view via off-site link.

[Under Siege]

Thanks Slick,

 

Lets see if this works

 

http://i228.photobucket.com/albums/ee59/blondesopium/barclaycard.jpg

[Under Siege]

Hows it look?

[The GodMother]

i cant really read it