Minnimes -v Barclaycard

[slick132]

By the time you've finished with BC, you'll be way better at reclaiming than this guy.

 

Sounds like he's trying to get business using scare tactics - Nice!!

 

If his advice so far is anything to go by, he'd be better applying for a Fishing License.

[minnimes]

ok the guy got regulated yesterday lol,

anyway, just been reading the cpr thread and im a little worried, ive sent barclays a failure to comply letter for the cca they sent me,im just concerned they do have an agreement and are keeping because they want to take me to court to apply for a charging order or something.thinking way to far ahead i know. but i owe a massive amount to this card,(almost £10 000 after all the charges). does anyone know how good barclays are at keeping records?

 

and to double check the "agreement" they sent me (above) isnt anything to be worried about? i dont know what if any agreement i have with them, its such along time ago since i took the card, i dont remember what the agreement would look like.

 

i intend to give them time to respond to my letter then send a cpr letter if they ignore me or send another copy of the terms they already sent me. doesnt the cca have to have at least something to do with me? there isnt even my name on it never mind a signature.

 

just worried cos this debt has got way out of hand,is my biggest by far and was so stupid of me to get into, at the i didnt think my hubs had an accident at work and we had no income so we had to live of plastic,thinking it would be short term, he's been signed off indefinitely now due to spinal injury so theres no way i can pay it back at the rate they want.

[slick132]

Hi Minnimes,

 

We spoke on the last page about reclaiming charges, as this will reduce the overall debt, regardless of CCA and CPR requests and enforceability of the debt.

 

If you don't have all the a/c state's, send off for them now with a SAR.

 

[minnimes]

yes i will do, im hoping they just wont have an agreement lol. does how large the debt is make difference if they dont have an agreement, im expecting they'll fight harder but wondered how it works from the legal point.

[minnimes]

they seem to be ignoring me, i sent a letter saying they had not complied about 3 weeks ago, and nothing.

[slick132]

If they've failed to reply to your SAR, see here -

 

Data Protection Act - Non-Compliance - Template Letters

http://www.consumeractiongroup.co.uk...n-act-non.html

Data Protection Act Non-Compliance - Particulars of claim

http://www.consumeractiongroup.co.uk...n-act-non.html

 

[minnimes]

theyve ignored my cca. i know i was ment to send them a sar request but i was going to wait for my cca to be answered, im getting abit snowed under, ive got 5 accounts in dispute now. thanks for all your help. i cca's them, they sent me terms and conditions with blank personal details section. i sent them a letter saying they had not complied, theyve ignored me, but they haven't hassled for payment either.

[slick132]

If you are missing state's for the a/c, send the SAR now - it's separate from the CCA request.

 

Then you can set about reclaiming all charges on the a/c.

[minnimes]

just had an interesting call from barclays,

i said id asked for all contact to be in writing, i woman asked for my dob to check tht, i gave it her and she claims they have no record of me writing to them at all! i said thats funny because you wrote back, i then told her the date on the letter they sent back, what it said and who it was from. she asked me to call customer services, i said i wont because i want a record of all contact,she said she was from collections. i then said why is the account back with barclays? it was with mercer, she said that the account was less than 2 mnths in arrears so goes back to them, the last payment was in nov, i said thats more than 2 mnths in arrears. she then said she didnt know. i did write to mercer with a cca request as well as barclays but they ignored it. strange how its gone back to barclays though?

[slick132]

Hi Minnimes,

 

I think Mercers do this when they realise you're not going to start jumping through hoops because they say you should !

 

[AA99]

just had an interesting call from barclays,

i said id asked for all contact to be in writing, i woman asked for my dob to check tht, i gave it her and she claims they have no record of me writing to them at all! i said thats funny because you wrote back, i then told her the date on the letter they sent back, what it said and who it was from. she asked me to call customer services, i said i wont because i want a record of all contact,she said she was from collections. i then said why is the account back with barclays? it was with mercer, she said that the account was less than 2 mnths in arrears so goes back to them, the last payment was in nov, i said thats more than 2 mnths in arrears. she then said she didnt know. i did write to mercer with a cca request as well as barclays but they ignored it. strange how its gone back to barclays though?

 

Welcome to the world of Barclayshark Minnimes (and all other bankers for that matter!)

[minnimes]

after mbna barclays are lovely lol

[minnimes]

just had barclays on the phone, i told her i didnt want to discuss it overthe phone but she jumped in and said well let me take this oppertunity to tell you a default notice has been issued and you will be subject to doorstep collection. i told her the acount is in dispute and they can not do this she said they can as they dont agree its in dispute its only me whos disputing the account not barclays, i didnt think they had to agree it was in dispute, they havent forfilled their legal obligation to supply my credit agreement, she said i had agreed to make payments, i responded saying how do i know that if i dont have a credit agreement, she couldnt answer, she said the account had been sent to disputes last week and that they had sent it back to collections? she has said she will order my credit agreement and have it sent to me. i think i might send a cpr to them,it seems to work.

[slick132]

When you receive a Default Notice, you can object on the bais that the a/c includes unlawful penalty charges and is therefore inaccurate.

 

Check out the Data Protection and Default Issues forum.

 

[minnimes]

thanks slick, will get on with that when kids in bed

[minnimes]

had a letter from mercer today. they are now handling the account. i rang barclays and asked why my letter had been ignored, they said they dont have it, pointed out i know they do because it was recorded delivery and they have told me they do have it. the woman then said anyway they have complied with my request, i said you sent me a shhet of paper with t&c on it she said that is all they need to send? spoke to mercer and explained they dont agree that my request has been met and are looking into it, ive printed the letter i sent again and am going to re send it to barclays stating the account is in dsipute and they have ignored my letter, im also sending the letter barclays sent me saying they had my first letter and £1 payment with the t&c they sent me, they now claim they did not get a £1 off me, when i have it in writting that they did. so im sending that and a copy of the letter i sent saying they had failed to comply, to mercer. should i also send mercer a cca or should i send in what ive got and wait and see what happens?

oh and barclays also keep saying well you signed for it you agreed to pay it you used it. i keep saying where is the agreement to support that and they claim they dont need it?

[slick132]

H minnimes,

 

You'll get nowhere with BC by sending a CCA request, or even several.

 

Have you looked at the CPR route yet - see Link No2 in my signature.

 

And what about Rule No 1 - Don't speak to them, NEVER. LOL

[minnimes]

thats my next step, worked last time. will give it a try.

[minnimes]

omg, getting sick of this now, had a pushy woman from mercer on the phone, she's insisting that the terms and conditions are my agreement.?? i dont think it is. she has now said they are sending door step collections to my hous, ive told her i dont agree to it, my husband is very ill with depression. she said to expect it anyway, i will call the police if they turn up. she tried to force me into an agreement which i wont do. will get cpr letter drawn up tonight. grrr

[minnimes]

oh and i know you said dont speak to them but i couldnt get rid of her she was like a dog with a bone, she did tell me i need to ring barclays which i wont be doing. next time i'll have to be rude and just hang up on her.

[meerkatsmimm]

Hey minnimes,

 

Keep strong here and do call the police if they turn up at your door. It may make sense to send anybody who has threatened doorstep collectors the 'your not welcome' template (we call it worse on our computer ) and send it recorded. This wont mean they wont try and visit, but once you have sent it then you have removed any rights they have to visit your property.

 

If they turn up hand them a copy of this out the window and if they persist or are being a nuisance, call the police informing them that you have sent this letter and yet they still are tresspassing/ causing a disturbance.

 

If they arrive by car and leave before the police arrive, take note of the registration plate so you can report them. The police can then follow it up.

 

We are at the start of this long battle with BC amongst many other creditors, and mercers have sent us a messed up DN along with some doorstep collection threats.

 

Keep your chin up and fight!

Edited April 15, 2009 by meerkatsmimm
language !

[slick132]

Hi Minnimes,

 

Glad you said it before I had too !!

 

Next time, just hang up. They've nothing useful to tell you - in fact, from the convo you described, they talk rubbish anyway.

 

Just hang up - even if you feel you're being rude. It's all they understand.

 

[bainmarie]

Hi Minnimes,

Just wanted to say be strong & don't let them get to you.

Mercers passed my details to power2call and they sent me a letter saying unless I contacted Mercers a collection manager would call to my home, that was 3 weeks ago and no ones been round yet!

Mercers have also passed me back to bcard now. I'm going to send my cca request to them tomorrow.

Keep fighting and hang in there.

[ifoughtthelaw]

Hi Minnimes

 

Subscribing to your thread - I just got a reply to my CCA request from BC. It says please find enclosed, but nothing enclosed, :? and a copy of Barclaycard t&c on the way.....They claim that it fulfils their obligations under Section 78! What a joke - I was just starting to have doubts until reading your thread as your reply is the same.

 

Be as rude as you like as they can't force you to speak over the phone and don't give them any security details. Nor can they come to your house uninvited - what utter nonsense!

 

Keep strong!

x

[slick132]

Bainmarie, CCA request is a waste of time with BC now.

 

Start your own BC thread and we'll discuss the CPR route, and anything else, as necessary (without hijack of M's thread here).