Mercers and barclaycard

[joolsie]

Hi there

 

I sent a CCA request to barclaycard and all I received back were the terms and conditions- no credit agreement. That was about two weeks ago and I haven't had time to send the account in dispute letter. I received a default notice today from mercers on behalf of barclaycard. Is the account still considered in dispute even though I didn't send the dispute letter? What do I do next?

 

Thanks for your help

[PGH7447]

it is in dispute but you must tell them

[joolsie]

So do I just send them a dispute letter now and then ask mercers why the account has been passed to them when it is in dispute?

[clayts]

Mercers are Barclaycard's in-house legal firm

[joolsie]

So what do I do? Just send the dispute letter addressed to mercers?

[clayts]

Sorry, didn't answer the question - I suggest you write to Mercers, pretend you are ignorant of the fact they are Barclaycard's in-house firm, and tell them the account is in dispute with Barclaycard. In fact I'd probably suggest that you should go the whole hog and send the 'bemused' letter, for a real 'belt and braces' job.

 

However, probably better to wait for someone with a bit more experience than me...

[joolsie]

OK thanks fo your help, do you think I still need to send the acount in dispute letter to barclaycard as well?

[clayts]

This one

[clayts]

And for the account in dispute this one, assuming they have had the 12 + 2 working days to respond to your original request

[joolsie]

Thanks for your help, yes it been well over the time limit

[joolsie]

Hi there

 

I got a letter from barclaycard saying that they have complied with the consumer credit act as they had supplied the terms and conditions and if I wanted to see the signed agreement I would have to send an SAR. Is this correct?

 

Secondly, after this I tried to negotiate with mercers by offering to pay £10 a month as this is all I could afford, but they refused it saying I had to pay at least 1% of the balance. I did originally have an agreement with barclaycard paying £10 a month but fell behind with payments after a bereavement, so I don't know why they are now refusing it. Has anyone had any luck negotiating with these people?

[lickthewallfatboy]

just tell them that until they come up with the proper CCA,they won't get a penny

 

they just keep trying to pass it around the DCA houses

 

that's the best they can do

[clemma]

.......and for every DCA they pass it to, you respond with the bemused letter.

 

They are not obliged to send you a signed copy of your CCA, but they must send a "copy" of it. They haven't even done this........T&C's do not comply with the request.

 

I'd just play the waiting game now - ignore them until they pass it on to the next low-lifes. Do not talk to them on the phone, put everything in writing (it's the golden rule). If you wish to make payments, then put this in writing to them as well - if they refuse, then that's their problem

[sythe]

with you there clemma..............and I'd like to just add the following..........as I reckon it is not only logical + reasonable but most probably would have validity in a court.....

 

.....It is clear that in the absence of a signed copy of the executed credit agreement any debt is unenforceable. How can any creditor pass a debt to any DCA/agent until they have supplied that................surely that action is a clear breach of the CCA......since the act states the following :

 

2 UNFAIR BUSINESS PRACTICES

Communication

2.1 It is unfair to communicate, in whatever form, with consumers in an unclear, inaccurate or misleading manner.

2.2 Examples of unfair practices are as follows:

b. leaving out or presenting information in such a way that it creates a false or misleading impression or exploits debtors' lack of knowledge

False representation of authority and/or legal position

2.3 Those contacting debtors must not be deceitful by misrepresenting their authority and/or the correct legal position.

2.4 Examples of unfair practices are as follows:

b. falsely implying or stating that action can or will be taken when it legally cannot

Deceptive and/or unfair methods

Psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

d. not ensuring that an adequate history of the debt is passed on as appropriate resulting in repetitive and/or frequent contact by different parties

 

................"surely it is not the duty or responsability of any debtor to point out the law to a creditor. They have a licence and therefore a clear responsability to uphold the CCA. With this in mind, any debtor who receives such communications is completely with in their rights not to respond and to complain about it. That complaint is evidence of a dispute, it is not enough for the DCA/agent to say that they were unaware of this breach, they should have ensured they had the right to pursue the debt.

 

.........remember we are not lawyers........we are people who expect that the law will protect us from those who would cause anarchy.......and in failing to uphold the terms of the Consumer Credit Act all creditors are being anarchisitc......interesting thought isn't it!

Edited July 2, 2009 by karenruthj8
must try to type more slowly..........

[joolsie]

OK thanks for your replies, somewhere else on this forum I read that if they sent the original and current terms they are complying with the request but I can't find it now, it all gets a bit confusing.

[clemma]

If they sent the original T&C's to you, but they still don't contain anywhere for your signature, then this would be unenforceable (unless they produce an agreement of some sort that refers to the T&C's). However, the creditors/DCA's will tell you they have complied.

 

You would then need to go down this route http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html in the hope they would produce something then.......

[joolsie]

OK thanks I'll take a look at that