Barclaycard issues reconstituted agreement , with demand for payment

[Bazooka Boo]

Then if 42man has seen them then I would be very much inclined to agree with his views.

 

It won't hurt letting Shaklaycard know that regardless of whether or not they believe they have acted in accordance with the CCA and provided the required documents, you are still of the opinion that they have failed seriously to comply, and as such, no further correspondence will be entertained from them, or any of their chosen DCA's they wish to sell it onto.

 

Their continued arrogance and failure to supply the correct documents in reply to your legal request for the agreement, has earned them a formal complaint to the OFT, ICO, TS, and the FOS.

 

Contact us - The Office of Fair Trading

 

Complaints - Privacy & electronic communication - ICO

 

Consumer Direct(who work directly with TS)

 

Financial Ombudsman Service

[intree]

Hi I have been indispute with Barclaycard, however they have closed the matter with a final response after supplying copies of terms and Conditions from last year for an account opened in 1996, that was their final response, so I did not pay anything else to them.

 

Now I have received 2 letters for 2 accounts with them stating:

 

IMMEDIATE ACTION REQUIRED

 

We are dealing with your account on behalf of Barclaycard. This account is still overdue and we have no alternative but to pass your account to:

 

A local debt collector may will call at your home to obtain full payment.

 

We would prefer not to take this action and are confident that between us we can resolve this matter.

 

THEY GO ON TO GIVE VARIOUS METHODS OF PAYMENTS ACCEPTABLE.

 

Please can anyone give me a direction as to which way this could noe go and what response I can give them.

 

Thanks

[themagician]

Hi I have been indispute with Barclaycard, however they have closed the matter with a final response after supplying copies of terms and Conditions from last year for an account opened in 1996, that was their final response, so I did not pay anything else to them.

 

Now I have received 2 letters for 2 accounts with them stating:

 

IMMEDIATE ACTION REQUIRED

 

We are dealing with your account on behalf of Barclaycard. This account is still overdue and we have no alternative but to pass your account to:

 

A local debt collector may will call at your home to obtain full payment.

 

We would prefer not to take this action and are confident that between us we can resolve this matter.

 

THEY GO ON TO GIVE VARIOUS METHODS OF PAYMENTS ACCEPTABLE.

 

Please can anyone give me a direction as to which way this could noe go and what response I can give them.

 

Thanks

can we assume that you sent a cca request ,to which some one on here verified it to be enforceable or not?, have you been sent a default notice and a assignment notice for the dca to collect?,

now the caller! located in the template section is a doorstep collection letter ,print off two copies keep one by the door! send the other one to the dca " if known" very very rare anybody gets a caller at the door ,but its a blumming good threatogram and some times it does work into getting people to pay up.

should a caller ever call,give him the letter ,then if he refuses to leave call local plod " not 999" and inform them that a stranger is at your front door demanding money with menaces, likely to cause a breach of the peace.

is there already a thread started for the original problem? whats the debt for .more info please.

[intree]

I have sent a SAR and a CCA request but they have failed to produce the agreement, they have just sent recent terms and conditions etc.

 

The total due to them is around 6k in two accounts - mastercard and visa, both were opened in 1996 approx, when I was in very good employment, now I dont have the means to service the account and they have refused to deal with the £1.00 tokens I offered.

 

No default notices have been sent - just this letter and I have not been given a NOA for the debt, so I am a bit confused but do understand that Mercers are the inhouse collectors.

 

Thanks

[themagician]

I have sent a SAR and a CCA request but they have failed to produce the agreement, they have just sent recent terms and conditions etc.

 

The total due to them is around 6k in two accounts - mastercard and visa, both were opened in 1996 approx, when I was in very good employment, now I dont have the means to service the account and they have refused to deal with the £1.00 tokens I offered.

 

No default notices have been sent - just this letter and I have not been given a NOA for the debt, so I am a bit confused but do understand that Mercers are the inhouse collectors.

 

Thanks

you must send the acc in despute with failure to

supply letter.

did you request a original copy of the cca or not,if not you must make it quite clear that, its this you are asking for !!!.

most sar,s will not send you this info with dn,s assignments etc they exspect you to ask for them.

[intree]

I have been looking through the files, they sent me DN dated 29/12/09 received 5/01/10, these were defective i assume as remedy was to be by 15/01/10, now they have demanded the full amount so I assume that the account is now terminated.

 

I have sent another AC in dispute letter today -

[themagician]

I have been looking through the files, they sent me DN dated 29/12/09 received 5/01/10, these were defective i assume as remedy was to be by 15/01/10, now they have demanded the full amount so I assume that the account is now terminated.

 

I have sent another AC in dispute letter today -

i can assume that you started another thread then!

if i had known i wouldnt of asked obviouse questions!

[intree]

thats ok, But I hope that starting another thread for a new issue on a same/similar matter is not a offence, as you seem to be quite upset, I do apologise but I am just looking for advice not to confuse or upset anyone.

 

All advice appreciated with thanks

[intree]

account now terminated by Barclays and as stated in another thread Mercers are threatening doorstep collection, I have found this thread after searching for it again as I could not load it up earlier.

 

Any advice appreciated as to the defective DN and now the doorstep collection threat, can it now be assumed the account is terminated or do I wait to let them tell me, in writing?

[intree]

anyone?

[themagician]

thats ok, But I hope that starting another thread for a new issue on a same/similar matter is not a offence, as you seem to be quite upset, I do apologise but I am just looking for advice not to confuse or upset anyone.

 

All advice appreciated with thanks

no offence intended ,but if i had known history i wouldnt of asked obviouse question as answer had already been stated in previous thread.

we can only go by what info we have to work with.good luck.

[Bazooka Boo]

Have you received the termination letter?

 

Can you post that along with the DN on here, removing all Id.

[intree]

hi Bazooka Boo

 

I have no facility to post as I just have a computer as the scanner has become unworkable at the moment

 

The letter DN which I received was dated 29/12/09 I received this 31/12 with remedy by 15/01/2010.

 

Then I received the letter indicating that they are now to take further action, as I have not made payment, this was dated 27/01/09, again this was from mercers and I am not sure if this would be regarded as a termination letter?

 

In this letter they ask me to contact them with proposals to make repayments, failing which they will commence doorstep collections.

 

I could post up the contents word for word tomorrow am if that does help, but not sure at the moment if the DN is valid and if the fact that they have not issued me a agreement with a signature is legal to allow them to enforce it.

[Bazooka Boo]

OK what you need to look out for, is that you have 14 clear days in which to rectify the account in order to bring it back in line resulting in no further action by them.

 

The action required to remedy the account must be for the arrears 'ONLY'

 

If they are asking you to pay the full amount of credit or the balance then this would make the DN defective.

As will the date they state by which you should rectify, merely stating 14 days from the date of this letter is not good enough.

 

Does the DN have both yours and their correct address?

 

Also the words 'if action is TAKEN BEFORE THE DATE SHOWN, NO FURTHER ACTION WILL BE TAKEN,

Basically some of the sentences or the most important words on the DN must be in BOLD CAPITALS so that it stands out from the rest of the gumpf, some of it should also be underlined.

 

So you can see now why it is preferable to be able to scan them up, just so others can look at exactly what they have sent.

 

But don't worry if you have not got a scanner, from what you have described previously, the fact that you have not been given 14 clear days to rectify the account, means that it is scrap paper, I don't suppose you know if this was sent to you first class?

[intree]

Thanks for that advice

 

I will post up the exact wording tomorrow morning..........

 

It was received on the 31/12/2009 - its just the normal DN from these idiots, and shows the arrears, and the remedy date by 15/01/10.

 

The best way is to post it up, thanks for all your advice I will hope to get all the information up tomorrow am.

 

Thanks again

[diddydicky]

go in sucker- make my day- tell me that the remedy date on the DN is 15/01/09 and not your typo!!

[intree]

Here are the docs they sent to me word for word............thanks for the advice

 

Mercers Debt Collections Ltd

PO BOX 55

Liverpool, LS32 8XX

 

29/12/09

 

IMPORTANT - YOU SHOULD READ THIS CAREFULLY

Default notice served under section 87(i) of the Consumer Credit Act 1974

Account Number xxxxxxxxxxxxxxx

Balance £5200.00

amount due £60.50

We act as agents for Barclays Bank Plc Trading as Barclaycard.

 

Despite a recent letter from Barclaycard, you are still behind with your payments on your account.

 

Under the terms of your Barclaycard Agreement, you must pay at least the minimum payments by the date shown on your monthly statement. As your payments are overdue, you have broken the agreement.

 

To correct this, you must make a payment of £60.50 to reach Barclaycard before 15 January 2010. Below are some of the ways you can pay, you can find more ways to pay on the back of your statement.

 

Over the counter of any Uk Bank

By post-please write your Barclaycard account number on the back of your cheque

Via the internet at www.barclaycard.co.uk

 

If you are unable to pay, you must call Mercers immediately for help on 0844 822 2003 AND cut in two all cards you and any authorised users have on this account. We are open Mon-Fri 8-9 & Sat 9-4 and Sun 10-2

 

continued overleaf

 

pg2

 

 

If the action required by this notice is taken before the date shown no further enforcement action will be taken in respect of this breach.

 

If you do not take the action required by this notice before the date shown then further action set out below may be taken against you (or a surety)

 

* A debt collection agency will send a Formal Demand to you. This will ask for repayment of the whole balance.If you do not pay this, they may take further action against you. This may include legal action.

 

* Details of your account will be registered with Credit Reference Agencies if you do not send the payment requested by the date in the Formal Demand.

 

 

This notice should include a copy of the current Office of Fair Trading information sheet on default. This contains important information about your rights and where to go for support and advice. If it is not included you should contact us to get one.

 

If you have difficulty in paying any sum owing under the agreement or taking any other action required by this notice, you can apply to the court which may make an order allowing you (or any surety) more time.

 

If you are not sure what to do, you should get help as soon as possible. Free independent advice and assistance for those in financial difficulties is available from the following:

 

*Citizens Advice Bureau. To find your nearest CAB check your local phone book, under "counselling and advice"

*Payplan at www.payplan.com or call 0800917 7823

*Advice UK: www.adviceuk.org.uk or call 020 7407 4070

*Trading standards : find them in the phone book.

 

 

Some companies may charge you for debt management assistance which will mean that you will be repayinng your debt over a longer period. Always ask if there is a charge and check the small print of the agreement. The above named organisations provide their debt assistance for free.

 

MERCERS DEBT COLLECTIONS LTD

Enclosure OFT Insert OFT 966

 

 

The above was received on 31/12/09 I did not receive the OFT leaflet and all the highlights and underlining in the above is as it was on their DN.

I will post up the full demand dated 28/01/09 in a quite soon.

Thanks for the advice - could not do this without this site or you kind people.

[intree]

the attached is the final demand from them:

Mercers Debt Collections Ltd

PO BOX 55

Liverpool, LS32 8XX

 

28 January 2010

 

Acc Number xxxxxxxxxxxxxxxxxxxxxxx

outstanding balance £5200

 

Dear Mr XXXXXX

 

IMMEDIATE ACTION REQUIRED

 

We are dealing with your account on behalf of Barclaycard. The account is still overdue and we have no alternative but to pass your account to:

 

A local debt collector who may call at your home to obtain full payment.

 

We prefer not to take this action and are confident that between is we can resolve this matter.

 

You should make a payment:

 

Call us on the telephone number to make a debit card payment or set up a direct debit.

 

Send a cheque to Barclaycard, dept PP, Thynne Street, Bolton BL11 1XX, please quote your account number on the back of the cheque.

 

Call into any branch of Barclays.

 

Even at this stage we may be able to agree a repayment plan, for you.

 

MERCERS DEBT COLLECTIONS LTD

[intree]

I have looked around the forums and have sent this response to them as I dont want any lowlife -bottom feeder standing on my doorstep - hope it was the correct thing to do, but I am worried

 

MY RESPOSNE BY RECORDED DELIVERY..

 

 

I can confirm that both these accounts remain in dispute since October 2009, I have written to you regarding this matter on a number of occasions requesting a copy of the Original signed and dated agreement which belong to these accounts, I have not been given any copy or a adequate response for this, therefore this account is in serious dispute.

 

Accordingly, I would point out that I have no knowledge of any such debt being owed to Barclaycard, therefore your collection for a account in dispute would not be legal, I also do not accept that I have been provided with any agreement which conforms and is in line with the prescribed terms as detailed in the CCA 1974. I must now accept your unlawful termination of this account as detailed in your Default Notice, dated 29 December 2009.

 

I am familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question.

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions

 

 

Unlawful Harassment

 

It is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc. (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

With reference to the above account number please note I am revoking my permission for you to contact me via telephone. I would like my number to removed from your company records.

I require you to confirm to me in writing within 48 hours of receipt of this letter that you have removed my number from your system and that no more phone calls will be made to me by this company. If the calls continue after 48 hours after the receipt of this letter then you will be in breech of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

I also reserve the right to take Mercers Debt Collections Ltd, to court should you not respect my wishes. I will be sending a copy of my file to the Office of Fair Trading within the next 14 days, should you fail to respond, as I have reason to believe your Trading Licence remains invalid.

 

 

 

 

Yours faithfully

 

[intree]

bump

[diddydicky]

DN defective if creditors name and business address not on form!!

[intree]

Hi does that mean that they have unlawfully terminated?

 

Or does it mean that, Barclaycard can still send another DN and terminate as they are the Card issuer?

 

I am a bit confused but was hoping that this would be unlawful termination on the back on a defective DN as in the above posts.

 

Any advice appreciated.

[diddydicky]

Hi does that mean that they have unlawfully terminated?

 

Or does it mean that, Barclaycard can still send another DN and terminate as they are the Card issuer?

 

I am a bit confused but was hoping that this would be unlawful termination on the back on a defective DN as in the above posts.

 

Any advice appreciated.

 

as they did not serve a valid DN then if they subsequently terminate or demand repayment of sums not yet due then that is an unlawful repudiation which you must accept or do some act or behaviour in keeping with your acceptance of that repudiation

 

the 60,000 dollar question is whether the judge will agree with you if it goes to court!!

[intree]

ahh right............

 

ok - so will wait for THEM to take me to court and then defend based on above and no agreement to date - Please advise if I am on the rigth track so I can file this away until they proceed to court.?

 

THANK YOU

[diddydicky]

post on here as soon as you receive a termination or demand for the full amount