Barclaycard and the Isle of Man

[gerrydandridge]

Hello, can anyone help with this issue please?

 

I live on the Isle of Man and have Barclaycard and mercers still chasing me for a debt they say I owe them, I have written to Barclaycard several times and asked for the Original Credit Card agreement they replied saying then did not have it,one sentence in the letter said “We arecurrently unable to provide a copy of the credit agreement you entered into. We accept that we are therefore prevented from enforcing our agreement with you while this state of affairs continues”. Now I know that the consumer credit act 1974 is not applicable here on the isle of man, also Iam concerned about jurisdiction as the isle of man has its own laws and court system. Any help with this would be much appreciated. To add the card was takenout in 1996 in the UK mainland as I used to live there at the time.

[slick132]

Hi GD and welcome to CAG

 

Even though they can't legally enforce the credit agreement, they can still take normal collection activity, hence why Mercers are pursuing.

 

If you think you do not owe the debt they seek, I doubt they will take any action to recover due to the lack of the credit agreement and also the matter of Jurisdiction.

 

Can you confirm approx what they are now seeking.

 

Please also see my PM to you.

 

[gerrydandridge]

hi, thanks for the reply, they are chasing me for £8k CC debt on one Barclaycard, mercers call me and I tell them I won't deal with them over the phone, I refuse to give any details on the phone, I wrote to them telling them I want proof of the debt in the form of the original CCA, but they say they are unable to do this, so according to the Consumer credit act 1974, s78 this makes in unenforceable.

mercers told me 2 weeks ago it was being passed to a more specialized collection company, and they may visit my house to discuss a repayment schedule unless I call them now, I just sent them a letter once again asking for the proof of debt and then 3 days ago mercers called me again telling me to go to a local Barclay's branch to discuss the matter, I don't think this is a good idea.

 

I have a mortgage but it is not with Barclay's, in fact I have no other account with them, my personal accounts are with local banks here on the Ilse of man, my worry is that maybe they could take my home from me and my family, is this possible with an uneforcable and unsecured credit agreement, also it seems that DCAs pick up where they leave off and start harassing all over again.

[slick132]

Hi GD,

 

Mercers will tell you anything if they think it'll persuade you to pay.

 

If you dispute the debt, I doubt there's anything they can do without a credit agreement and you living out of the UK Jurisdiction.