Barclay Card/Cabot Financial/Marlin/Weightmans

[im4347]

Hi all

 

I sent a CCA letter to Barclaycard with the £1 cheque on the 1st Nov 2007, and have had a reply back today.

 

I would really appreciate some advice on the Agreement attached as I am currently out of work and can't keep up the payments. Mercers are harrassing me with calls and letters.

 

Thanks,

 

MC

Barclays CCA.pdf

[rory32]

This is an unenforceable pre-contractual application form. It does not contain the prescribed terms.

 

The prescribed terms are in the terms and conditions, they should be on the same page as the signatures on the copy of the agreement not in a seperate document.

[pt2537]

yep i see no prescribed terms .

 

the prescribed terms are contained within schedule 6 coloum 2 of Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553)

 

i do believe there is a copy of them in the statute templates section

 

what they have sent you is as enforcable as an iou on a post it note saying i owe you fifty thousand pounds

 

regards

 

paul

[shane5408]

Hi again,

 

also barclays have not complied with the CCA request and remain in default which (once 12 days has passed) means they cannot enforce the debt. The application makes reference to your cancellation rights and that these should of been sent to you in the post. As this is referred to in the application they are required to send them in any CCA request.

 

If they didn'y send them to you when the account was opened the account will also be unenforcable by virtue of s127(4) of the Act

(just like with your Egg agreement)

 

regards,

shane

[reduk054]

Oh dear, another Barclaycard application form.

So as per great advice above, don't worry!

I think that you need to deal with Mercers by writing to them, and explaining the non-compliance of BC's CCA request. There are a couple of letters that you can send, I will find them and post for you. Please do not deal with Mercers over the phone, just ask for all correspondence in writing only!

Red

[reduk054]

You can send the following letter to Mercers edit as required, and send recorded delivery:

 

Harassment by telephone - response letter

[reduk054]

And a letter to Mercers along the lines of below, explaining your stance on BC non compliance of your CCA request.

In my letter dated the ***date**, to your client, I made a formal request for a copy of the signed, executed credit agreement for account/reference number **your account numer***** under section 77(1) and section 78(1) of the Consumer Credit Act. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on ***date*** and ***date**** respectively.

 

As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1)—

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore as at ***date*** this account became unenforceable at law.

Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed.

 

(Failure to respond favourably to this letter within seven (7) days of receipt will result in immediate litigation being commenced against your company without further notice.)

 

I would appreciate your due diligence in this matter

 

Good luck, why not use the same envelope as the harrassment letter, saves on one recorded slip too!

Red

 

 

 

 

[Duffers Mum]

Unfortunately Mercers will take absolutely no notice of that or any other letter you send advising them that Barclaycard have not complied with a CCA request, I have the pleasure of dealing (or not as the case may be) with them at the moment. I've now given up writing as they just ignore everything I send and continue to send me letters about collectors calling (the dog is waiting ) I continue to pay B/C what I can afford, they continue to pile on the charges and interest at the rate of approx £100 per month

 

Good luck, I hope you are more successful that I am with them

[im4347]

Hi

 

Not too sure if this is the correct place for this thread.....

 

I have received a letter from Weightmans with regards to a Barclays Credit Card Account,

which is legally owned by Cabot Financial and Weightmans client is Marlin Financial!

 

They are threatening to start legal proceedings.

 

 

Cabot previously issued a Claim via Wright Hassle Solicitors in Aug 2013

which they discontinued Jan 2014 as they failed to comply with my Part 18, CPR 31.14 request and s77-79 request,

and above all the agreement was statute barred as the debt is now nearly 8 years old.

 

Any help and advised would be highly appreciated.

 

Regards,

IM

[dx100uk]

if the old claim is stayed

the SB clock paused then

 

 

which old thread of your does this relate too

I cant see one.

[dx100uk]

is this the old egg claim * 2?

[im4347]

Hi Dx

 

Thanks for replying,

 

 

the case was discontinued by Wright Hassle Solicitors Jan 2014,

 

 

I double checked with the court this morning,

 

 

I never put a thread up for the first claim by Cabot.

 

The debt was over 6 years old during the first claim.

 

Regards,

IM

[im4347]

Sorry this is for a Barclaycard account not the Egg thread.

 

Thanks

[dx100uk]

if you have a letter from right hasslers to that effect

copy it and send it to Weightmans

 

 

 

 

just remember they are all the same lots now

cabot bought marlins and weightmans and hasslers.

 

 

ruddy fleecers

 

 

if you have the disc letter then the clock restarted when they disc'd

 

 

dx

[im4347]

Thanks Dx, I am going through my previous paperwork to find the Discontinued letter..... I checked with the court to see if they wrote to court, they sent an electronic message of discontinuance to court.

 

Regards,

IM

[slick132]

Hi Im,

 

Are you sure no payment has been made to the a/c, nor have you acknowledged the debt in writing, in the last 6 years.

 

If so, then SB'd is your defence against any collection attempt and any court action.

 

So you could send the sol'rs our SB letter from the Library, together with the Discontinuance letter from the previous proceedings.

 

[im4347]

Hi Slick

 

Thanks for replying, yes, the debt is statute barred under the Limitations Act because no payment or acknowledgement has been made on the account since May 2007.

 

I will take the SB letter from the Library, thank you.

 

My previous Defence was based on the SB, no CCA and failure to comply with my Part 18, 31.14 request and s77-79 requests.

 

Regards,

IM

[im4347]

Hi

 

Is this the right letter for SB.....

http://www.consumeractiongroup.co.uk/forum/showthread.php?387368-Letter-to-be-sent-when-debt-is-Statute-Barred-**Update-21st-April-2014**

 

Regards,

IM

[slick132]

Yup, that's the one.

 

You do not need to rely on anything other than SB'd as it is a complete defence.

 

Refer to the Discontinuance letter if you want and include a copy for reference.

 

[im4347]

Hi Slick

 

Thanks for replying, all done,

 

 

I refered to the previous claim and attached the discontinuation letter and used the SB letter.

 

 

I sent it off recorded delivery this evening. Fingers crossed now!!!

 

Many many thanks

IM

[im4347]

Hi

 

I've received a response to my letter from Weightmans which has no relevance to my letter.

 

Their response goes on about receiving my letter requesting documents

and that they are requesting documents from the original creditor...

 

 

... I asked for no such documents and it seems like a generic letter they have sent out without reading my statute barred letter

and the fact that a previous claim for the same was discontinued.....

 

Any advice would be highly appreciated.

 

Many thanks,

 

IM

[dx100uk]

let it run

 

 

scan the letter up please

 

 

redact it first and PDF it

 

 

dx

[im4347]

Hi Dx

 

Thanks for replying, doing that now.

 

Regards,

 

IM

[im4347]

Hi

 

Please see attached Weightmans reply to my SB letter.

[dx100uk]

5Mb one page!

 

 

reduced file size for you.

 

 

dx