AA99 v Barclaycard No2 a/c

[AA99]

This was how far I had got in my general BC thread.

16 October 2008
FORMAL COMPLAINT


Customer Services
Barclaycard House
P O Box 5592
NORTHAMPTON
NN4 1ZY


Dear Sirs

ACCOUNT NO. **** **** **** ***9 FORMERLY MORGAN STANLEY &
FORMERLY GOLDFISH
NOW **** **** **** ***5 BARCLAYCARD

I am in receipt of your Statement dated 6 October, received on 10 October 2008. It advises that Mercers Debt Collections Agency are now dealing with my account but also advises under Dispute Resolution that I should try to resolve it with you in the first instance.

I am also in receipt of your letter dated 3 October, received on 15 October, stating that you will accept a reduced payment of £60 p.m. for 6 months on this account with frozen interest.

I must inform you that I attempted to resolve the dispute in June with Goldfish upon receipt of my statement dated 5th June when my balance was still within my credit limit of £5400 but I was unable to make the minimum payment of £130.19 by 03 July 2008. I spoke with a Senior Advisor who suggested a “hardship Arrangement” whereby there would be no interest or charges placed on my account for an initial 6-month period, possibly extending to 12 months. On 16th June, I paid £22.19 as requested reducing my minimum payment due to £108, advised I could claim £60 cashback owing, leaving a balance of £48 which I paid by debit card on 7th July 2008.

I sent a letter dated 8th September 2008 together with my Income and Expenditure Form detailing my current financial status and clearly showing the ability to only pay
£20 p.m. equally amongst each of my creditors. I have had no response to this letter and am enclosing further copies herewith for your records. You will notice I was given a different address to send this to! The same letter and I & E Form were also sent to our other 2 Barclaycard accounts who have each agreed to a reduced repayment plan for 6 months with interest frozen.

In the meantime, you sent myself and my wife new Cashback MasterCards and new Pins to be effective from 22 September 2008 with a credit limit of £5400.

I have, however, since this time, continued to receive statements showing interest and charges being added to the sum of £405. As of today’s date, I am £300.14 over my credit limit.

I am not sure what is to be achieved by penalising me in this way, other than increasing the debt owed to your company.

[AA99]

On 4th November received a letter dated 29 October, acknowledging receipt and very sorry to learn of my dissatisfaction, being dealt with and aim to resolve matter by 19 November. Value my feedback, etc....

In the interim I have received 2 very threatening letters from Mercers.

I wrote to both BC and Mercers on 30th October asking them to reconsider my token offer of £20, told them we were on benefits and if go to court, they'll get £1, also told them about sending anyone round, also claimed £110 unlawful charges.

Today, 8th November, received a nasty threatening collections letter from ScotCall dated 4th November.

I cannot face speaking to these buffoons on the phone, should I just wait for BC response?

[uptoneck]

Hi AA99,

Have you done a CCA request on this account? With so many changes of ownership, I'd be surprised if they could come up with a "true copy" within the time limits.

You might also want to take a look at this thread on how Mercers operates
http://www.consumeractiongroup.co.uk...ider-info.html

With 20,000 + redundancies on their way to the banking sector, expect to see a lot more whistleblowers .

BTW: can you post the letters from Mercers and ScotCall on the forum? Blank out any personal data so the MIB can't trace you. If they're anyting like the letters Mercers and ScotCall sent me, they're just designed to put the frighteners on you, but in reality, aren't worth the paper they're printed on.

[slick132]

Hi AA,

1) Don't bother puting the letters from Scotcall or Mercers on thread - as UptoNeck says, they're worthless wastes of paper.

2) Our advice is always NEVER speak to DCA's on the phone. Don't answer the security Q's and tell them to put anything in writing only. Then HANG UP.

3) If this is how they respond to your reasonable request to make reduced payments, by all means send them a CCA request. If they can't produce the Credit Agree't, YOU can dictate the rate at which you repay this alleged debt and they wouldn't be able to add any more chgs, interest, defaults. Nor could they take any enforcement action for the a/c balance.

Letter N from here and a £1 postal order should do the trick.

[AA99]

Hi Guys! Thanks for replies. I've got every single paper from day 1, as I have with most of my accounts which is why I haven't bothered CCA or SRA. Don't need time delay with these ones. I would so love them to just stop all the charges they're hounding me for and let me start repaying them and get the debt over with! I am dealing with BC direct and will shame them for making me deal with the likes of Mercers and ScotCall. I now know my rights and the ball is in my court at the moment.

[slick132]

Hi AA,

Sorry I forgot the CCA letter link for Letter N - http://www.consumeractiongroup.co.uk...templates.html

The power of the CCA letter is it forces them to produce a valid Credit Agreement. If they can't, you really then have the upper hand.

As always, it'll take them a while to acknowledge this.

[AA99]

Yup, thanks for that. I have already got a letter pending for refunding of charges though, to all 4 accounts. They are, after all, hounding me for their own charges..............

[AA99]

On 4th November received a letter dated 29 October, acknowledging receipt and very sorry to learn of my dissatisfaction, being dealt with and aim to resolve matter by 19 November. Value my feedback, etc....

Received nasty text msg from Mercers today on MY cellphone. As I am now recording all calls, I telephoned back to determine that the msg was with ref to this account in OH's name. Despite having received the above-quoted letter directly from B/C, Mercers advised me that they cannot consider a repayment of £20p.m. and must receive min.£60p.m.
I re-iterated the content of my letter of 30 October, hardship, benefits, etc, but was told that ScotCall will keep pushing. I said my OH could not afford what they were asking and that he was prepared to go to court. I was then told that Barclaycard NEVER take anyone to court

I was getting too mad by this stage so was just glad it was recorded.

Shall I wait till the 19th and then CCA them?

[slick132]

You can send CCA request now - no need to wait.

Mercers don't seem very keen on waiting, do they..........!!

BC never take peeps to court - they leave that to others.

[AA99]

Thanks Slick, will do! And will refer to my letter of 30th Oct to which I have had no reply and in which I referred them to doorstep collections and to the conversation I had today with Mercers and the consequential letter received from ScotCall

[AA99]

Ps. One thing that bothers me about Letter N is that it doesn't state that charges/interest/DCA threats should be frozen till CCA is received??? Should it not???

[slick132]

No, they have a set time to respond to the CCA request, after which they're in default.

Then they should add no further interest or charges to the a/c.

However, in practice, it takes a long time for BC to accept the contention that the agreement is not enforceable. By this time the a/c is in the hands of DCA's who may threaten or take take court action.

You'll have to see how it pans out.

[AA99]

Ok, cheers, Slick, will post tomorrow

[AA99]

CCA sent 14 November

Letter dated 19 Nov recvd today 21 Nov, sorry they have been unable to resolve our complaint to our satisfaction. Thank you for your patience whilst our investigations continue, will contact us again by 17 December!

[slick132]

..................by which time, you'll have stopped sending them payments.

[AA99]

Thanks for keeping an eye on me Slick! I have paid them an agreed reduced amount of twice as much as anyone else just to keep the peace for the last 4 months now including November. interest only stopped after the first 2 payments . Am not paying anymore now......

[AA99]

4th Dec Statement continuing to show charges and interest, advising Mercers now dealing with accout no.2

11 December received letter from Mercers dated 5 December, giving 48 HOUR NOTICE to pay full amount due (£6k) or account will now pass to a debt collections firm in your area and a local rep may call at your address. Phone 0844 822 2005 NOW. You only have 48 hours to stop further action.

Why don't Mercers stop phoning endlessly and ask their bosses at BC what's going on with their accounts? They should be reported

[slick132]

Hi AA,

Just keep ignoring the threats from Mercers.

As the deadline for them to reply with your credit agreement has expired, you can send them a further letter:-

Dear Sir/Madam,

FORMAL COMPLAINT A/c no. xxxx xxxx xxxx xxxx

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation.

This limit has expired.

As you are no doubt aware section 77(6) states:

If the creditor fails to comply with Subsection (1)

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

Therefore this account has become unenforceable at law.

You have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’. You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY
Action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.


I reserve the right to report your actions to any such regulatory authorities as I see fit.
You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

Despite my letter regarding ANY communication from your company, which stated that I require ALL communications in writing, your telephone calls continue.

This behaviour constitutes harassment; the letters stated quite clearly to you that I require ALL communications in writing for future use. Do not telephone me again - remove any telephone numbers you hold for me from your systems.

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that ALL telephone calls are taped.

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, has now been submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

[slick132]

Hi AA,

Just keep ignoring the threats from Mercers.

As the deadline for them to reply with your credit agreement has expired, you can send them a further letter:-

Dear Sir/Madam,

FORMAL COMPLAINT A/c no. xxxx xxxx xxxx xxxx

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation.

This limit has expired.

As you are no doubt aware section 77(6) states:

If the creditor fails to comply with Subsection (1)

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

Therefore this account has become unenforceable at law.

You have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’. You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY
Action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.


I reserve the right to report your actions to any such regulatory authorities as I see fit.
You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

Despite my letter regarding ANY communication from your company, which stated that I require ALL communications in writing, your telephone calls continue.

This behaviour constitutes harassment; the letters stated quite clearly to you that I require ALL communications in writing for future use. Do not telephone me again - remove any telephone numbers you hold for me from your systems.

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that ALL telephone calls are taped.

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, has now been submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

[AA99]

Tku Slick