Sherry1980 V BarclayCard

[sherry1980]

Hi Everyone

 

Not having much look here at the minute... Got 1 enforcable CCA from MBNA and other looks okay too...

 

Let see what you all think about this.. Please give me some idea if this is right or wrong and the next step!! Its very blurred and I seem to have missed finishing the date when I signed,,, Does this matter should they have returned it to be signed. I cant see where they have signed it either.

 

sherry19_80 - Photobucket - Video and Image Hosting

 

Thanks

 

Sherry1980

 

sherry19_80 - Photobucket - Video and Image Hosting

[banker_rhymes_with]

Hello Sherry1980!

 

It's a little hard to read, but I can't see any sign of Prescribed Terms and it also appears to be a Microfiche Scan. This suggests they probably do not have the Original Copy in any event.

 

However, I can't read the large block of Text towards the lower left, so cannot say for sure if the Prescribed Terms are there.

 

Can you read it? If it's not legible, then they have still not satisfied your s78(1) Request. What they send must be legible.

 

Hope this helps.

 

Cheers,

BRW

[slick132]

Moving this to the Barclaycard forum.

 

[sherry1980]

Hi BRW

Thanks for your quick response,

 

I have checked the hard copy next to the image uploaded on photo bucket and to photo buckets credit it’s clearer on the computer than the hard copy...

 

Does this mean it’s not enforceable?

 

Re the block of text in the left lower corner you can’t make any of it out. It’s definitely unreadable!! To be honest you can only tell what the other text is on the form because of the answers give next to it.

 

And it’s a microfiche for sure.

 

Can you let me know what exactly I need to do next with this as I have now today received a letter from Mercers (DCA) – interestingly posted from the same address as Barclaycard!!

 

Many thanks

 

Sherry1980

slick132 - thanks for moving

[banker_rhymes_with]

Hello Sherry1980!

 

I have checked the hard copy next to the image uploaded on photo bucket and to photo buckets credit it’s clearer on the computer than the hard copy...

 

If you cannot read the Text, and I do mean cannot as opposed to it just being a bit hard to read, then the copy they have sent is illegible and so they have failed to respond to your s78(1) Request.

 

Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557):

 

1 Citation, commencement and interpretation

 

(1) These Regulations may be cited as the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 and shall come into operation on 19th May 1985.

 

(2) In these Regulations--

 

"the Act" means the Consumer Credit Act 1974;

"Agreements Regulations" means the Consumer Credit (Agreements) Regulations 1983 and any reference to any

provision of those Regulations includes in the case of modifying agreements which are, or are treated as, regulated

agreements a reference to Regulation 7 of, and the appropriate paragraph of Schedule 8 to, those Regulations;

"cancellable agreement" includes an agreement which is a modifying agreement treated under section 82(5) of the Act

as a cancellable agreement; and

"lettering" includes figures and symbols.

 

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557)/2 Legibility of notices and copy documents and wording of prescribed Forms

 

2 Legibility of notices and copy documents and wording of prescribed Forms

 

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the .

 

(2) The wording of any Form prescribed by these Regulations shall be reproduced in copies of unexecuted or executed agreements or in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the Act without any alteration or addition, except that--

 

(a) the creditor or owner may enter the name and address of the debtor or hirer in any Cancellation Form prescribed by these Regulations; and

 

(b) every Form shall be completed in accordance with any footnote.

 

(3) Any such footnote shall not be treated as part of any Form prescribed by these Regulations and may be reproduced in addition to any such Form.

 

(4) Where any such footnote requires any words to be omitted, those words shall be omitted or deleted.

 

IOW, their response to your s78(1) must be readable, if it isn't, then they are not entitled to enforce this alleged Agreement until such time as they can send you a readable copy.

 

Does this mean it’s not enforceable?

 

Well, best not to get your hopes up just yet, but if this is all they have, and you really can't read it, then any copy isn't going to get any better.

 

And it’s a microfiche for sure.

 

That's quite common for Barclays, which will present them with another more serious problem if that is all they now have. In Court they will not be able to produce the Original, so will have a problem with CPR PD 16 7.3 which makes it clear that they will need to bring the Original Agreement to Court if they wish to Enforce it.

 

Can you let me know what exactly I need to do next with this as I have now today received a letter from Mercers (DCA) – interestingly posted from the same address as Barclaycard!!

 

Barclays Bank plc are Barclaycard and they are also Mercers. It's all the same, they are all Barclays Bank plc. Mercers are not a new DCA that has appeared, it's just that Barclays Bank plc prefer to do their snarling and shouting under a different name.

 

I'd just drop Barclays a letter saying many thanks for the response, but what they have sent is not readable, so does not satisfy your Statutory Request. Please send a legible copy.

 

Then sit back and wait.

 

Log all the Harassment Calls you'll get from Mercers, by time, date and Calling Line Identity (CLI). Don't speak to them unless you can Record the whole Call and are happy to get names out them. Don't say who you are, and don't answer any Security Questions...that's their ticket to be really rude, so don't let them get that far.

 

Come back here when they respond!

 

Cheers,

BRW

Edited December 30, 2008 by banker_rhymes_with
Large gap removal/formatting.

[AA99]

Hello Sherry1980!

 

 

 

If you cannot read the Text, and I do mean cannot as opposed to it just being a bit hard to read, then the copy they have sent is illegible and so they have failed to respond to your s78(1) Request.

 

Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557):

 

 

 

IOW, their response to your s78(1) must be readable, if it isn't, then they are not entitled to enforce this alleged Agreement until such time as they can send you a readable copy.

 

 

 

Well, best not to get your hopes up just yet, but if this is all they have, and you really can't read it, then any copy isn't going to get any better.

 

 

 

That's quite common for Barclays, which will present them with another more serious problem if that is all they now have. In Court they will not be able to produce the Original, so will have a problem with CPR PD 16 7.3 which makes it clear that they will need to bring the Original Agreement to Court if they wish to Enforce it.

 

 

 

Barclays Bank plc are Barclaycard and they are also Mercers. It's all the same, they are all Barclays Bank plc. Mercers are not a new DCA that has appeared, it's just that Barclays Bank plc prefer to do their snarling and shouting under a different name.

 

I'd just drop Barclays a letter saying many thanks for the response, but what they have sent is not readable, so does not satisfy your Statutory Request. Please send a legible copy.

 

Then sit back and wait.

 

Log all the Harassment Calls you'll get from Mercers, by time, date and Calling Line Identity (CLI). Don't speak to them unless you can Record the whole Call and are happy to get names out them. Don't say who you are, and don't answer any Security Questions...that's their ticket to be really rude, so don't let them get that far.

 

Come back here when they respond!

 

Cheers,

BRW

 

Barclays Bank plc are Barclaycard and they are also Mercers. It's all the same, they are all Barclays Bank plc. Mercers are not a new DCA that has appeared, it's just that Barclays Bank plc prefer to do their snarling and shouting under a different name.

 

I'd just drop Barclays a letter saying many thanks for the response, but what they have sent is not readable, so does not satisfy your Statutory Request. Please send a legible copy.

 

Then sit back and wait.

 

Log all the Harassment Calls you'll get from Mercers, by time, date and Calling Line Identity (CLI). Don't speak to them unless you can Record the whole Call and are happy to get names out them. Don't say who you are, and don't answer any Security Questions...that's their ticket to be really rude, so don't let them get that far.

 

I've just had a call for the first time ever from their other lot, begins with Sch apparently they're just another section of BC.... take no note of them, they are in my opinion just various depts of BC:)

[sherry1980]

Thanks for your response BRW, I have written the following letter. Do you think I need to include anything else?

 

Private & Confidential

FAO Lewis Cook

Customer Relationship Manager

Barclaycard

Customer Relations Department

1234 Pavilion Drive

Northampton

NN14 7SG

 

31st December 2008

 

Your Ref: XXXXXXXXXX

 

Dear Lewis,

 

I am writing in reply to your letter dated 21st November 2008. Unfortunately the copy of the signed application form you enclosed is completely unreadable. Under my S78 (1) request it states that you should be able to provide a ‘legible’ copy upon request. I would therefore request that you send a ‘Legible’ copy as soon as possible.

 

Please also note that upon checking my mobile answering machine I have received 40 automated messages from your company and all received within a space of 1 month.

 

As this account is officially in dispute I feel that you are overstepping your obligations with collecting payments and I now deem this method of contact as harassment. I would dutifully request you honour my original request in my last letter dated 18th November 2008 advising all contact must be in writing until this issue has been resolved to my satisfaction.

 

I look forward to hearing from you.

 

Yours sincerely

 

 

 

 

Account number 4929************

 

cc. Mercers Debt Collections Ltd, PO Box 55, Liverpool L32 8XX

Edited December 31, 2008 by sherry1980
good thinking by BRW - removed ref!!

[banker_rhymes_with]

Hello Sherry1980!

 

That looks fine, but I'd edit your above Post to delete their Reference Number, just so that they can't link this Thread to you (just click the Edit button at the bottom left of your Post, delete the Reference and Click Save).

 

I'd maybe add the following (edit as needed) to make it clear that you do not want these deadbeats anywhere near you, ever.

 

I am writing in relation to the quantity and frequency of telephone calls that I have recently received from bank/DCA, which I deem to be personally harassing. It has been our Policy for several Years now to avoid using the Telephone when handling financial matters. In view of this, we will never answer Account Security Questions over the Phone rendering any inbound Calls from bank/DCA totally pointless unless you are willing to be Recorded committing clear breaches of the Data Protection Act 1998.

 

I now require all further correspondence from bank/DCA to be made in writing only.

 

After taking advice, I am of the firm opinion that your continued pursuit is in clear violation of the Administration of Justice Act 1970 Section 40 and also the Protection from Harassment Act 1997 Sections 1-3 as well as breaching a number of the Office of Fair Trading (OFT) Debt Collection Guidelines.

 

If you elect to 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, the Office of Fair Trading and also the Police, meaning that your Company may be liable to a substantial fine and the employees or Managers responsible will be made the subject of a Criminal investigation.

 

Furthermore, I will report your Company’s continued Harassment actions to any such regulatory authorities as I see fit. This Harassment Warning applies to any and all dealings I may have with your Company, irrespective of the alleged Account in question.

 

In the event that you intend to escalate the above Harassment to include Doorstep calls by your Employees or your Agents, please be advised that under OFT Rules, you can only visit me at my home if you make an appointment and I have absolutely no wish to make an appointment with you. There is no need, as Written Communication is quite acceptable in Law.

 

Please note, there is only an implied license under Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions (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 your Employees, or your Agents 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 Civil Action will be taken.

 

All telephone calls from bank/DCA will be Logged via Calling Line Identity (CLI), Date and Time, and any Messages or Conversations will be Recorded.

 

One final comment, Barclays can be slippery on addresses, and recently slithered out of a Court Claim against them because the CAGGER concerned sent a key Letter to Barclaycard and not to Barclay's Registered Office. Barclays/Barclaycard denied they received the Letter at the correct Address, and the dopey Judge accepted that.

 

So, if I were you, I'd send everything to:

 

The Company Secretary

Barclays Bank plc

1 Churchill Place

London

E14 5HP

 

That is their Registered Office and The Company Secretary is the top of the food chain as far as Serving Letters and Documents on them is concerned. They cannot then deny getting what you send, provided you use Special Delivery, just to prove where it went.

 

Just start your letter off by saying:

 

Dear Sir or Madam, then say you are writing in response to the Letter from banker blaa blaa, their reference blaa blaa, and then carry the Letter on as above.

 

Don't forget to finish with "Yours faithfully" when you do not know the name of the person you are writing to.

 

They'll probably say who they would like you to write to, but just say no problem, and keep sending everything to The Company Secretary anyway! They'll get the message, internal mail routing should not present a problem for a sophisticated financial institution like Barclays.

 

Happy New Year to you, hope 2009 is a good one for you.

 

Cheers,

BRW

Edited December 31, 2008 by banker_rhymes_with
Clarity.

[sherry1980]

Hi BRW

 

May thanks for the info and the bits above.. I will alter the letter to fit and repost just for others but will let you know when I get a response.

 

Happy New Year to you too and see you in 2009 battling on.

 

Sherry1980 (will be having a few tonight!!)

[banker_rhymes_with]

Hello Sherry1980!

 

Delighted to help, being a thorn in Barclay's side is my pleasure.

 

Sherry1980 (will be having a few tonight!!)

 

And why not! Go for it.

 

Cheers,

BRW

[sherry1980]

Hi,

 

Have now had a letter from Power2Contact on behalf of Mercers asking me to call Mercers within 72 hours of the letter or they will send a Contact Manager round to my house!!

 

Also Barclays have respoded to my letter saying they have already issued a final response and have nothing further to add only that they are not breaking any laws by phoning me constantly as they are quite within their rights as I have not paid them!?!

 

They have not provided any further copies of my S78 therefore the only one I have is ilegibile.

 

Any advice on what action to take now?

[banker_rhymes_with]

Hello Sherry1980!

 

Have now had a letter from Power2Contact on behalf of Mercers asking me to call Mercers within 72 hours of the letter or they will send a Contact Manager round to my house!!

 

Check the Envelope, as I bet it was sent 2nd Class, and has arrived after the 72 Hour Deadline! IOW, another Harassment Letter. File that under H for Harassment!

 

Remember everyone, do KEEP ALL ENVELOPES, make that a habit because one day an Envelope may save the day for you (because it can potentially help to pin down Date of Service)! Even if you think the Envelope has nothing useful, KEEP IT ANYWAY. The Postal Licence may one day be of use, i.e. if you find it was sent by a DCA and not the Creditor for example.

 

WRT Power2Annoy, sorry, Power2Contact, they specialise on making visits, although most of the time bankers use their name as yet another Threat. If they only visit 20% of the time, the banks will lever that investment up, as they like to do with everything, by using them to imply a visit will be made, i.e. using the Reputation only.

 

If Power2Annoy never visited anyone, then they'd never get a Reputation for visiting. So, they do visit, but nowhere near as many times as the bankers get them to issue Visit Threat Letters!

 

Same goes for other pondlife like ScotCall etc who work on the same principle to get work from the bankers, i.e. visit every now and again, then live on the back of those visits to add a little weight to their Threats.

 

However, because Power2Annoy have made the Visit Threat, I think it would be wise to send Power2Annoy their very own No Harassment/No Visits/No Trespass Letter (like the one above at Post #8 for Barclaycard/Mercers).

 

Strictly speaking, the same letter applies to Power2Annoy because they are acting for Barclays Bank plc. But Power2Annoy are one of the groups that may visit, so it's probably worth seeing them off with a letter all of their very own.

 

I'd keep it general, and tell them they must stay away whoever they think they are acting for. IOW, write to the Company itself telling them to poke off as a Company, and not just directly in relation to Barclays. Make it clear that Power2Annoy must stay away full stop. That then should also keep them at arm's length should they end up being instructed by another banker later. If your Poke Off Letter is general, then you can pull that out later to point out that they are Trespassing if they ever appear later on behalf of some other banker/money-lender/usurer/same-thing.

 

As above, send the letter via Special Delivery, and send it to the Registered Office and point it at The Company Secretary. Always look up the Company Registered Office via the Free Web Check Service over at the Companies House Web Site, and make sure the Company Name and Company Number match what is on the Letterhead they have sent.

 

Please also be aware that Power2Annoy (Power2Contact) are a sister Company of Credit Solutions Limited, so take a look at them when you are over at Companies House, and I think you will see the Registered Office Address is the same. Perhaps send them a similar letter at the same time? That's because Barclays will use them too, although using one means they are almost certainly using both in view of the link between them.

 

Also Barclays have responded to my letter saying they have already issued a final response and have nothing further to add only that they are not breaking any laws by phoning me constantly as they are quite within their rights as I have not paid them!?!

 

Nice of them to confirm the Harassment in writing. File that under E for Evidence.

 

They have not provided any further copies of my S78 therefore the only one I have is illegible.

 

Then they have not responded to your s78(1) Request. See below:

 

Taken from the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557).

 

(1) Citation, commencement and interpretation

 

(1) These Regulations may be cited as the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 and shall come into operation on 19th May 1985.

 

(2) In these Regulations--

 

"the Act" means the Consumer Credit Act 1974;

"Agreements Regulations" means the Consumer Credit (Agreements) Regulations 1983 and any reference to any provision of those Regulations includes in the case of modifying agreements which are, or are treated as, regulated agreements a reference to Regulation 7 of, and the appropriate paragraph of Schedule 8 to, those Regulations;

"cancellable agreement" includes an agreement which is a modifying agreement treated under section 82(5) of the Act as a cancellable agreement; and "lettering" includes figures and symbols.

 

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557)/2 Legibility of notices and copy documents and wording of prescribed Forms.

 

(2) Legibility of notices and copy documents and wording of prescribed Forms

 

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the .

 

(2) The wording of any Form prescribed by these Regulations shall be reproduced in copies of unexecuted or executed agreements or in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the Act without any alteration or addition, except that--

 

(a) the creditor or owner may enter the name and address of the debtor or hirer in any Cancellation Form prescribed by these Regulations; and

 

(b) every Form shall be completed in accordance with any footnote.

 

(3) Any such footnote shall not be treated as part of any Form prescribed by these Regulations and may be reproduced in addition to any such Form.

 

(4) Where any such footnote requires any words to be omitted, those words shall be omitted or deleted.

 

This means that any reply to your s78(1) Request (or s77-79 if other Credit types), must conform as stated. It must be legible.

 

If the copy they send does not, then it does not comply with s78 so they are not entitled to Enforce the alleged agreement until do comply. IOW, in this case they are constrained from doing anything because of s78(6):

 

78 (6)

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.

 

It may be a waste of time, but a complaint to Trading Standards may be worth considering?

 

I hope this helps.

 

Cheers,

BRW

Edited January 19, 2009 by banker_rhymes_with
s78(6) details added.

[slick132]

Hi Sherry,

 

Keep a copy of this by the door - http://www.consumeractiongroup.co.uk/forum/letter-templates/131334-dca-response-threats-home.html

 

If anyone calls uninvited, hand them a copy and tell them you'll call the police if they fail to leave immediately. Shut the door and do not get involved in ANY conversation with them.

 

If you have a door chain, use it. If you don't, fit one.

[sherry1980]

Hi Everyone,

 

So Power2Conect turned up - guy in a suit and to be honest looked the part. Poor bloke! NOT!!

 

I told him that we hadnt lost contact with Barclays or Mercers I pointed out that he should actually know this and I can only assume Barclays are sending his company out on wild goose chases!!

 

He tried his usual I need your phone number to pass on to them, I responded with no you dont and I am not about to give out that to you or any other tom dick or harry just turning up on my doorstep without an appointment.

 

Told him to sling his hook and shut the door in his face he left! maybe back I dont know they dont scare me anymore.

 

............................................

 

Second thing is this I have decided to give barclays one last chance to give me what I have requested (not complained as they suggested) before just letting them summons me to court.

 

Let me know what you think of the letter below!!

__________________________________________________

 

 

Dear Sir/Madam

 

Thank you for your letter of 21 November 2008 and that of the 13 January 2009, the contents of which have been noted.

I would like to point out that my original letter dated 18 November 2008 and the subsequent letter dated 03 January 2009 was not a complaint and therefore your assumption that you have responded to a complaint is refuted.

You have failed to respond to my legal request to supply me with a true legible copy of the original Consumer Credit Agreement for the above account. I have enclosed a copy of the illegible copy of the agreement that you have sent me for ease of reference.

 

I feel I have given you clear opportunity to respond to these letters giving you chance to resolve my request. On the 18 November 2008 and again on 03 January 2009 I made a formal request not a complaint for a true legible signed agreement for the alleged account under consumer credit Act 1974 s77/8.

You have failed to comply with my request, and as such the account has entered default.

 

The document that you are obliged to send me is a true legible copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. 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 legible copy of a credit agreement to be carried out before your client enters 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.

 

As you have Failed to comply with a lawful request for a true, legible signed copy of the said agreement.

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 21 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 legible 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 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

__________________________________________

 

 

any edits welcome! PS I have receive a default notice from Mercers but because my account is not with them im assuming its just a false threat?!?

[Desperate Daniella]

Attagirl!

 

DD

[slick132]

Hi Sherry,

 

The letter looks fine to go off.

 

Reply to whoever sent or threatened the DN and point out that the a/c is clearly In Dispute due to BC's failure to comply with their obligations.

 

Accordingly, any action taken to collect, or place a default regarding, this debt will be challenged vigorously. Reports will also be made to the FOS and to Trading Standards.

[banker_rhymes_with]

Hello Sherry1980!

 

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.

 

Just a quick correction...

 

Credit Cards would be s78(6)(a) .

 

Loans etc would be s77(4)(a).

 

There isn't a s77(6). So I think you meant 78(6) as yours is a Credit Card.

 

As you probably know, the (b) in each Section has now been repealed.

 

Just wanted you to be accurate when talking to these bankers!

 

Cheers,

BRW

[banker_rhymes_with]

any edits welcome! PS I have receive a default notice from Mercers but because my account is not with them im assuming its just a false threat?!?

 

Probably be wise to take that one seriously, as I think Mecers are part of Barclays Bank plc.

 

So a Default Notice from Mercers is from Barclays Bank plc Trading As Barclaycard.

 

KEEP THE ENVELOPE it came in.

 

Cheers,

BRW

[steven4064]

If I can add my 2p's worth

 

What they have sent (post #1) is clearly just an application form and, as BRW has pointed out, it doesn't have the prescribed terms. (I'm not sure but it may not have a signature either). To be enforceable it must have both - if either is missing, it is not enforceable.

 

Often, credt card companies will send an application form plus a document with the T&Cs on. If they do this, the document is still not enforceable, but it does comply with s78(1) and you cannot claim they are in default under s78(6).

 

In your case, though, it seems they didn't send anything except the application form. I would saythat doesn't comply with s78(1) as it does not constitute a 'true copy'. To be a 'true copy' it must have all the important features of the original agreement which includes the prescibed terms. It deosn't have to have a signature though (and would therefore be unenforceable).

 

Moral - a 'true copy' is required to satisfy s78(1) but a 'true copy' is not necessarily enforceable. (in fact, they usually are not)

[sherry1980]

Its been a long time since my last post here. Im now back on my feet and want to some how get B/C to roll over and go away with a settlement.

 

I havent heard from them or any of their hounds for some time now, and the last I did get was a letter with idle threats ... "Pay up now or else"... "Have we done something to offend you, please call"... ha ha ha..... NO.

 

I want to be able to offer them “without prejudice" a % of what the account balance is to make them remove the account from credit reference agencies and close it. We are planning to emigrate so dont want this lingering.

 

My questions are;

 

A) Is this wise? And whats the likely hood that they will accept?

B) What % would you go for?

 

When battling my MBNA case they towards the end offered 10% of the account to settle, and they had a decent case against me!! Solicitor ended up pulling them to bits for their slow actions and they lost. This on the other hand looks like BC would have a week case, considering the application form they have sent (page 1 of this theard)

 

Thanks

 

Sherry1980

[slick132]

Hi Sherry,

 

It's up to you if you want to start a dialogue with them seeking a F&F Settlement.

 

Start low (10%) and negotiate as you see fit but I think you'll have real probs getting them to remove any adverse data from your Credit Files.

 

The only thing that may help with this is if they have registered a Default or other markers against you which includes any penalty charges on the a/c. Are there any penalties on this a/c. This would give you grounds for disputing adverse credit markers.

 

Even if you reach a settlement, they will still show the a/c as only partially settled. But, if you are emigrating, I shouldn't let it worry you.

 

You may have a better chance of getting a F&F Sett't if the debt is passed onto one of BC's DCA's or, better still, sold on to an independent DCA (who will have paid very little for the a/c).