Barclaycard - no CCA

[Ruby]

Re: Barclaycard - no CCA

ROLL ON NOVEMBER ........
Keep us informed Londoneye!

[Ruby]

Re: Barclaycard - no CCA

:tinysmile_twink_t2:Its all gone very quiet! After writing a 'bemused' letter to BC copied to Mercers two weeks ago stating how it is possible that BC do not know the difference between T & C's and a CCA the phone has been very quiet and no letters either - I hope I have not jinxed myself by saying that! Do you think that B C are finally admiting defeat, anyone?

[Ruby]

Re: Barclaycard - no CCA

Yes, I had just jinxed myself. I got a phone call this evening (Saturday!) from Mercers threatening to send someone to my door. I told them that the account was still in dispute with BC and I had not received a reply to my last letter from them - they stated that the phone call was their response and since I am not willing to speak over the phone they will send someone to the door!! The thing is I KNOW the account is unenforceable, I have asked them time and time again for my CCA and all they have sent is copies of generic T & C's and covering letters stating the usual crap i.e the T & C's are enforceable. What do I do next, please help. In brief my last letter to BC stated that I found it bewildering that BC do not know the difference between a properly executed CCA and generic T & C's that could belong to absolutely anyone.

I know I have repeated myself from previous posts - I find these calls really unnerving, I guess that is Mercers doing their job well?! I need to try and keep my cool. Have there been any cases put forward to court yet?

[Tools]

Re: Barclaycard - no CCA

Ask them if they take sugar in their tea, what biscuits they would prefer and an approximate time that they will arrive as you want to look your best and you can get the best china out.

They will not come.

[Ruby]

Re: Barclaycard - no CCA

Will do, thanks. What would I do without you guys!!!!

[jax007]

Re: Barclaycard - no CCA

Crikey ... ... am I the only person in the world to have received a CCA (albeit non-compliant) from Barclaycard AND had a court claim issued against them????

I requested CCA in April 2008 and received agreement (or rather application form) in June 2008.

I wrote to BC and told them it wasn't compliant and account in dispute.

July 2008 - BC wrote and told me it was compliant and account was not in dispute and they would chase debt.

Account was passed to CL Finance and court claim was issued in March 2009. Howard Cohen is acting for CL Finance and after a letter from me wrote back in May stating they had requested original agreement and default notice from their client.

Following my defence and AQ - judge stayed the claim and ordered the following:

1. claimants do file and serve by 4pm on 19 August 209 a fully pleaded POC setting out the full circumstances of the claim and how it is calculated, and exhibiting :

a) the original agreement between Barclays Bank and the Defendant
b) a copy of the agrement between Barclays and claimants relating to the assignment of the agreement
c) copy of the notice of assignment to the Defendant
d) copies of the statement relating to the account showing when the Defendant last made a payment under the agreement being sued upon.

2. The defendant do file and serve an amended defence within 14 days of service of the documents referred to in paragraph 1 hereof.

Needless to say ... none of this was forthcoming ... which has just jogged my memory that I need to see where this claim is at the moment :doh:. Guess it's still stayed so I need to see if there is any action that needs to be taken.

Will call the court and let you know state of play.

jaxx
------------------------------- merged -------------------------------
Ooops!!!!

Forgot to say that all of this was possible with the invaluable help and support of our own Curlyben!!

Sorry Ben!

[Curlyben]

Re: Barclaycard - no CCA

LOL, no worries Jax.
Get the court called tomorrow and get this finished for good.

I had fun and games with B'card and Mercers being idiots.
They ended up passing it round the houses and no-one was able to produce an agreement.
The best part of it all was the differwence between charges and outstanding balance was £20 in my favour, but B'card wouldn't even acknowledge my compromise in this regard.
I guess that's why it never ended up in court

[Ruby]

Re: Barclaycard - no CCA

Did you get the debt written off, or was the account just 'suspended in time' Curlyben?

[Curlyben]

Re: Barclaycard - no CCA

It went to the great debt scrap heap in the sky..

I'm just waiting for the likes of mucky Hall to try it on..

[Ruby]

Re: Barclaycard - no CCA

Mucky Hall? Sorry you've lost me! Lol

[Curlyben]

Re: Barclaycard - no CCA

Mucky Hall - MacKensie Hall, a DCA that specialises is the purchase of totally unenforceable and statute barred debt.

If you ever receive a letter from them, simply ignore it as they are as toothless as they come.
They might follow it up with a Visit threat from Meitforce, but they are simply another part of the same crowd. Laugh at them as they make lots of noise, but have nothing to actually go on.

Even their own site is total Bovine Excrement: Mackenzie Hall :: Home

Mackenzie Hall is the most dynamic, innovative and successful Debt Recovery Agency in the UK.

ROTFLMAO..
*Cough*
yeah right

[fuzzybrain]

Re: Barclaycard - no CCA

I have now received a pre legal notice from Calders, informing me that if i fail to contact them they may take one or more of the following actions:

Visit my home address (well they didn't come last time they promised)

Try to obtain a charge on my property (If restons didn't get on what makes them think they will!!

Request a court order to deduct my debt frm my wages/salary via my employer (Err little matter of needing a CCJ first!!!)

Seziure and sale of my personal belongins by order of the court (And yeta gain- they need a CCJ first!!)

What is interesting is that although they threaten all of the above, they never actual say they are going to take me to court, so i guess its just a hot aired threat o gram.

Oh plus i've missed the deadline coz according to them i had to call them within 24 hours and the letter is dated 5th november!!! But they have very nicely underlined the word will when they state failure to act upon this letter will result in further action being taken!!!

Well never mind co I have acted on this letter - I have filed it under I for ignore unless anyone else has any better ideas?????

[Ruby]

Re: Barclaycard - no CCA

Just back tracking a little here ....
If the account is still in dispute with the original company ie. BC, I have not received a reply to my last letter to them, surely they are not allowed to pass details on until the matter is resolved?

Good luck fuzzy, thinking of you - you have the right attitude.

[Curlyben]

Re: Barclaycard - no CCA

Not allowed, yes, but the still do.
Normally they will claim that they never received your letter.
Now if we were to say that they would jump on us !!

[Tools]

Re: Barclaycard - no CCA

Yes, I have an idea for you, complain to the OFT who actually allow them and their employers to hold a consumer credit license.

Visit my home address (well they didn't come last time they promised)

Try to obtain a charge on my property (If restons didn't get on what makes them think they will!!

Request a court order to deduct my debt frm my wages/salary via my employer (Err little matter of needing a CCJ first!!!)

Seziure and sale of my personal belongins by order of the court (And yeta gain- they need a CCJ first!!)

What is interesting is that although they threaten all of the above, they never actual say they are going to take me to court, so i guess its just a hot aired threat o gram.

Oh plus i've missed the deadline coz according to them i had to call them within 24 hours and the letter is dated 5th november!!! But they have very nicely underlined the word will when they state failure to act upon this letter will result in further action being taken!!!

Well never mind co I have acted on this letter - I have filed it under I for ignore unless anyone else has any better ideas?????