Me v Barclaycard - not quite sure what to do next if anything?

[100mel]

Some months ago I made a CCA request to Barclaycard and got the usual letter plus a pre printed sheet of terms and conditions which seemed to match what everyone who posts seems to get. The harassment started in earnest and then Mercers became involved. I have managed to stop this with the use of letters etc but it will no doubt start again. However, despite repeated letters no agreement has been forthcoming. This is an extremely old matter and I am querying how enforceable this is - just wondering what I should do next. Presumably they will take court action but without any agreement how can they do that and what should I do if they do?

Grateful for any advice from anyone who might have been this way before with Barclaycard


Mel

[Amethyst]

Re: Me v Barclaycard - not quite sure what to do next if anything?

If they do then you will defend on the basis of no CCA.

Are you making payments ? If not when was the last payment/acknowledgement of the debt you made barring the requests for information ?

[100mel]

Re: Me v Barclaycard - not quite sure what to do next if anything?

I stopped making payments some two months ago having made formal request for CCA - I received a letter saying that this would come under separate cover and all that has been received is a statement of terms and conditions - no signatures from anyone on anything

M

[Amethyst]

Re: Me v Barclaycard - not quite sure what to do next if anything?

okay and you have responded to them reminding them generic t&C's do not fulfill their obligations, that you will stop paying and asked them to put the account on hold as fully disputed pending their compliance ?

[100mel]

Re: Me v Barclaycard - not quite sure what to do next if anything?

Yes plus notifying them in writing concerning harassment and a request for all communications to be in writing

[Ruby]

Re: Me v Barclaycard - not quite sure what to do next if anything?

Hi, going through the exact same with BC. Spoke to Mercers last night - they called,- dispite the fact that I wrote to BC stating 'whilst the account is in dispute all communication is to be in writing' Mercers have said that the account is enforceable and they threatened me with door step collection! Their stance on the matter is that I signed the back of the card so the debt is enforceable and that they have won cases in court recently.

[100mel]

Re: Me v Barclaycard - not quite sure what to do next if anything?

That's an interesting slant - how do they do that without providing any semblance of an agreement ?

[maruvian]

Re: Me v Barclaycard - not quite sure what to do next if anything?

Just to be on the safe side it is always a good idea to backup a CCA request with a SAR, as creditors have learned that they can send true copies for a CCA request. Whereas if there is a signed agreement then they have to send a copy with a SAR.

[Ruby]

Re: Me v Barclaycard - not quite sure what to do next if anything?

They claim that the T & C's that BC sent were the 'enforceable' agreement. I set up a repayment plan with Mercers about 18 months ago - being ignorant at the time! - but have now stopped paying them after request CCA from B/Card and getting photocopy of T&C's. I'm wondering if because I have paid something to them in the past that is me accepting that I have an agreement with them - if you see what I mean. I'm not a quick thinker - I should have said over the phone that I did not sign the back of the card - opps forgot - I wonder what they would have said then? Does anyone know if BC have won cases recently?