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CCA for dummies help

Just had a lovely conversation with Barclaycard (Mercers, actually).

Anyhow, cut a long story, I can't afford to pay what they are asking but they really annoyed me. I ended up continually saying, "I can't afford that" to all their suggestions.

I have £5500 of debt with Barclaycard. ProRata (sp) I can afford £23 yet they want £60.

As mentioned, they've really annoyed me. Every other creditor has accepted a self administered DMP but they won't. I intend to pay off all creditors fully and, with a secured loan finishing in a few years and shares coming out of trust, I will be able to in a total of about 8 years.

Right, back to my question. I keep on reading about people asking about unenforceable CCAs - I'm assuming that that stands for Credit Card Agreement. My Barclaycard was taken out 25 years ago. I have no idea what I signed but I could do with finding out. Is there some sort of guide on here of exactly what I need to be doing? I keep on seeing that you can send a request with £1, but then I read someone's post and it seemed that what you got back for your £1 wasn't really worth getting. There's also a £10 fee for something, does that give me back what I need?

I was simply going to send them another statement of affairs (the budget template from National Debt Helpline) with a letter in saying that if they don't accept my payment then I will be forced to start investigations into whether the cards (I have two Barclaycards) are legitimate. I know that it's a bit aggressive and it is me that's run up the debt but they are being far from understanding.

Jim

btw, is Mercers an internal company within Barclaycard? I only ask as my cards do not have any default on them yet and I would have thought that they wouldn't pass the debt on to an external company without issuing a default first.

Comments

  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    InDeepDebt wrote: »
    btw, is Mercers an internal company within Barclaycard?

    Yep.................
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • pepe2008
    pepe2008 Posts: 5,158 Forumite
    InDeepDebt wrote: »
    Just had a lovely conversation with Barclaycard (Mercers, actually).

    Anyhow, cut a long story, I can't afford to pay what they are asking but they really annoyed me. I ended up continually saying, "I can't afford that" to all their suggestions.

    I have £5500 of debt with Barclaycard. ProRata (sp) I can afford £23 yet they want £60.

    As mentioned, they've really annoyed me. Every other creditor has accepted a self administered DMP but they won't. I intend to pay off all creditors fully and, with a secured loan finishing in a few years and shares coming out of trust, I will be able to in a total of about 8 years.

    Right, back to my question. I keep on reading about people asking about unenforceable CCAs - I'm assuming that that stands for Credit Card Agreement. My Barclaycard was taken out 25 years ago. I have no idea what I signed but I could do with finding out. Is there some sort of guide on here of exactly what I need to be doing? I keep on seeing that you can send a request with £1, but then I read someone's post and it seemed that what you got back for your £1 wasn't really worth getting. There's also a £10 fee for something, does that give me back what I need?

    I was simply going to send them another statement of affairs (the budget template from National Debt Helpline) with a letter in saying that if they don't accept my payment then I will be forced to start investigations into whether the cards (I have two Barclaycards) are legitimate. I know that it's a bit aggressive and it is me that's run up the debt but they are being far from understanding.

    Jim

    btw, is Mercers an internal company within Barclaycard? I only ask as my cards do not have any default on them yet and I would have thought that they wouldn't pass the debt on to an external company without issuing a default first.

    Mercers is PART of Barclaycard....its their Collections Department under a different name. You may also get contacted by others 'on behalf of' Mercers...e.g Scotcall....maybe they cant be bothered to pick the phone up!

    If you send a request for your Consumer Credit Agreement ( go to the 'Unenforcability and Template Letters thread ) what you will get back from Barclaycard will be an unsigned copy of the Terms and Conditions which they claim is all they have to send you....it isn't! Its just that Bcrd seem to think that they can get away with this and that people will give up and pay up!
    Send the CCA request and then see what comes back, then post on the above thread.
    SEND THE REQUEST TO mERCERS AS THEY ARE ACTING AS aGENTS FOR bARCLAYCARD.
    :D:D stay wonky :D:D

    ....one-way ticket to Portugal booked !
  • Thanks for the above info.

    Paid my £23 - showing willing and what not.

    I now need to do two things. One is to send them my statement of affairs again. Secondly, I need to start the ball rolling the the unenforceability letters - found the thread now.

    Quick question though. As this is now with Mercers, do I contact them or Barclaycard?

    I'm tempted to contact Barclaycard. No-one's had the decency to advise me that it's been handed over to Mercers.

    In fact, I've just answered my own question.

    Thanks to everyone for their useful posts on this forum. Reading them helps to get me through long night shifts.


    Jim
  • DGJsaver
    DGJsaver Posts: 2,777 Forumite
    You know that if you go down the unenforcability route , then you need to stop paying ?
  • ^^

    Hi, yes I did realise that.

    They issued me with a notice of intention to default anyhow today so I'm not too bothered about witholding payment if needed. I've also got defaults from other creditors so, what harm can another do?

    Just preparing my CCA letters now whilst we have a quiet moment at work.


    Jim
  • DGJsaver
    DGJsaver Posts: 2,777 Forumite
    good luck jim , let us know how you get on as i am currently in dispute with barclays and barlcay card as to enforcable CCA`a as well..
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