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unenforceable debt with Barclaycard

I never applied for a Barclaycard but I received a letter saying my account was overdue. When I investigated further a bill had been run up in my name for approx £3000.
Using the templates from this site I wrote to Barclaycard asking for a copy of the credit agreement.
They replied stating they don't have a copy of the credit agreement but have instead sent out a copy of the terms. They have also said they can't enforce this debt.
However they have now passed this debt (which is not mine anyway!) onto Mercers Debt Collections Ltd. I understand this company is owned by Barclays??
Does anyone have any advice as to how I can resolve this?

Comments

  • ILW
    ILW Posts: 18,333 Forumite
    Report it to the police as fraud.
    What address is teh card registered at and why have you not received any statements?
  • paraza
    paraza Posts: 68 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    They now send me monthly statements but there is no further expense on the card
  • paraza
    paraza Posts: 68 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    Sorry and it is registered to my address
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    - You asked for a copy agreement under CCA s78? If so, that was the wrong thing to do. Only the actual debtor is allowed to request that, so it just makes it look like it is your debt that you are trying to avoid.

    - Report it to http://www.actionfraud.police.uk/ to get a crime number that you can give to Barclaycard and/or any collector they use.

    - Add a dispute to any credit file this appears on.

    - Tell Barclaycard that this is as a result of fraud, and demand that they investigate. That you require them to stop chasing the matter and give you a final response within 8 weeks that you can take to the Financial Ombudsman.
    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
  • StuC75
    StuC75 Posts: 2,065 Forumite
    Sounds more of a fraudulent account, rather than something unenforceable.. This should be dealt with accordingly - a clear 'Not Me' rather than 'Prove its me'..
  • Sounds like fraud.

    How long ago? If recent there is no excuse for not being able to produce the agreement, unless it wasn't you :)
    :beer:
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