Cca Requests Updates Please

MS_Dolphin

10past6 wrote: »

Ms Dolphin

Send them the following letter, in the meantime, if your account is in dispute with them, and they are aware it is, you MUST report them to OFT & TS, send the OFT & TS copies of all your dealings with the company

Dear xxxx

Account Ref xxxx

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (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 you, 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 action will be taken, including but not limited to, police attendance.

Yours faithfully/sincerely,

Thanks for this - it is a great help - it will be in the post tomorrow. Do I send it to Barclaycard and/or Mercers?

I believe that the case is in dispute. Barclaycard say that it is not. The problem I've got is that I really don't know what to do next. They keep adding interest and charges and threats like this.

Anyway thanks again.

P.s. Do either you or Rog2 ever sleep?

rog2

MS_Dolphin wrote: »

Do I send it to Barclaycard and/or Mercers?

Mercers are an integral part of Barclaycard, MS - probably little more than a computer software program operated by the 'work experience' lad. :rolleyes:

You should send all correspondence to the person who is 'chasing you' - in this case Mercers.

It will, inevitably, find its way to 'Barclaycard' - HOWEVER, if you want to play them at their own game, you can send Barclaycard a copy of the 'FORMAL NOTICE - ACCOUNT IN DISPUTE' letter that you will find on Post#8 of the following thread:

http://forums.moneysavingexpert.com/showthread.html?t=963087

Eupho

rog2 wrote: »

No, Eupho - Overdrafts are not, generally, covered by the Act. Niether are 'Mobile Phone Agreements' as these are 'Consumer Service Agreements' as opposed to 'Consumer Credit Agreements'.

If you wish to query any aspect of an overdraft, or mobile phone agreement - for example charges, interest etcetera, you would need to make a 'Subject Access Request' or 'SAR'.

This can take longer than a CCA request, as the creditor would have 40 days in which to reply, but would have to send you everything that they hold on file about you, including any agreements, which would allow you to identify any errors or flaws.

Smarty Pants.. I do that..

Anyhoo.. thankyou all your help Rog! :T

I'm not querying any ODs of mobile phone contracts.. But I learned something new!.. :T

I've just got back from posting my CCAs .. The lady in the PO is getting faster!!.. It was 14mins this time.. instead of 25.. :rotfl:

Sona si Latine loqueris ... haha

Eupho

Woooo I was just reading through some of the posts on this thread..

You guys are all so cool, calm (unlike me) .. and clever! (unlike me) :rolleyes:

Thankyou! :beer::T

MS_Dolphin

rog2 wrote: »

Mercers are an integral part of Barclaycard, MS - probably little more than a computer software program operated by the 'work experience' lad. :rolleyes:

You should send all correspondence to the person who is 'chasing you' - in this case Mercers.

It will, inevitably, find its way to 'Barclaycard' - HOWEVER, if you want to play them at their own game, you can send Barclaycard a copy of the 'FORMAL NOTICE - ACCOUNT IN DISPUTE' letter that you will find on Post#8 of the following thread:

http://forums.moneysavingexpert.com/showthread.html?t=963087

Thanks again Rog2.

Just a quick check - you mention to send this to Barclaycard, but the content of the letter suggests it go to Mercers? Does it go to both?

Thanks,

rog2

MS_Dolphin wrote: »

Just a quick check - you mention to send this to Barclaycard, but the content of the letter suggests it go to Mercers? Does it go to both?

Okay - just to save things from getting over-complicated:

If you sent the original cca request to Barclaycard and are now being pursued by Mercers, then the 'FORMAL NOTICE - ACCOUNT IN DISPUTE' letter should go to Mercers.

I think the sun may be 'addling' my brain today.

mary_mungo_+_midge

Hi!I don't know if this is any help at all, but I CCA'd Barclaycard back in jan and have continued to pay despite them not having a CCA ( only supplied a blank one and they say that is all I need). A lady rang me to review my payment plan last week and when I mentioned that the account was in default and that I had sent numerous letters recorded delivery stating this fact, she calmly told me that Barclaycard don't act on letters!!! However she did acknowledge that no CCA had been sent and was happy with my suggestion of what I should pay each month, interest remains frozen, no charges etc. Really don't know what to do now lol, if they freely admit to simply filing the letters and not actually taking any notice of them x

10past6

MS_Dolphin wrote: »

They keep adding interest and charges and threats like this

Don't worry about what charges / interest they're adding, it's neither here nor there whilst your account in in dispute.

"If" and "When" they find your original agreement and they chase you for payment, it's at that stage you raise another dispute re charges / interest they've added whilst you account was in dispute.

Trust the above makes sense

MS_Dolphin wrote: »

P.s. Do either you or Rog2 ever sleep?

No :rotfl:

Kudox

Sorry to post again about thsi but think maybe it got missed.
All Marbles sent me was a copy of current Terms and Conditions saying they were unable to supply historic T&C's /agreement.
It had my current credit limit, current APR and a different account number(Bank of Scotland changed the number when they took over from HFC)
I sent the 12+2 letter , then they replied saying they were of the opinion that they had fufilled there obligations and the account was enforcable.
can anyone shed any light on this please?

stapeley

stapeley wrote: »

Seems that companies are sending copies of Application forms in response to CCA requests. Its the same with my case , Clap quest have only sent a application , after 14 months of letters back and forth , now threatening legal action . Well I say" bring it on !!! ". For others in same situation remember it is for them to comply with your request . The correct procedure when issuing loans or credit cards is , process an application form , approve or disapprove . A Consumer Credit Agreement form should be sent out and returned SIGNED by applicant . Loan or credit card sent .
All paperwork should then be kept save in case of a dispute for reference . Without retention of this signed form there is NO proof of details of an account conditions etc . That is why the CC ACT says no CC AGREEMENT no enforceable debt .

Now received a letter from CQ threatening to take court action and get a Attachment to earnings order . Well , as I am self employed and only earning around £ 4000 a year. Shall I offer 50p a week ? That is if they come up with a signed CCA !