myself and barclaycard

[davidm]

Re: myself and barclaycard

in post 34 i sent a cca to barclaycard for one of my accounts [i have three] had no reply, they then passed it to calders, i sent the account sold while in dispute letter, today i recieved, this do barclays think they have sent a cca or are they responding to the account sold in dispute letter ????

[davidm]

Re: myself and barclaycard

no reply from my cca request but today i get this there going to default me .had a letter back from there complaints dept saying they are dealing with my complaint [cca] i assume .

[davidm]

Re: myself and barclaycard

-------------> Account Sold whilst in Dispute

many thanks

[nightwatch]

Re: myself and barclaycard

my account has now been passed to calder financial and they are asking me for a payment offer, BUT i have still no reply to my CCA request from mercers/barclaycard .so should i send the account sold whilst in dispute letter ???

unless i'm mistaken( and some one will tell me) Calders are part of Barclays,
I would wait and see what else you get

[Deepie]

Re: myself and barclaycard

ok i cant find the correct letter would you mind posting a link thank you

-------------> Account Sold whilst in Dispute

[davidm]

Re: myself and barclaycard

I Would........... Even though Calders are part of Barclays

ok i cant find the correct letter would you mind posting a link thank you

[Deepie]

Re: myself and barclaycard

my account has now been passed to calder financial and they are asking me for a payment offer, BUT i have still no reply to my CCA request from mercers/barclaycard .so should i send the account sold whilst in dispute letter ???

I Would........... Even though Calders are part of Barclays

[davidm]

Re: myself and barclaycard

my account has now been passed to calder financial and they are asking me for a payment offer, BUT i have still no reply to my CCA request from mercers/barclaycard .so should i send the account sold whilst in dispute letter ???

[Pixie]

Re: myself and barclaycard

It's unenforceable until they send your cca.

[davidm]

Re: myself and barclaycard

no reply on my cca request as yet

[Never-In-Doubt]

Re: myself and barclaycard

CPUTR is non responsive to consumer complaints. We cannot utilise it nor the provisions within it.

In fairness, it's all a joke. I always argue that if a lender has not got an agreement (that shows my agreeing to their external processing of MY data) then they should not be able to add any data to cra's. However mcguffick paved the way for wide scale creditor abuse. It's petty and cos they know they can't beat us they play silly games and add defaults.

Fuck em. Let em add one. We have the last laugh. I'll swap £100k of debt for 10 defaults any day of the week.

But the old way of thinking is defunct. You cannot put an account "in dispute" like the way you describe, for s.78 failings. Yes they cannot enforce but you don't have a right to formally dispute it and the FOS know this and have issued a fact sheet to lenders stating s.78 failings do not constitute a formal dispute.

To clarify a formal dispute is one such as niddy v opus which the FOS found in my favour, was a genuine dispute as it was their fault. They then added a default. I complained having formally disputing it. FOS found for me. £400 cash. £350 knocked off balance plus 0% apr till closure and no cra data allowed to be reported.

THAT was a genuine dispute.

[Enforcer]

Re: myself and barclaycard

Had 2 of the above default notices from Mercers. Note that are are sent under Section 87(i) and not 87(1) defective and ILLEGAL under CPUTR 2008 as they also include an official notice from OFT. They are clearly intended to cause the average consumer to make a transactional decision that they would otherwise not have made. In simple terms the average consumer may pay Barclaycard instead of priority debts.

Send a copy of this "default" with a letter of complaint to the Office of Fair Trading, this scam is a CRIMINAL ACT and is should result in a fine or imprisonment!

I have already reported this matter, and the more complaints that they receive the greater our chance of stopping them.

[Shadow2981]

Re: myself and barclaycard

This is no longer the case, not after McGuffick vs RBS where it was established that reporting to the credit reference agencies does not constitute enforcement.

I understand it is not considered enforcement, but shouldn't the "correct" reporting in that case (in order not to breach ICO guidelines) be simply marking it as "UC" until the dispute is resolved? Anything else would surely be an innacurate record?

[oscar]

Re: myself and barclaycard

No point in chasing them for your response after the initial letter has been sent. Just leave it at that until they do respond.

[Shadow2981]

Re: myself and barclaycard

You can email them 14 days after you have checked they received your request (I think email counts) advising that the debt is formal dispute if they dont send CCA within that time.. Saves on postage, and inform them they cannot collect.

If my understanding is correct, they shouldnt be able to record any adverse data on your credit file during this time, but recently my understanding of how this works has proven to be hazy, so someone like Niddy should be able to clarify this... I do believe you need to inform them that it is in dispute though, dont rely on them acting accordingly!

I know I'm getting ahead of things here, but use that time to prepare for both scenarios.. Get a draft email written up and saved, ready to send, and get a response ready just so you need minor editing for if they do respond! Always helps to be organised, and prepared