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**homer22dog** · 3 October 2010, 15:44

Re: homer11dog unenforceable diary

Barclaycard CCA Request

1. Barclays Credit Card
2. Started March 2003
3. Approximate Current Balance £4000
4. Last Paid March 2010
5. I was on a DMP but took Barclay Card off it in March 2010
6. I have been defaulted on account
7. Account still owned by Barclay Card but Mercer have been instructed to collect

To Date:-
• I requested CCA in August 2009 recorded delivery; no CCA sent,
• I sent CCA reminder 12+2 days recorded delivery; terms and conditions supplied.
• I sent CCA quary; response saying that are satisfied they have meet terms of CCA.
• I sent account in dispute letter; no response from Barclays
• I sent 2nd account in dispute letter in January 2010; no response from Barclays
• Letter to Barclays of dispute on account and that I will complain to FSO; no response from Barclays,

• I then contacted FSO; load of rubbish, no help.

• Mercer now collecting on account; gone all quiet with them,

• Barclays have just sent a signed application form with terms and conditions in a separate booklet.

Currently Up-to-date:-

• Sent DCA Mercer sold in default of CCA request,
• Sent to Barclaycard CCA Query – application form received,

Up-to-date (watch this space)

**homer22dog** · 3 October 2010, 15:54

Re: homer11dog unenforceable diary

Northern Rock

1. Type of account Unsecured Loan,
2. Started April 2005 over internet,
3. Current balance £22,000 original balance £25,000, (interest loaded on from the start so original balance was £29,000 with all the interest)
4. Last paid September 2010,
5. On DMP with CCCs since 2007
6. No defaults yet,
7. NR still own account.

• Just sent a CCA request; 3/10/10,
• Not done this earlier, I think it will be enforceable, just trying my luck!

Up-To-Date

**homer22dog** · 3 October 2010, 17:23

Re: homer11dog unenforceable diary

Thanks hantsandy,
Sometimes it doesn’t feel like I’m in control, I tend to leave thing till the last minute to respond and lose track of myself.

**5corpio** · 3 October 2010, 17:57

Re: homer11dog unenforceable diary

Originally posted by homer11dog

Sometimes it doesn’t feel like I’m in control, I tend to leave thing till the last minute to respond and lose track of myself.

Welcome to the Forum Homer

Its Looking good so far, just a piece of advice as you say 'tend to leave things till last to repsond and keep track of things' is to also keep a diary of your events on your computer as well for you to fall on.

An Excel spreadsheet is good to keep track (as you can view these on one page. Date sent, date responded, rough detail)
or whatever way you wish to lay it out as.

**Never-In-Doubt** · 4 October 2010, 07:06

Re: homer11dog unenforceable diary

Hiya

Seems you're bang up-to-date.... Keep us updated as and when things change and they start responding.

No leaving things til the last minute now though, when you get a response post on here then by the time I get a chance to respond a few days will usually have passed.... stay on top of things, you're doing great!

**homer22dog** · 10 October 2010, 10:37

Re: homer11dog unenforceable diary

Hi,
Received this reply on Friday from Barclays from my letter I sent on Monday, (see attachment)

I will attach in a further post the information they refer to from correspondence 28th September.

I also received a phone call from Mercer,
I told them that as far as I was concerned the account is still in dispute,
Mercer then said that Barclaycard had fulfilled the request for the CCA,
I then finished call by saying I will only deal with Barclaycard in the future and not to call anymore.

**homer22dog** · 10 October 2010, 10:59

Re: homer11dog unenforceable diary

Hi, Here are some of the correspondences from 28th September. That previous attachment refers to, more to follow

**homer22dog** · 10 October 2010, 11:08

Re: homer11dog unenforceable diary

Hi, Some more of the correspondences from 28th September. That previous attachment refers to, this is all that I received on the 28th September other than a booklet of standard T&C to CCA

Thanks Everyone for all your help,

Regards,
Homer11dog

**Never-In-Doubt** · 10 October 2010, 11:20

Re: homer11dog unenforceable diary

Please delete these images and do as I ask - email me using details in my signature. I don't like the forum wasting space with old files of cca's etc - no need when I ask people to email me instead

Thanks

**Never-In-Doubt** · 10 October 2010, 11:26

Re: homer11dog unenforceable diary

Originally posted by homer11dog

Hi,
Received this reply on Friday from Barclays from my letter I sent on Monday, (see attachment)

I will attach in a further post the information they refer to from correspondence 28th September.

I also received a phone call from Mercer,
I told them that as far as I was concerned the account is still in dispute,
Mercer then said that Barclaycard had fulfilled the request for the CCA,
I then finished call by saying I will only deal with Barclaycard in the future and not to call anymore.

Why are you speaking to a dca on the phone? You don't do this - EVER!!!! Maybe you need time to read a few diaries and help pages ?? I can't help if you're working alone against everything I ask of you. Seriously have a think and if you wanna do this then you gotta start listening to what we tell you!

**homer22dog** · 12 October 2010, 08:18

Re: homer11dog unenforceable diary

;Red Sorry lesson learnt, wont happen again!!!!!!!!!!!

**Never-In-Doubt** · 12 October 2010, 23:57

Re: homer11dog unenforceable diary

we tell you this to protect you from unnecessary hassle - not to act clever, so don't think I was being rude but seriously trust us and life will be more bearable than before... that we can promise you.

**homer22dog** · 17 October 2010, 12:13

Re: homer11dog unenforceable diary

Hi All,
Quick up date so far Sunday 17th October 2010,

Barclaycard have sent a letter saying that “our record show that a copy of your Executed Agreement has been sent as recently as 28th September 2010. We believe that the information we provided fulfils our obligations under Section 78 of the CCA 1974 and we do not agree that the account is in dispute.”

I did receive a sighed Confirmation Form (looks like an application form), this was also sent with copy of their terms and condition and a separate letter on the same day containing Barclaycard Conditions.
The letter then goes on to say you believe the account to be not enforceable, “enforceable in a court of law”, what it does not mean , is that normal administrative actions such as debiting account, charging interest and seeking repayment of the debt from the person who borrowed the money.
It then goes on to say that the FOS investigated the complaint and did not uphold the complaint and that they will not enter into further correspondence about the matter, and that I am to contact Mercers.

The complaint only ever reached the FOS Adjudicator and never went any further until I pulled the complaint, ;D this has now give Barclaycard more ammo to throw at me, can they use this in any way?

I have now received a letter from Mercers dated 8th October (only received the 15th October) giving me 48 hour notice that a local representative from a local debt collections firm in my area will call to obtain payment.

I have still not heard anything from Halifax or Westcot since I sent the letter dated 04/10/10 (see forum post 3rd October).

Northern Rock have still not sent a CCA request sent on the 04/10/10, it is now 12+2 days, they have not even cashed the cheque. One thing though the initial loan amount was for £25,000 Unprotected, I have read somewhere that CCA requests (or conditions) do not apply to loans over £25,000, is this true?

Thanks Everyone!

**Never-In-Doubt** · 17 October 2010, 15:57

Re: homer11dog unenforceable diary

Originally posted by homer11dog

Hi All,
Quick up date so far Sunday 17th October 2010,

Barclaycard have sent a letter saying that “our record show that a copy of your Executed Agreement has been sent as recently as 28th September 2010. We believe that the information we provided fulfils our obligations under Section 78 of the CCA 1974 and we do not agree that the account is in dispute.”

I did receive a sighed Confirmation Form (looks like an application form), this was also sent with copy of their terms and condition and a separate letter on the same day containing Barclaycard Conditions.
The letter then goes on to say you believe the account to be not enforceable, “enforceable in a court of law”, what it does not mean , is that normal administrative actions such as debiting account, charging interest and seeking repayment of the debt from the person who borrowed the money.
It then goes on to say that the FOS investigated the complaint and did not uphold the complaint and that they will not enter into further correspondence about the matter, and that I am to contact Mercers.

I think you're reading too much into this standard letter. The FOS is a general comment, not specific to you! Just ignore this for the moment, it is their final response as you state. Can you confirm, did you email me the agreement they sent you? if not, don't you think you ought to....?

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