update on progress

[hypnopaul]

Just sent off my Notice of Default to Barclaycard this morning. Yesterday received another demand for money from them and threat that they will instruct Mercers to send me a default notice. (This was from someone who hadn't written before) so I sent her a copy of all the notices and that we have a lawfully binding tacit agreement. Also pointed out that I 'believe' mercers were a dormant company and it may be fraudulent for them to conduct any business activity and she should check that out and that she had no business passing my financial affairs to a third party and i did not give her permission to do so. We will see what happens next.

Hope everyone is enjoying success and keeping the fight up.

[apache1982]

hey hypnopaul, it will be good to see what kind of reply you get.

i myself have sent off a notice to a debt collectoer.
a compnay called robinson Way Limited.

i cant wait to read what they reply.

i will follow your progress.


peace out...

[hypnopaul]

Received a fantastic offer today from Barclaycard... if I pay the 'arrears' they have not proven I owe then they will credit me with a whopping £15! I can hardly control my excitement at this offer and I will someone have to quell my desire to phone them immediately to accept such generous terms ...I think not.

[huntingross]

That offer is indeed generous, akin to winning the lottery, and I feel compelled to ask you if you could lend me a fiver.....

[hypnopaul]

I would most certainly be happy to give you that fiver but i thought I might ask them first which account they will be taking the £15 out of to credit me with...is it the same one as they use for their 'loans' I wonder?

Cheers HG and keep up the good work mate I love reading your posts.

[hypnopaul]

Received three pages of CCA guff from barclaycard section 78 says this, section 189 says this, section 6o says that ...there's a quote from the civil procedure Rules (PR) 31.16 and 48.1 (2) .

They begin by saying 'you note dissatisfaction to the documents you received in relation to a request made under section 77/78 of the CCA 1974.' Yes I do because they haven't sent me the information I asked for, secondly I made no request for any info under the CCA.
They define an "executed agreement" (section 189 of the Act) as " a document, signed by or on behalf of the parties, embodying the terms of a regulated agreement." Does that mean that they should have signed the agreement as well? Because if it does then is there no agreement as they have not signed it?

What about this bit... "You may state that the application form which we provided you, for reference, when you made a request under Section 78 does not adhere to section 60. This is not a complete copy of the application form, but rather an excerpt to show you signed a contract with us. When you completed your application form, the document would have been presented to you in full, in a legible form, and would have adhered to the requirements under section 60 of the consumer credit act." Can I have a copy of that please with the signatures of both parties.

The last bit says they are not required to respond beyond the statutory response already given. They would require comprehensive legal and documentary evidence to support your claim ...

Well they had my default notice which they did not respond to in the stipulated time and so I believe we have a lawfullly binding tacit contract. I shall send a reply reminding them of this and that I have never requested information under the CCA 1974.and a copy of my fee schedule for further correspondence.
I am tempted to ask why they keep hiding behind the CCA and not just simply provide me with the specific documents i requested, surely they have proper records of accounts isn't that one of their legal requirements?

As always I am interested in any help/comments in this matter from you guys.

Best wishes to everyone fighting the good fight

[huntingross]

Love this bit

This is not a complete copy of the application form, but rather an excerpt to show you signed a contract with us

An application form is not a contract.....an application can be refused, therefore it could only be a contract if it is signed by the recipient of the document, when a copy should be returned to you for safe keeping. It's all in the CCA.....the one they keep harping on about.

[hypnopaul]

Received a default notice from Mercers this morning who claim to act as agents for barclaycard. Although not a formal demand they say, pay by the 29th march or else it will be passed onto a DCA who will send a formal demand for repayment of the whole balance.

i felt I should respond to them so have drafted this reply as i await there formal demand:

Thank you for your Notice received 16th March. Unlike Barclays it seems, I recognize a Notice when it is sent. It appears that Barclays Bank plc have not passed on vital information to you regarding this account I have therefore included a copy of my default notice to Barclays which formed a lawfully binding tacit contract between us.

In order that there is no misunderstanding, a contract exists with Barclays Bank PLC trading as Barclaycard under the terms detailed in said Notice of Default and that said default stands res judicata.

This is no longer a matter for adjudication

I have further issued a Final Notice to Barclaycard in which as a show of my good faith in this matter they have been given a further seven days in which to put forward any valid reasons why I should not exercise my rights under said contract. No response has yet been received and that extension is still valid.

If you require any further information please note that it must only be done in writing and you do not have permission to telephone me.

Yours sincerely without ill-will, vexation or frivolity,

[hypnopaul]

I have not had any reply from MBNA to any of the notices i have sent them - how rude! Until today, not a response to my notices but a rather crappy letter saying my account had been reviewed and being the responsible lender they are they are reducing my credit limit. How interesting that in all their other 'reviews' they have only ever increased the limit - was it something I said? And barclaycard did exactly the same. Seeing as we have a tacit contract that there was never any debt in the first place i will reject their kind offer.

Keep up the good fight everyone
love and peace

[hypnopaul]

At last a reply from MBNA received today 30th March. Good of them to reply as the time for response to my final notice ran out yesterday. Well it's the usual...CCA 1974. Send £1 and you can have a copy of your credit agreement. I like this bit

MBNA has sent you regular statements keeping you informed of your borrowing and the minimum payments which have been due. As such we will not be providing any further "verification","validation" or "proof" of claim".

They also tell me the BOE Act 1882 regulates use of negotiable instruments such as promissory notes and that documents provided under the CCA such as statements and notices of default are not negotiable instruments. Well knock me down with a feather thank you for your insight. Pity they won't tell me what I asked them. More smoke. Well I think a reply to this and send a bill according to my fee schedule.