Hi Basa

Cheers for the advice. Trouble is I can't afford to pay the full amount with all the interest and charges added over time. I am not likely to be able to afford to take out any credit (nor would I want to!) in the near future or within the next 6 years as my income is so low, so in that respect a ruined credit file doesn't really affect me - other than injurying my pride!

Mercers keep phoning, in fact they phoned before 8.30 this morning and I asked them to hold the line while I recorded the conversaton as evidence of harrassment and they hung up! I have written to them and spoken to them on the phone and asked them to remove my phone number from their system and to only communicate with me in writing. But still they carry on!!!

Cheers

SJ

basa48,

I agree with you that it's certainly worth a try! But I doubt it would ever happen. I don't think it's a "spoilt brat" measure, I suspect it's subject to standard operating procedure.

Like you, I have seen these CCCs put up their APRs to unrealistic levels, while LIBOR and BOE interest rates are historically low. Of course one of the reasons the CCCs are upping the APRs is exactly because of the unaffordability of these new APRs, and the considerable number of debtors going down the route of CCA, because the CCCs are not sympathetic enough.

It's a vicious circle, and should be addressed at a National level.

Skywalker:SJ, if they cannot find the original CCA, then the debt will become unenforceable in the Courts. However that wont make the debt go away, and they will certainly not register it as 'satisfied' as Basa48 seems to think. The debt will be registered against you, and will remain on your file for a full 6 years, for other lenders to see, and your credit will be ruined. Ask yourself if this is what you want. If you are in a position to settle, then I would suggest that this would be a more sensible option, to protect your credit.

If I recall correctly, I suggested the 'satisfied' would be requested in response to a full & final settlement, not a declaration of unenforceablity.

Edit: Apologies..I did say to ask for a 'satisfied' marker where there is no compliant agreement. Of course this a ploy and no-one expects a CCC to play fair and do such an honourable thing.

If I had any spare cash I would go the F&F route myself, but I don't.

It's pretty certain the CCCs will default you whatever the outcome just as a 'spoiled brat' punitive measure!!

SJ,

if they cannot find the original CCA, then the debt will become unenforceable in the Courts. However that wont make the debt go away, and they will certainly not register it as 'satisfied' as Basa48 seems to think.

The debt will be registered against you, and will remain on your file for a full 6 years, for other lenders to see, and your credit will be ruined.

Ask yourself if this is what you want. If you are in a position to settle, then I would suggest that this would be a more sensible option, to protect your credit.

Hi

I heard from Barclays today with the SAR documents! Interestingly, there are monthly statements from way back when, BUT there is no copy of application form, terms and conditions, CCA!

Waiting now to see what I receive from Barclays and Mercers!

Many thanks

SJ

Thanks Basa

I have sent the letters recorded delivery - see what I get back!!!

Many thanks

SJ

Please Help SJ:

Hi Basa

Thanks for your help again!!! I was thinking I would be in a strong position to make an offer to pay a figure in full and final settlement.

Many thanks

SJ

Without a compliant signed and executed credit agreement (otherwise known as a contract!) they have no cause to make you to pay a penny!

Hi Basa

Thanks for your help again!!! I was thinking I would be in a strong position to make an offer to pay a figure in full and final settlement.

Many thanks

SJ

You could hack this around and send to BC (copy to Mercers):

Account No:

I refer to my recent request for a true copy of any credit agreement for the above account. To date I have not received from you any document that constitutes a credit agreement and the FOS have also written to me stating that you have confirmed to them that you cannot find a copy of any such document.

In consequence of the above my position remains that I do not acknowledge any debt to your company and am not obliged to offer any payments to the alleged account. In the circumstances I think it is appropriate that the matter be now closed and the alleged account be marked as satisfied.

Regards.

Hi

I requested a true copy of the CCA and a SAR and I have only received bulk mailer t&cs. Barclays passed my case to Mercers whilst in default. Amongst other problems with harrassment, bank charges etc etc I have complained to the FOS, in their letter they say in their findings that Barclays confirm that they cannot find a copy of the Application Form.

What should I do now, are their letter templates for this - any help greatly appreciated.

SJ