Hello Everyone, I have just joined this forum.

I had my first Barclaycard back in 1987 and i know i didn't sign any agreement. Round about 1994 they sent me a Platinum one when my ordinary one was due for renewal.

The reason i have got into difficulty is my wages didn't cover the cost of the rises in Gas/Electric, so i used my card. Since that i have lost my job, so i couldn't keep up the payments.

I have read previous posts, and it helped me by requesting Barclaycard for my CCA. They have sent me the Term & Conditions and in a seperate envelope they have sent a Blank cca.

I have umpteen letters from Mercers, One from Scotcall and one from Calder. I sent all of them my expenditure list.

Never heard from Scotcall or Calder again, but Mercers just carry on sending letters saying i haven't been in touch. I have answered all Mercers letters witha copy of all the previous ones i have sent.

Saturday 13th June received a Telemessage via post (bright orange envelope) from Barclaycard, saying my account has now been passed to a company called Wescot Credit services.

Today i have had a letter from Wescot, Threatening me with court, possessions being seized, a debt collecter calling and my bill being made higher due to court costs.

Date of letter 12/06/09, i have 14 days to reply.

Can anyone advise me what to do. Do i write to them and say that Barclaycard can't produce my CCA?

Any help will be greatly appreciated.

You should write to Wescott explaining Barclaycard have been unable to supply you with a properly executed and compliant credit agreement for the account pursuant to s78 of Consumer Credit Act 1974.

You should then ask Wescott to supply an agreement under which they are claiming your indebtedness. Until such time as they do, you 'dispute the account' and 'do not acknowledge any debt' to Barclaycard or Wescott. You should stop paying any more repayments unless a compliant agreement turns up.

Hopefully you did not sign to make payments under a separate credit agreement with any collection agencies.

basa48

Thank you for your reply.

I haven't signed any payments under a separate credit agreement with any collection agencies.

So i will do as you suggest, and contact Wescot.

I too had my account passed to Mercers(no signed agreement) , Scotcall actually did call round but not for more than 4 minutes and no sign since. Mercers share the same data base system as Barclays so when they passed it back to Barclays to manage, I took it that they couldn't/didn't want to proceed. Why are they passing your account around if they have a case?It sounds like scare tactics and bluff to me.There are some very useful harrassment templates on other threads, and it is my belief that they can't send bailiffs round without a court order, so I wonder if their threats are legal and whether you can report them. It's worth scouting round and finding out what the position is.

Don't fall the panic element, sounds like you have a strong case .

It is also worth bearing in mind, and stating in your letter to Scotcall, that all of the implications of pursuit of the debt to court would only occur in the event that such an application were successful.

In the event that they are unable to produce a compliant agreement then the court is not permitted to enter a judgement order.

Also state that any action will be vigourously defended.

As everh says, this is scare tactics, don't give in. The Consumer Credit Act is a piece of consumer protection legislation, not creditor protection. It is written to protect you.

There is a heap of other things that you need to do but get a letter off (must go registered) as suggested in posts above then you can start chasing them for all the other infringements.

I agree with all the previous comments, all the legal posturing, pretty letters, threats etc but no action then pass on is a good indication that they have nothing to enforce.

Get the letter off then we can start looking at harassment, mis-use of data, malicious communications etc

S

I will do the letter for Westcot tonight and get it posted tomorrow by recorded delivery.

Will come back here when i have heard from Wescot.

Thank you to all for your help.

Hi Guys,

I have received a letter from Wescot 03/07/09.

Their letter says:-

They will suspend all collections activity whilst the matter is under investigation.

They will not write to me or telephone in pursuit of the account.

Upon concluding their investigation, they will contact me again.

Is this a good sign?

Jenlo:

Hi Guys,

I have received a letter from Wescot 03/07/09.

Their letter says:-

They will suspend all collections activity whilst the matter is under investigation.

They will not write to me or telephone in pursuit of the account.

Upon concluding their investigation, they will contact me again.

Is this a good sign?

Erm ... YES!!! It means Wescot don't know what to do next - if anything.

Either that or they know what they want to do but haven't got the right docs so need to regroup and wriggle in a different direction.

Either way, they are on the back foot.

Give them a couple of weeks and go on the offensive.

S

Hi Guys,

Remember the letter i received from Westcot 03/07/09 saying, "They will suspend all collections activity whilst the matter is under investigation.

They will not write to me or telephone in pursuit of the account. Upon concluding their investigation, they will contact me again".

I have received another letter from them today they haven't sent a cca, but this is the letter-

Re:

Barclaycarld account number-

Balance:

Wescot reference:

As you are aware, Wescot Credit Services Ltd. has been instructed by Barclays Bank PLC trading as Barclaycard to recover the balance outstanding on your account.

As you failed to comply with the Default Notice Barclaycard recently sent to you, the balance stated above is now due in full and Barclaycard demands that you pay this amount immediately. Your payment, made payable to Wescot Credit Services Ltd. should be made within 14 days. Please either send a cheque to the address above, pay on-line at www.paywescot.co.uk, or telephone on 0870 0240429 to pay by debit or credit card.

Monthly Statements will no longer be sent to you and interest may be charged on the outstanding balance at the rate of 1 % per month.

If you opted for cover under the Barclaycard Payment Protection Plan this has now been cancelled and no further premiums will be debited to your account.

It is Barclaycard's policy to pass information on to Licensed Credit Reference Agencies when we send you a Formal Demand and you do not repay the amount asked for. This may affect your ability to get credit from other lenders.

Credit Reference Agencies are licensed by the Office of Fair Trading, under the Consumer Credit Act %74. They give information to ftwarr&ai organis~---with lending decisions, to confirm a consumer's correct address and occasionally to prevent fraud. They do not give an opinion on the financial status of a consumer. If you do not make this payment or phone us to reach an agreement within 14 days of the date of this letter, a DEBT COLLECTOR may call upon you for repayment or we may commence action against you in COURT.

Yours sincerely

As always thank you in advance for any advice.

Hi Jenlo,

When you wrote to Wescot (which they responded to saying they agreed to suspend activity) did you supply a date with which you expect to have confirmation of the CCA or that they will be in default?

If not, you could write another copy of the letter you sent them (or one like the others that basa and Stubie-one have on the other threads) basically stating they can't do this as the Account is in dispute.

Give them a time to deal with it, and also refer to and enclose a copy of their last letter stating that you are now feeling harrassed.

Have a quick look at the other threads for other examples of what has been reccomended, but don't let this go too long. Also apparently there is a postal strike tomorrow and Saturday in London and Stockport, which may give you the weekend to decide your course of action.

Good luck

Sparky

Hi Sparky,

I have sent to Wescot today a copy of my original letter telling them that Barclaycard had failed to produce a cca, a copy of their letter saying the account is indispute while they investigate and a covering letter saying they cannot procede in trying to get any payment.

I only received terms and conditions. My request to Barclaycard was dated 7th May.

My letter to Wescot telling them that Barcalycard was dated 17th June their reply to me was 26th June. If they have 12 days + 2 and another 30 days to resolve this matter, i work it out that the final day for any comeback is 29th July. Is this right?

Or is the original request from Barclaycard (7th May) taken into account where the dates are concerned?

Thank you for yesterdays advice.

I think you could write a letter saying that as they have now not responded within the 14 days (12+2) that you will now be seeking legal advise (towards having the debt declared unenforceable by the court).

I'm not sure of the best wording here, and another user basa48 is doing this, and you could check his thread:

http://www.moneysupermarket.com/community/forums/t/making-a-claim-36401.aspx

Sparky