Barclaycard wont accept payment.

[circatrova]

Hello Everyone,Iam as green as grass really,and have a problem with Barclaycard not accepting my offer of payment and also applying interest which is more than my payment.I have written to them by recorded del 3 times since Jan asking them to accept my offer of payment and they have just ignored every letter.Totally frustrated with with calling their customer services and getting India,where the level of training and consequent service seems to be inadequate.
Do I need to find a thread fro Barclaycard,
Please help any advice greatly appreciated,

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[freakyleaky]

Hi Circatrova and welcome to Cag.
Here are a few useful links How do I guide to the forum, the A to Z Index , site rules and the FAQ's.

I will move your post to the barclays forum where you will get all the help you need.

Just shout if you need any help.

[circatrova]

Thank you for putting me in the thread,do I need to be in Barclaycard,as it is a barclaycard problem,or is Barclays bank classed as the same?
Also any idea how long it takes to get a response.
Thank you.

[slick132]

Hi Circa and welcome to Barclays - we'll get this moved into Barclaycard where it belongs.

In the meantime, please give us a quick history of your problem, eg have you suffered and/or reclaimed any penalty charges on the account, are you being chased by a DCA (debt collection agency), roughly what do you owe BC and what have you offered them.

Do you have your a/c state's for the last 6 years and have you asked BC for yourCredit Agreement for the a/c.

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

[circatrova]

Hi,thanks for initial help Slick,
My problem is that Im have been on a payment plan for 2 yrs,and in January asked for a reduction from 10pounds per month to 5 pounds.
I wrote 3 letterrs all recorded asking for confirmation that this was ok.
Barclaycard just ignored all my letters but started ringing up asking for more money and threatening me with DCA.
I hAVE 2 B/C accounts both owing about 2.5k,on each,have never missed a payment,but cannot afford anymore.They have now added interest that is more than my payment so the debt willjust increase.
I have not asked for a CCA,would this benefit me ?,if so how,is it because debt is unenforcable if they annot privide one ,also how do I tell if it is correct what should I be looking for?.,and then what would be a next step

Any help appreciated

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[Bookworm]

2 threads merged. In future, if you click on your own username, you can then click on "find all threads by..." so you can find your own threads again (you only have 1 now so shoudl be easier).

If you have problems navigating your way round, may I suggest reading this?

"How do I...?" A Dummies' Guide to this Forum

I need to update it a bit because of the recent software update, but most of the stuff is still relevant and it might help you in the future.

I'll leave you to Slick's ministrations for the rest.

[slick132]

Hi Circa,

Send off a CCA request. Yes, as you say, if they don't respond with the correct document which complies with the regulations, the debt is legally unenforceable. We will get their reply checked over for you.

If they DON'T comply, you can then repay the debt at a rate that suits your circumstances.

Use Letter N from here - http://www.consumeractiongroup.co.uk...templates.html

Adapt it to reflect your case and send to BC with the £1.00 fee. Send it Rec'd Del'y or get a (free) Certificate of Posting from the PO. Keep copies of all doc'ts and letters in case they are needed.

If you've suffered penalty charges, you can reclaim these to reduce the debt you owe BC. Read the Reclaiming Charges Guide in Link No1 of my signature below.

[circatrova]

Thank you Slick,will do as suggested and get request for CCA,posted off,only trouble is I dont know what to look for in the reply ,ie if it is correct or not,any how,many thanks and will update you when I get a reply.Suspect they will be able to provide one as the accounts are only about 5yrs old.
Do you know the best address to send it to?.

Much Appreciated.

[slick132]

Hi Circa,

Send the CCA request to:-

BARCLACARD.
PO Box 5592.
NORTHAMPTON.
NN14 1ZY

If you scan the reply and post it here with your personal details, a/c no, etc blanked out, we'll get it checked for you.

They will provide a document, but whether it complies and is enforceable is another thing entirely.

[circatrova]

Thanks Slick,wil report back with reply.

Kind Regards

[circatrova]

Hi Slick,Update

I posted the CCA request off as instucted ,posted on July 7th and 12th day was up by 23rd by my reckoning.
Not heard a thing,I know from research on the forum that there is then a wait of another 30 days,and then it is an offence is that correct?
Can you please advise me of the best next step?

Kind Regards

[slick132]

Hi Circa,

Their failure to reply so far means they are in default. The effect of this is that they must not:-

* Demand pay't from you.
* Add interest or charges to the a/c.
* Sell or pass the a/c on to a DCA.
* Pass on info about the a/c to a CRA.
* Register a default in respect of the a/c.

Sit tight now and see if they respond, and with what.

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

	Credit Report Click link to open in new window.

[circatrova]

Hi Slick,
Thanks for your prompt reply,oh well that sounds positive then,lets me me feel alot less anxious that they mustn't
* Demand pay't from you.
* Add interest or charges to the a/c.
* Sell or pass the a/c on to a DCA.
* Pass on info about the a/c to a CRA.
* Register a default in respect of the a/c.

Thanks again for your help,will do as you say an sit back and wait.
Will report back whe the 30 days is up.

Kind Regards,

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

	Credit Report Click link to open in new window.

[slick132]

Correction - Following changes to the Consumer Credit Act this year, the Company no longer commits an offence by not responding after a further 30 days.

This changes nothing for your case, so sit back and wait for their next move.

[circatrova]

Thank you for that Slick,Just recieved a statement from B/C this morn and noticed that they are still charging me interest.
They initially stopped all interest then applied it again last month so I rang and the lady tele operative said oh yeh,theve done that to get you to ring in.
So I said well Im not in a position to pay interest,this will take longer to pay back the debt,so she says ok I will get that reversed then an credit you!.and you will no longer be charged interest.
Fine me thinks an sure enough on stmt,last month the interest was credited ,but now they have charged me interest again.
Now as you can understand I am totally confused!.
So please do you have any advice ,as I do not want to pay interest.This banks administration certainly leaves something to be desired !
Any Help appreciated,
Kind Regards,
P.S Also can you advise me what I should be doing regards making payments(ie do I continue or not) regarding the request for a CCA which I know they have received because they have cashed the cheque.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[miss muppet]

Looks like they've had the 12 + 2 days (to allow for postage) so you can stop paying. Read up on Babybear's thread on the new Unfair Commercial Practices Directive because if they then start to chase after you apparently they are breaking the law and you can report them to your TS.

[circatrova]

Miss Muppet ,
Hi and thanks for your contri,but are you saying I should stop paying ,because I know some of the balance is owed?
Thanks Circa

[slick132]

Hi Circa,

It may suit you to continue making pay'ts so you are paying off the debt while the dispute is being resolved.

If it's your intention to continue to honour and service the debt, you should ensure that you reclaim all penalty charges made on the account.

To do this you need all your a/c statements for the last 6 years or more. If you don't have them you need to send an Subject Access Request to BC requesting ALL statements since 1995 or when the a/c was opened. You have to send a £10 fee.

See the Reclaim Guide in Link No1 in my signature below.

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[circatrova]

Hi Slick,Not heard a thing from Barclaycard,they have not responded to my CCA request posted on 7th July and got no response,but they did cash the cheque.
I am unsure what to do next,I am not seeking to reclaim charges as the account was run in good order with no charges,but they do keep pressuring me for more money which I genuinely dont have income from incapacity benefit only.
The reason I am confused is that by trying to help myself by reading there seems to be conflicting advice,ie do nothing and keep waiting(account in default status) or as you said on a simular thread send them a reminder,is there a good letter anywhere?.
Then what ?,ie if CCA is good you keep paying,if not good,then I know the debt is not legally enforcable but it does still remain with a default,thus damaging my credit file!
So I guess my objective is to get B/C to accept my payment which is apparently too small for them,or if CCA is not valid stop paying and expect legal action.
Last question is there a thread that demomstrates the correct sequence from start to finish when challenging a CCA.
Many Thanks,all help appreciated.

N.B I have continued making payments

	Credit Report Click link to open in new window.

[slick132]

Hi Circa,

If you're sure they haven't made any penalty charges to date, just watch out for them on any future statements.

Send this to BC after carefully adapting it for your own case.

Account In Dispute LBA (Courtesy of CurlyBen)

Dear Sir/Madam,

FORMAL COMPLAINT
Account No xxxxxxxx

I refer to my recent correspondence with your company concerning this alleged debt, copies of which are enclosed for your perusal and ease of reference.

As you have failed to comply with my Consumer Credit Act request or admitted that the alleged signed executed agreement is unavailable, enforcement action is impossible under section 127 (3) of the Act.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. This time limits expired on xxxxxx.

As you are no doubt aware subsection (6) states:

If the creditor under an agreement fails to comply with subsection (1)—

(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.

Therefore as at XXXXXXXX this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

If you choose to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

Failure to respond favourably to this letter within fourteen (14) days of receipt will result in immediate litigation being commenced against your company without further notice.


I also require a copy of your internal complaints procedure as further action may be necessary.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours Faithfully