Barclaycard & CCA

[franmc12]

Hi PriorityOne

From my last correspondence with you. First of all Barclaycard passed me over to Credit Solutions Limited. Then my debt was passed to Mercer's, now its back again to CSL.

Hope you can help.

Thanks Fran

[diskmandave]

P1 alerted to this post as she may not see it on its own in the open forum!

Regards, Dave.

[franmc12]

Many thanks Dave.

Fran

[PriorityOne]

Hi again Fran... and thanks Dave

Following on from earlier Fran... you said that Barclaycard had sent you a response to a CCA request...
Who is pursuing you at the moment on this account ?
Have you sent a CCA request to anyone else other than Barclaycard ?
If so, have they defaulted... or attempted to comply ?
How much is allegedly still outstanding ?
Are you paying anyone at the moment... and if so, who ?

[franmc12]

Hi Priorityone

Credit Solutions are pursuing me at mo. Originally sent the CCA to CSL, there 12 days is up on the 11th. I did have a row with them on the phone, and they told me that as i hadn't had any credit from them, i would have to get in touch with Barclaycard for my CCA, which is what i did.

Without the details in front of me, a rough guess i owe Barclaycard about £2,600 perhaps more but this is with default charges and Interest on top.

Ive sent a CCA request to LloydsTSB, 1st Credit, and Link Financial.

Some of the creditor's have accepted token payments.
I have been advised by the CCS to offer token payments to my creditor's as i have no disposable income.

Do i now write again to Barclaycard? and if so what do i say.
What do i do if they default?

Cant thank you enough for your help.

Fran

[PriorityOne]

Originally Posted by franmc12

Hi Priorityone

Credit Solutions are pursuing me at mo. Originally sent the CCA to CSL, there 12 days is up on the 11th. I did have a row with them on the phone, and they told me that as i hadn't had any credit from them, i would have to get in touch with Barclaycard for my CCA, which is what i did.

Ok... first thing is to never have any more dealings with them over the 'phone. The reason for this is because they tend to tell you a load of bowlarks in order to intimidate you into paying up, increasing payments that you can't afford and so on. If they 'phone you again, please state that you are not prepared to discuss the matter on the 'phone and put the receiver down. If you are having a wobbly day, then just put the receiver down until they get bored with listening to fresh air ... the choice is yours..... but no more 'phone contact. If you want to make a formal request for all 'phone contact to stop... there is an excellent bog off letter in the Bank Templates section.... just scroll down until you find it. Send by rec. delivery...

Back to the 'phone bowlarks.... . They DO need to comply with your CCA request before they can legally pursue you for payment. If the account has been passed to them by Barclaycard, then they should return it to Barclaycard if they cannot comply. However, since they have suggested that you need to approach Barclaycard with a CCA request... you have done so... and Barclaycard don't appear to have one either (at this point).... the account may end up being totally unenforceable by anyone !! This happened to me when one of my DCAs tried ever so hard to give me the runaround ...

If CSL are due to default on the CCA request by 11th June.... you are within your rights to withhold all further payments to them after this time if they cannot produce an Agreement for you.... so you will need to update us then (not long to go!). Were your CCA requests sent by rec. delivery ?

Without the details in front of me, a rough guess i owe Barclaycard about £2,600 perhaps more but this is with default charges and Interest on top.

If CSL/Barclaycard both default on your CCA request, you will need to decide what you want to do, based upon the following options:

Stop paying - any correspondence that a company sends you whilst in default of a CCA request can be reported to the OFT/TS.... or,

If the charges are more than the debt, you can claim these back from Barclaycard.... but you cannot deny that a debt is owed to Barclaycard and then re-claim charges on it, if you see what I mean.

Ive sent a CCA request to Lloyds TSB, 1st Credit, and Link Financial.

Have any of these defaulted yet... or is it still too soon ?

Some of the creditor's have accepted token payments.
I have been advised by the CCS to offer token payments to my creditor's as i have no disposable income.

Good advice from them... but if those creditors cannot comply with a CCA request, then you are not legally obliged to pay them anything after the date of their default.... unless they can produce a signed Agreement and have it re-enforced in court.

Do i now write again to Barclaycard? and if so what do i say.

Since CSL are the ones pursuing you at the moment, I wouldn't do anything with Barclaycard for the moment....

What do i do if they default?

Stop paying...

Cant thank you enough for your help.

You're very welcome... I know it's a lot to take on board, but the majority of people on the CAG started off in the same way as you are doing now.... including me.

Fran

[franmc12]

Iv'e re-read the letter that Barclaycard sent me this morning. There is nothing about how much my credit limit was, what the APR is nothing, just my own personal details. So i take this to be my application form.

Sorry to keep on, but do i now have to write them a letter saying that this isn't my CCA.

As i said before, i cant thank you enough for all your help. Sometimes i think i am going out of my mind. At least i know there is someone out there ready to help. Otherwise i wouldn't have any idea what to do.

Will let you know how i get on.

Best wishes

Fran

[diskmandave]

Originally Posted by franmc12

Sorry to keep on, but do i now have to write them a letter saying that this isn't my CCA.Fran

I don't think anyone thinks you're "keeping on".

Have you thought about opening a dialogue with the town/city Trading Standards department from the town/city that they are writing from? Or even your local Trading Standards, it's amazing what a nudge it can be for them to be getting them sort of letters!

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

Good luck, Dave.

[clutchingatstraws]

Just listening and learning

All the best

Cas

[PriorityOne]

Originally Posted by franmc12

Iv'e re-read the letter that Barclaycard sent me this morning. There is nothing about how much my credit limit was, what the APR is nothing, just my own personal details. So i take this to be my application form.

It sounds like an Application Form, yes.

Sorry to keep on, but do i now have to write them a letter saying that this isn't my CCA.

Don't worry about asking questions... ...nobody minds. As Barclaycard are not pursuing you at the moment, I would wait for CS to default and see how they respond. CS will pass the account back to Barclaycard if they are collecting on their behalf. You can then write to Barclaycard, to let them know that they have defaulted if/when they start to pursue you themselves. So for the time being, just hang on to the Application Form that they have sent you and file it away somewhere safe.... there is no need to write to Barclaycard while they are not pursuing you.

As i said before, i cant thank you enough for all your help. Sometimes i think i am going out of my mind. At least i know there is someone out there ready to help. Otherwise i wouldn't have any idea what to do.

We have all been there.... so know what you're going through.

Will let you know how i get on.

Best wishes

Fran