Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Hi All,
Please can someone advise me regarding my current position with Barclaycard and their DCAs?
I fell into financial difficulty last year, and could not repay the full amount each month to BC (I offered a £10 interim payment). Mercers got involved and tried to get more from me. I could not pay any more, and then RMA got involved.
Paid RMA £10 a month but then started to receive bullying phonecalls and letters, which ended up with me following CAG advice, CCA'd them, no response, and stopped paying them, then reported them to the local TS and the OFT.
I set up payments (which I could afford, but below the min monthly repayment) again directly to BC, without them sending me any paperwork (used internet banking).
At the weekend I received a call from 1st credit, saying that they were dealing with my BC account, and could I confirm my details, which I did not. They said that they needed to confirm my address in order to know if I received their letter (which I have not). I would not confirm this over the phone. I have continued to pay BC directly.
So now I am a little concerned, as I have no written paperwork from 1st credit and I have read about their devious tactics from other CAG users and OH had to deal with them before his BR, and they were not very pleasant!
If I am paying the OC, then where do I stand if 1st credit continue to chase me? Obviously I am not going to enter any dialogue over the phone, but if they are saying that they have sent me a letter, and then decide that they are taking things further, then could I be leaving myself wide open? Its not even as if I have a letter from them to correspond back to (did not keep OH letters from them!!!)
Please could someone assist me further? As I am trying to repay the debt with BC direct!
Thank you
Red
A knotty issue there.
The problem as I see it is that B'card haven't acknowledged your payments.
Now technically as RMA have not responded to your CCA the account is in legal dispute and 1st credit CANNOT demand any payments.
So to that end I would send them this, once their letter arrives.
Edit as needed
ACCOUNT IN DISPUTE
Dear Sir or Madam,
Account number: XXXX XXXX XXXX XXXX
I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.
Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998
My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be
resolved on **DATE**, this obviously hasn’t happened.
As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.
As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.
Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.
If **New DCA** chooses 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.
I hope that this will not be necessary and an acceptable solution can be accomplished.
I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.
I think that from what you have said CB, that i need to draft a letter to Barclaycard as well, as i have no contact with them for about a year directly. They are probably not aknowledging the repayments that i am making, or if they are, which they seem prone to doing, just dishing out my debt as they do not feel that i am repaying them enough!
At least then, BC will have something from me, explaining the story so far, and what i am prepared to do. Will scoot off to the NDL website for a little guidance!
And you are too modest!!! Credit where credit is due (LOL, I certainly wont be getting any credit - in a monetary sense hahahhahahhaha)
Red
Today I have received my first correspondence from 1st credit, plus a text message.
Their letter states :
We write to introduce 1st Credit to you. Barclaycard has assigned to 1st credit the full outstanding balance due under the agreement referred to above, as a result of this assignment the full outstanding is due to 1st credit immediately.
As the outstanding balance is owed to 1st Credit you should not make any payments to BC as it will take significantly longer to process the payment into your 1st credit account...
You should contact this office immediately so that we can agree payment terms with you, Failure on your part to dothis will result in a more formal recovery proceedings being taken against you.
In accordance with the DPA 1998, we will comply with any request for a copy of the personal info, about you that is held on our computer system, Send your request along with an admin fee of £5 and an sae to the above address.
please do not ignore this letter.
we look forward to hearing from you.
About to send CBs letter from above, and there are a number of points in their letter which I will comment on shortly!
Let the fun and games begin!
Red
Hi Shirei12, thank you for posting with your situ.
I wonder which one of us will receive the first reply! Are you paying any DCAs of BC at present or BC direct? Would be interested to hear your side of things too!
I sent my letter recorded delivery to the PO Box address.
Feels better to have sent the letter though doesn't it?!
Red
Hi Shirei12, thank you for posting with your situ.
I wonder which one of us will receive the first reply! Are you paying any DCAs of BC at present or BC direct? Would be interested to hear your side of things too!
I sent my letter recorded delivery to the PO Box address.
Feels better to
have sent the letter though doesn't it?!
Red
Hi Red, Heres my story, http://www.consumeractiongroup.co.uk...g-default.html
and no I am not making any payments to anyone.I also sent letter yesterday by recorded-signed for. Lets see who gets the first reply and whether they will be the same.
Hi again Shirei12, thank you for the link, I have had a quick read, and will post on your thread with anything relevant to your situ!!
I received a phone call and a recorded voicemail message to my mobile, did you? Bet you are feeling left out if you did not! LOL
I did not pick up phone, or reply. Will now have to send them a do not contact me by telephone letter. Trolls.
Out of all of my OC, Bshark have to be the absolute worst. I pay them, and yet they still seem to palm my account off left right and centre to DCAs who are rude and abusive (at best). I am definitley complaining tomorrow against them. They just don't play fair!!! A change in circumstances to them just gets their claws out.
Humphhhhh. Bit cross today!
Oh well......at least I have the CAG!!!
Red
I have just printed off a copy of the harrassment by telephone letter, from the CAGtemplates library, ready to be sent tomorrow!
Boy do BC have a lot to answer for! And its not even as if that I am not paying them!!
Grrrrr
Red
Hi Ya! Bc really are a nightmare aren't they? I've only just seen this thread and having read it makes me more determined to ring fos as you advised me to do on my thread.
Are you going to send a CCA request to 1st credit as well or are you going to wait for a response to CB's letter first?
Red as RMA have pooched your CCA you can legally cease payments to B'card.
Have you heard anything from 1st yet ??
Hopeful, it's best to wait for a response to my letter before we look at any further action.
Obviously this route only works when one collection party has ignored their legal obligation.
I have decided to continue to pay BC, as I do owe them the money, and if BC decide in their infinite wisdom to try and take things further (charge on property etc) then I feel that I have a better leg to stand on!! I have only CCA'd RMA after they started to throw their weight around, so seeing as no CCA has been produced in their instance, then I agree ODC, 1st credit are unlikely to produce one either, but I still feel that I want this debt repaid, but its a case of as and when funds will allow, rather than not at all.
I will not be sending 1st Crudit a CCA request at this stage! I think that the letter that CB has kindly posted and which i have sent will state clearly that this formal request has not been adhered to!
My gripe really is with BC and their attitude, and insistance of using DCAs to do the collections, hence my fos line of thinking!
I am pleased hopeful1 that you are thinking the same, as BC really are backstabbers!
Facts yes I borrowed the money, and yes i was really well off at the time of credit and sucessfully paid them my full monthly amounts and sometimes more. Then I had the misfortune to be unable to pay, but sent my cut up card back, did not borrow any more money, and explained to BC my predicament. BC did not want to hear my troubles, so keen to lend with one hand and then slap me with the other! My personal details have been distributed to all and sundry, while I have tried to pay what i can afford.
Am so cross with them, and hope that the FOS will understand.
my ideal solution would be that BC accept that i am undergoing a difficult time, and to respect that fact, and not to keep insulting me with threats from their MIB!
Grrr!
Red
I agree with your stance her Red and it is very similar to my own.
I use my knowledge to have accounts passed back to OC's for action as I refuse to pay a DCA anything.
DC have passed my account to FOUR DCA's so far and NONE have supplied my CCA.
The really annoying thing is that BC owe me about £20 more than the outstanding balance, but they refuse to act in a considerate way.
Oh well this ones quite a game and to be honest I want one of these DCA's to take me to court as it will cost them dear
Thank you CB, all we want is to be fair, shame that it cant be reciprocated by the big guys!
I just get disheartened when another DCA jumps on the band wagon, and I spend my precious time sending letters, when all I want to do is to pay what is owed, without wanting to feel like I am a bad person by these trolls!
Ho-hum, I will deal with the DCAs and see them off one by one CB! You are a great example, and an inspiration!
Red
Barclaycard and the DCAs
advice, CCA'd them, no response, and stopped paying them, then reported them to the local TS and the OFT.
, saying that they were dealing with my BC account, and could I confirm my details, which I did not. They said that they needed to confirm my address in order to know if I received their letter (which I have not). I would not confirm this over the phone. I have continued to pay BC directly.
Reply With Quote
Originally Posted by reduk054
Re: Barclaycard and the DCAs
