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At the beginning of 2006 I was put in the position where I couldn't pay my credit debts anymore.
One of my creditors was Barclaycard, and they made an offer of repayment whereby they froze the account and stopped interest and charges. (£51 per month for a 4K debt)
They have now written to say that this is at an end and that interest will now once again accrue. I have written asking for them to be symapthetic to my plight, and that interest would stop me from repaying the debt, but their line was that that was then and this is now, and 'this is our position on the matter'.
I am paying them more than any other creditor already. Should I re-evaluate my payment to them in light of this? Is there anybody to whom a complaint can be made?
The only man who sticks closer to you in adversity than a friend is a creditor.
Debt Collection Charges
There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.
Without such provision, collection charges cannot be demanded as a debt due under the agreement.
If they are unable to provide a copy (as they have been unable to do so in my case) then you are within your rights to withold payment
The only man who sticks closer to you in adversity than a friend is a creditor.
Debt Collection Charges
There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.
Without such provision, collection charges cannot be demanded as a debt due under the agreement.
Barclaycard have more or less admitted to me that they do not have a credit agreement however they continue to call every hour to collect payment and I continue to ignore their calls.
The only man who sticks closer to you in adversity than a friend is a creditor.
Debt Collection Charges
There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.
Without such provision, collection charges cannot be demanded as a debt due under the agreement.
Barclaycard have more or less admitted to me that they do not have a credit agreement however they continue to call every hour to collect payment and I continue to ignore their calls.
Yes Under Siege.
I don't wish to paint a black picture for the OP but this is the reality with these animals.
However, the law is the law so I'm sure in the end Barclaycard will look silly bringing the action they have against me, and maybe the OP too if it gets that far.
Mercers are relentless blighters who annoy like an elusive bluebottle one is just unable to swat with one's slipper.
thanks for your advice, i've sent another letter asking them to keep the interest frozen. I think that they will ignore this and carry on regardless.
I am interested however that they are so keen to go to court, after all, does the judge not take a dim view of those that don't follow protocol, and surely when the debt is in the hands of the court, he could rule that your payments are sufficient and that interest and charges are to be stopped immediately - sounds like they just shoot themselves in the foot ?!
thanks for your advice, i've sent another letter asking them to keep the interest frozen. I think that they will ignore this and carry on regardless.
I am interested however that they are so keen to go to court, after all, does the judge not take a dim view of those that don't follow protocol, and surely when the debt is in the hands of the court, he could rule that your payments are sufficient and that interest and charges are to be stopped immediately - sounds like they just shoot themselves in the foot ?!
Barclaycard will not stop interest being added, in my exp anyway. Their T&C's state it too.
Barclaycard will not stop interest being added, in my exp anyway. Their T&C's state it too.
Good luck.
I agree with you, I've seen this company change, ten years ago I was made redundant, and they just said fine we'll freeze everything and call in three months.
Now, it's a totally different animal- I don't know whether to ask them to take me to court and let the judge decide and save the pain!
I too am having a nightmare with Barclaycard and Mercers, they sent an application form which they state incorporates the agreement and 6 different sets of T&C's. They passed to Mercers who sent a default notice and threats of doorstep collectors, I continued with my token payments and bombarded them back with letters. Last weekend I received a letter saying they had sent the wrong documentation but now enclosed the correct paperwork, apologised for this and credited my account with £300 interest and charges which shouldn't have been applied, however they now say they have complied. I have at long last got a reply from trading standards in Northampton and am sending off necessary paperwork to them tomorrow, hopefully I'll then know where I stand.
B/C are stubborn and intimidating. Don't let them get to you, CCA them, I bet you get an application form back like most do on this site!
Barclaycard have totally ignored my request for a copy of my credit agreement.
I complained to them, and the wrote back telling me that they would resolve the matter by the 15th November. Still nothing.
They still call me 3 - 4 times a day though.
The only man who sticks closer to you in adversity than a friend is a creditor.
Debt Collection Charges
There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.
Without such provision, collection charges cannot be demanded as a debt due under the agreement.
sorry to high jack your post. I am going after B Card also, so hopefully we can share ideas etc. I asked for CCA but they refused because I didnt sign my letter to them, but the dastardly T***s cashed the £1. I'm trying to find the relevant section that states that I must sign for information, does anyone have it?
I am going to write again, with another £1 just to be safe and inform them that since the information is going to the address they have used all this time, then they cannot refuse me the information.
Also, they replied back in september, so I beleive they have defaulted, am I correct.
My thread is Bazaar V barclaycard.
The legislation says "after receiving a request in writing" - it does not mention "signed" or "signature" having to be anywhere on the request.
They have your £1. Send them another signed request pointing out that they have your quid. I'd get a five year old to sign it as "Mickey Mouse".
That should answer your questions, there is a great letter on there by pt2537
The only man who sticks closer to you in adversity than a friend is a creditor.
Debt Collection Charges
There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.
Without such provision, collection charges cannot be demanded as a debt due under the agreement.
Barclaycard and agreements
and charges. (£51 per month for a 4K debt)
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Originally Posted by Under Siege
