morgan stanley/goldfish/barclaycard help needed

**tryintogetby** · 21st January 2009 20:54

hi any help apprciated ,currently on a debt management icon

plan and about to start to send a cca and SAR icon

for my morgan stanley card which was took over by goldfish ,i went onto my dmp jan 08 and have been paying morgan stanley through CCCS ever since so dont know how i stand with that ,but the thing is since starting on the DMP i havent had a single statment ,letter or anything from them ,although i can remember getting somthing to tell me that barclaycard was going to be taking them over but apart from that nothing ,i owe them about £8000 i reckon but havent got a clue what it will be now as have had nothing from them dont even know if they are recieving my cccs payments as they have the morgan stanley address ,where do i send the cca and SAR icon

to as i havent a clue ,the address i have on my last staement is goldfish dept7 pobox3598 glasgow g689yw,any help appreciated ,it would be nice if they had somehow forgot about me ,one less worry !

**silverfox1961** · 21st January 2009 20:59

HI,
First of all you do not need to send a CCA request and a SAR icon

request to the same people. Just a SAR icon

will do it.
The thing you need to do is find out for definite who holds the debt and send them the SAR.
You may find that there are loads of charges on the account which you can claim back which will reduce your debt if not clear it altogether.

fox

**tryintogetby** · 21st January 2009 21:05

Hi thankyou ,i havent got a clue who has it now i have never had a statment from barclaycard and have had nothing from morgan stanley/goldfish since i went on the dmp icon

i didnt even get any nasty letters telephone calls icon

nothing when my payments got reduced by a massive amount so really dont know where to send it to !

**Mr lex** · 21st January 2009 21:07

Hi Tryintogetby,

I'm with the 'Fox' on most things and a SAR icon

may well do the job. I think in this case it might be worth the extra £1 for a CCA. This account has been handed down from one company to another, so I doubt an enforceable CCA is in place. I can confirm that Barclay Card now hold the account.

Not much I can add to what the fox has said, but let us know what you do.

Lex

**tryintogetby** · 21st January 2009 21:08

ps ,i cant even get a website up for either morgan stanley or goldfish just directs you to barclaycard and all the call numbers i have on my old statements just dont exist anymore ,thanks

**Mr lex** · 21st January 2009 21:10

See the post above TTGB, the site is a bit slow due to the amount of traffic we have tonight.

Lex

**tryintogetby** · 21st January 2009 21:12

thanks to both of you ,if barclaycard have it and i have nothing from them do you have anyidea what address i send it to and will i still have the same account number

**silverfox1961** · 21st January 2009 21:14

Well CCCS should have some idea of who you're paying. Once you find that out you can then get the address from here if you don't want to alert CCCS of what you're planning.
While I agree withMr lex in principle and the extra £1 doesn't make much difference, If you state on the SAR icon

that you want a copy of your agreement, that should have the same result(or am i missing something)
Your choice as it's only quid more.

fox

**tryintogetby** · 21st January 2009 21:32

ok i will do that ,cccs took all addresses from me to send details of my payments to so not sure if they will know cant see as it matters if i tell them its just to send an SAR icon

to them ,or does it am i best to not tell them

**silverfox1961** · 21st January 2009 21:59

If it was me, I'd be saying to CCCS that I'm trying to get my files up to date and that I need an up to date address.
CCCS are paid by the companies you will be claiming against so they won't like you rocking the boat. While they shouldn't kick you of the dmp icon

they may alert the bank. That is just a guess as I've never had any dealings with them myself.

fox

**tryintogetby** · 21st January 2009 22:04

hi fox ,thats a good idea i didnt realise that they got paid by them so what will happen when i get the SAR icon

back will they not like me trying to claim back charges etc

**silverfox1961** · 21st January 2009 22:14

For the same reason really. They are paid by the same people you are ruffling feathers with.
It may be that they have a valid agreement but that doesn't stop you reclaiming excess charges back.
If the agreement is invalid or they have no agreement at all, you will probably have to leave CCCS as they don't like you to stop paying once you're in an agreement.

fox

**tryintogetby** · 21st January 2009 22:26

if they dont have an agreement would you stop paying them ,reason i ask is have an account with citi cards which got passed to first credit icon

,i sent them a cca after they sent me a stat demand i didnt aknoledge it but just sent the cca ,that was last sept and got nothing back ,thay dont bother me since then but are atill being paid via cccs ,i have noticed also though that i have been paying PPI on this and on my latest statment before the dmp icon

was approx £15 per monh ,i have had this account for years at least eight i would say ,i reckon this would prob clear the balance if i could get this back ,what do you think

**silverfox1961** · 21st January 2009 22:36

With no agreement or an agreement that is invalid they have no right to collect an UNenforceable debt.

Did you CCA 1st credit icon

by recorded delivery?
If not you may need to do it again or check to see if the fee was cashed.

If you SAR icon

citi, you will be able to see how much they have taken in charges and PPI icon

but you will have to show mis-selling to reclaim the PPI

You could always send 1st credit an A/C in dispute letter as they haven't complied with your CCA request and stop paying but again CCCS will not be happy.

fox

**tryintogetby** · 21st January 2009 22:42

thanks i did send recorded and they sent back saying that they had requested it from citi ,then heard nothing and then about a month since i got a letter from connaught collections chasing it i sent them a letter stating that no cca had been sent and they replied saying that they had asked 1st credit icon

for it ,still not heard anything from them .

**silverfox1961** · 21st January 2009 22:45

In that case you are well within your rights to stop paying but obviously CCCS will not be happy bunnies and you may have to tackle all your debts by yourself (with the help of CAG icon

)
If it gets moved on to another DCA icon

give a shout and there is a brilliant letter you can send.

fox

**tryintogetby** · 21st January 2009 22:57

thanks fox , i think i will SAR icon

them ,and try to claim back the PPI icon

payments and charges if they have no cca then they have nothing to say i have asked for the ppi am i right ?dont know really if i took it or not it is so long since ,i will let you know how i get on with them both and thanks for your help ,much appreciated

**silverfox1961** · 21st January 2009 23:04

Ah now there's the rub.(I think I'm right in saying this) If you claim that they don't have an enforceable agreement, you can't claim any money paid to them back but you don't have to pay them any more.

**tryintogetby** · 21st January 2009 23:10

oh so whats the best way to go ,could i send the SAR icon

and see which i am better off with or just stop paying confused now dont know what to do for the best

**Desperate Daniella** · 21st January 2009 23:18

Hi,

There are so many of us dealing with all three of this trio - or a combination of 1,2 and/or 3. Do a search and read all the threads and they will give you an idea of whether your agreement is enforceable or not.

I joined this site about six weeks ago and I can't believe what I have learned since then, and the support is incredible.

MS agreements from the early 2000s appear to be unenforceable. In am challenging mine at the moment. Barclaycard will try and fob you off with their current terms and conditions icon

and tell you they apply. You must read the advice here. And I am sure you will get expert replies.

Good luck.

DD

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