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i am new to this thread although i have read and tried to understand what is going on.
i am married with four kids and in short i have been a bit of a twit all these years, most of my cards are 6-8 years old and business was good once upon a time and i never bothered paying them off and just paid heavy interest over the years.
Now i am in trouble and have noticed that most CC companies have suddenly reduced my available credit to what i owe.
typical once they were beggingme to take more.
as i am now heavy in debt around 85k i have cca'd 4 companies and barclaycard is one of them using the standard letter found on this site.
they have replied as per the attached 8 days later,( is the 12+2 working days? )
this seems to be the standard jargon, in the meantime i am trying to continue paying minimum payments for as long as i can, and obviously hope to be able to reduce my debt substatially.
any help would be most apriciated.
Are all of your debts associated with Barclaycard?
If there are any other creditors, you will find it easier to handle by starting seperate threads (in the appropriate forums) for each one. That will prevent the advice becoming confused.
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You've rec'd the standard BC response to a CCA request. They have not sent back your agreement as they contend that they are not obliged to do so, and that they have complied by sending you their T&C's.
If you want to see if they have a valid agreement, you may have to try using the CPR route - see Link No2 in my signature below. Just read the first few posts for now, which show you the letters you could use.
Have you been suffered any penalty charges on this a/c. If so, BC are repaying these quite readily, unles you try and get compound interest back from them.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Hiyah,
No i havent suffered any penalty charges as i have always repaid the minimum amount.
its not really a reclaim here although i have paid my fair share in interest over the years, i guess what i am trying to achive is either a settlement figure or perhaps time i have repaid far more then the actual debt in intrest alone?
i have had the Ambulance chasers by me already and there promises didnt quite seem to add up so i thought i would try my luck here and after research this seems to be the place (i hope and pray).
BC unfortunately have a reputation for ignoring requests which involve any degree of understanding. They usually trundle on, demanding payments regardless, then pass the debts on to Mercers or other DCA's.
There has been mention recently of BC suggesting a F&F settlement in at least one recent thread. I'll come back with a link if I can find it.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Intresting,
do i play the game all the way through or being a good boy up till now try and get BC to see sense and come to a mutual agreement meaning settlemant or am i pushing it here?
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Is it correct to assume that the CCA path is mainly for customers that have paid late charges over the years and have a really good chance of reclaiming it?
The ambulance chasers now advertise that they can wipe of debt completley and i assumed that this was mainly from the CCA but it looks like it comes from legal tech within the t&c is this right?
i really dont want the IVA route as i have a business which i am struggling to hang on to and if the bank starts smelling trouble i may be worse off.
The CCA request was most commonly used to see if the creditor had a valid and enforceable credit agreement. It is now less effective with some creditors as they are responding evasively with T&C's only.
Hence the use now of the CPR route which I mentioned above.
Customers who want to reclaim charges and penalties use a SAR to get their a/c statements.
The "ambulance chasers" you metion may either try and get debts written off or reclaim charges, usually for a significant fee.
Instead of getting a debt written off, if you can establish there in no proper agreement, you can repay the debt at a rate you can afford without the continuing addition of interest or penalties. That's the theory, at least.
You can do this yourself using the resounces here at no cost. Read around the forums generally.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
I write with regards to the above account with your organisation.
I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as i have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.
Obviously if the agreement is improperly executed i would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.
I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances
Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.
I do not view this as an unreasonable request given that by supplying the document which i have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides
I look forward to your reply and would ask for a response by 4pm on 25th May.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
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