Thread: Barclycard, Barclays joint bank, Barclays mortgage?

Hi Catuk and welcome to CAG.

Barclays don't have a bad reputation for retaliation.

If you send BC a CCA request, they WILL reduce your credit limit to around the £2,600 level to prevent you spending further. This is them stopping you increasing your debt in case you try to "ditch" it if they have no credit agreement.

They would not try to "fire" you re the bank a/c or the mortgage, as long as both are run properly.

But if you stop paying the BC a/c, they WILL take pay'ts from the bank a/c. So setting up a parachute bank a/c will be necessary if you want to reduce the BC payments.

Be assured, Barclaycard and Barclays are very much linked and will interact, with or without your permission. This is known as the "right to set-off". All the banks do it with their own bank and CCard a/c's.

If BC fail to send your credit agreement within 12+2 working days, you can stop payment.

In fact, in response to your CCA request, they'll send you a set of T&C's saying they've fulfilled their obligations.

You can send the CCA request as soon as you want, but keep paying the BC a/c until you have the B's bank a/c safely placed elsewhere.

Read threads in the BC forum to get a feel for what's going on at the mo. You'll learn loads.

Also see Letters A to G here which you could use due to your circumstances - http://www.consumeractiongroup.co.uk...templates.html

Be aware that BC are hard-nosed in their approach to claims of hardship.

Hi DD,

I actually said they DON'T retaliate, but they do react in certain ways.

If you have info that they DO retaliate, it would be useful if you post on thread if you can, instead of by PM.

Thanks.

Hi Catuk,

Surely it would be morally wrong to have a spending spree, for daily goods or luxuries, in the hope that you can ditch the debt.

Until you KNOW.......

1. That BC do not have an enforceable credit agreement, and

2. A court has ruled that any such agreement is unenforceable......

.....you should assume that all spending on the account will have to be repaid.

Hi DD,

Read your PM but not convinced Barclays acted in a retaliatory manner.

Good to have your balanced input though.

Hi Catuk,

Glad you got new a/c sorted.

Start with Letter N from here - http://www.consumeractiongroup.co.uk...templates.html

This is the CCA request. When they send you just T&C's or fail to respond, then you can start on the CPR strategy.

Continue as normal - we've yet to see how far this Stay will go.

Hello, in refrerence to sending off the initial CCA request which I understand negates BC just sending back the T&Cs and not the original CCA signed by both parties; I came across the following on getoutofdebtfree.org

They suggest sending three letters,10 days apart and they are as follows.Could someone comment on these as I'm again unsure whether to firstly request CCA and then CPR pt 31.14 not 31.16.

LETTER ONE

Your Address

Your Post Code

Name of Chief Executive Officer
Their Address
Their Post Code

CC: Contact Name Collections Department

Today’s Date



Re: Account/Credit Card Number: 123456789


Dear Mr/Ms Second Name of Chief Executive Officer

I would be happy to settle any financial obligation I might lawfully owe, as soon as I have received the following documentation from you:

1. Validation of the debt (the actual accounting);
2. Verification of your claim against me (a sworn affidavit or a hand signed invoice in accordance with The Bills of Exchange Act 1882
3. A copy of the contract signed by both parties and therefore binding both parties.

I hereby give you ten (10) days to reply to this notice from the above date with a notice sent using recorded post and signed under full commercial liability and penalties of perjury, assuring and promising me that all of the replies and details given to the above requests are true and without deception, fraud or mischief. Your said failure to provide the aforementioned documentation within ten (10) days, from the above date, to validate the debt, will constitute your agreement to the following terms:

1. That the debt did not exist in the first place;
OR

2. It has already been paid in full;
AND

3. That any damages I suffer, you will be held culpable;
4. That any negative remarks made to a credit reference agency will be removed;
5. You will no longer pursue this matter any further.

Please Note: I wish to deal with this matter in writing and I do not give your organisation permission to contact me by telephone. Should it do so, I must warn you that the calls could constitute ‘harassment’ and I may take action under Section 1 of The Protection from Harassment Act 1997.

Yours sincerely

Your signature

By: First-Name/s: Familyname (John-Arthur: Smith); Authorised Representative

No assured value, No liability. All Rights Reserved.


LETTER TWO

Your Address

Your Address

Your Post Code

Name of Chief Executive Officer
Their Address
Their Post Code

CC: Contact Name; Collections Department

Today’s Date



Re: Account/Credit Card Number: 123456789


Dear Mr/Ms Second Name of Chief Executive Officer

I wrote to you on Date of last letter requesting the following documentation, so that I may settle any financial obligation I might lawfully owe:

1. Validation of the debt (the actual accounting);
2. Verification of your claim against me (a sworn affidavit or a hand signed invoice in accordance with The Bills of Exchange Act 1882);
3. A copy of the contract signed by both parties and therefore binding both parties.

As you have failed to provide the aforementioned documentation to validate your claim, I hereby give you ten (10) days to reply to this notice from the above date with a notice sent using recorded post and signed under full commercial liability and penalties of perjury, assuring and promising me that all of the replies and details given to the above requests are true and without deception, fraud or mischief. Your said failure to provide the aforementioned documentation within ten (10) days, from the above date, to validate the debt, will constitute your agreement to the following terms:

1. That the debt did not exist in the first place;
OR

2. It has already been paid in full;
AND

3. That any damages I suffer, you will be held culpable;
4. That any negative remarks made to a credit reference agency will be removed;
5. You will no longer pursue this matter any further.

Yours sincerely

Your Signature

By: First-Name/s: Familyname (John-Arthur: Smith) ;Authorised Representative

No assured value, No liability. All Rights Reserved.


LETTER THREE

Your Address

Your Address

Your Post Code

Name of Chief Executive Officer
Their Address
Their Post Code

CC: Contact Name; Collections Department

Today’s Date







Re: Account/Credit Card Number: 123456789


Dear Mr/Ms Second Name of Chief Executive Officer

I wrote to you on Date of last letter requesting the following documentation, so that I may settle any financial obligation I might lawfully owe:

1. Validation of the debt (the actual accounting);
2. Verification of your claim against me (a sworn affidavit or a hand signed invoice in accordance with The Bills of Exchange Act 1882;
3. A copy of the contract signed by both parties and therefore binding both parties.

As you have failed to provide the aforementioned documentation to validate the claim within the ten (10) days requested in my last correspondence, we are now in agreement to and have a lawfully binding tacit contract, comprising, the following terms:

1. That the debt did not exist in the first place;
OR

2. It has already been paid in full;
AND

3. That any damages I suffer, you will be held culpable;
4. That any negative remarks made to a credit reference agency will be removed;
5. You will no longer pursue this matter any further.


Yours sincerely

Your Signature
By:First-Name/s: Familyname (John-Arthur: Smith); Authorised Representative

No assured value, No liability. All Rights Reserved.

Hi CatUK,

My advice above stands - start with CCA request (Letter N from link).

When they fail to produce the credit agreement in response, start the CPR route which relates to CPR 31.16.

Action under CPR 31.14 would be innappropriate at this stage of your case.

If you want to withhold payment now, you could do so. Start on the CPR route as per my post #15.

BC will maintain that you have no grounds to do this and that they've fully complied with their obligations. They and/or Mercers will start calling you seeking payment.

The Consumer Forums - debt collectors

The Consumer Forums - Harassment

We were also in a similar situation with several accounts with Barclays. After we sent a CCA request for one of the loans our current account was terminated approx 2 months later!
Yet they're still sending us notice of reserve fees etc!!