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.
I fell into difficulties with my Barclaycard in 2005. After the account being passed to Mercers, I agreed a payment plan with Credit Solutions (agents for Barclays Bank) of a small £5pm pmt. They were taking pmts from my debit card. I also had a number of other small pmt plans set up so didn't notice that pmts had not been taken by them.
Looked at my credit file recently & saw an amount outstanding for BC of £5000+ & a default notice of Nov 2005 - I have never received a default notice (although I have noted that Mercers said in a phone call I was in default in March 2005) or any statements/correspondence since end of 2007.
Then get a card from a company called Calder Fin - I rang them & they said my account like some others had been "lost" for 2 years & had to resume pmts etc. They really tried to get me to start debit card pmts over the phone immediately but I said I didn't know them from adam so I wanted a letter. They also said I could pay off the loan in full for a reduced amount!
Received letter today confirming the debt amount & they will accept £25 pm til Xmas - at bottom of letter it says Mercers trading as Calder Fin.
Where do I stand with the no contact & should I send an SAR to Barclaycard/Mercers or Calder? Can I also stop their heavy phone calls in the meantime.
Re: Barclaycard (Calder Fin) No contact since 2007!
send a SAR to calders re mercers, and also send this
Dear xxxx
Account Ref xxxx
Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.
Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.
There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).
Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.
Yours faithfully,
and this
Harassment by telephone
Account Number: XXXXXXX
I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.
I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)
I now require all further correspondence from your company to be made in writing only.
I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.
If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.
Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)
PGH7447
Getting There Slowly
---------
Advice is given freely but is in no way meant to be taken as Gospel
Re: Barclaycard (Calder Fin) No contact since 2007!
Hi Girlie12,
If there are any penalty charges or mis-sold PPI on this a/c, have you done anything about reclaiming these, along with interest from BC.
As well as the SAR suggested by PGH above, you could also send BC a CCA request enclosing the required £1 fee. You'll get no credit agreement in response but this is a step necessary to put the a/c In Dispute.
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.
Re: Barclaycard (Calder Fin) No contact since 2007!
Thanks for your quick replies - will send SAR ,harrassment letter & CCA requests tomorrow & keep you updated. Calder rang again tonight & I informed them that I wouldn't take any more calls!
Re: Barclaycard (Calder Fin) No contact since 2007!
Have had 2 seperate letters from Barclaycard
The first one is ref to Data Protection Act 1998 - SAR request
"Further to your request for personal info held by Barclycard, please find enclosed a copy of your statements you have requested.
If you have asked for a list of the default charges that have been applied to your account, I regret our systems do not enable us to identify individual charges in this way & so it is not possible to provide such a list. However, any such charges are included on the statements enclosed"
Enclosed are statements from July 2004 - May 2007. The statement in April 2007 shows my bal having lots of CHRGOFF next to it leaving it in credit. The final statement in May shows a nil balance all over it & that is it. No default notice.
The second one is - reference to the Consumer Credit Act 1974
"I write further to a letter requesting a copy of your executed agreement for the above.
The information we must provide to you under the terms of Section 78 is prescribed by the Consumer Credit Act 1974 & by the Consumer Credit (Cancellation Notices & Copies of Documents) Regulations 1983.
Under Sec 78, we must supply you with a copy of your executed agreement & a statement of account which is practicable to refer.
Please find enclosed a copy of your latest executed agreement. This is a statement of the terms of your agreement with us & incorporates any variations to the terms made since you entered into this agreement. However, the interest rates have been omitted & the fees & charges have been suspended & are no longer applocable due to the current status of your account.
As your account is now in a recovery programme, further info relating to the current state of your account can be obtained directly from the Recovery Team or debt management Agency.
This completes our obligation to you under Sec78 of the Consumer Credit Act 1974."
Enclosed is a copy of Barclaycard Tems & conditions stamped Feb 2004-Aug 2004 Students Visa but no agreement ( I must also point out that at the age of 45, even in 2004 I was definitely not a student!)
How can they now chase for money when statements only go to 2007 & show a nil balance?
What should I do now - I don't think they have sent me waht I should have had
Re: Barclaycard (Calder Fin) No contact since 2007!
Hi Girlie,
You're entitled to copy statements or a/c data from when the a/c was opened to the present. There's ongoing debate about whether BC are now destroying data each month so they only ever have 6 years' data available. If the a/c was open more than 6 years ago, any data they hold on microfiche should also be supplied to you.
Re 2007 to date, did you think there were charges added to the a/c over this time. If they closed the a/c and passed it on for collection, itis possible that there was no a/c activity after May 07.
Re the CCA response, this is standard and you should now send them an a/c In Dispute letter.
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.
Barclaycard (Calder Fin) No contact since 2007!
Bank) of a small £5pm pmt. They were taking pmts from my debit card. I also had a number of other small pmt plans set up so didn't notice that pmts had not been taken by them.
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