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help here please. a couple of years ago i helped my son claim back charges on barclaycard (long before the court put stays on everything so it was quite a while ago). when the refund was paid off the bill, it left an amount owing of about £400.
we wrote to barclaycard and asked if he could claim on the insurance for the payments as he was unable to work due to severe depression. they told us he couldnt because he had claimed before and went on something about he had claimed for a year before and there was less than a year between the end of one claim and the start of another ??? we kept writing and writing for a proper explanation but after something like 8-10 letters, and still not a single reply from barclaycard, we gave up and thought ok, we will try and make an arrangement. we wrote and wrote and again, they didnt answer a single letter. so we just gave up, and waited for them to contact him with a pay-up-or-you're-dead-letter or something similar. but nothing happened. not even a statement!! this was well over two years ago and we heard not a thing. until last week.
last week he had an envelope arrive addressed correctly to him and inside was a small printed card from calder saying that they had been trying to contact him but without success (they have his address????) and they would be calling on 19th october. calling on the phone?? do they even have his number?? dont think so. or are they going to turn up on our doorstep????
the card that came doesnt say its barclaycard, but i can see that they are part of mercers so have assumed its barclaycard.
dont know what to do now. do we write and tell them just what we have been trying to do for ages, with no response from barclaycard??? do they care???? or do we wait for them to turn up?? my son is still suffering serious depression and for someone to turn up on the doorstep will not help his mental state at all.
advice please. and an address for calder if anyone has it. they only gave a registered office address and a phone number.
Don't pay any attention to the debt collectors for the moment. However you do need to get all the details on the insurance -- terms and conditions etc. You should write them a formal letter asking for this and if it doesn't come within seven days then send an SAR. At the same time as sending the SAR, lodge a formal complaint with them about their failure to supply you with any information, and also their failure to respond to your previous letters. Make it clear that you want this complaint to go to the Ombudsman.
Separately write to them and put the account formally in dispute.
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
can you please help me word a letter that takes it straight to the point. i have had sort of Subject access request before. thats when we did the charges. so much has happened since then i dont know wht was sent and what wasnt. i know he got some charges back, around £400 which left £400 owing.
arent at home at the moment so cant go through the paperwork i already have. i just want to keep people away on the 19th of this month.
all of this went on so long ago - in my brain anyway. at least two possibly three years.
Please don't worry about any such visit - they are usually polite and will probably just try to get you to speak to BC on their phone. Politely refuse, ask them to leave and walk away from the door.
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.
If you want to seek proper answers about why the insurance won't cover payments during YS's illness, you can do so regardless of how many months or years BC have refused to respond.
Dear sir or madam,
Formal Complaint Account No: xxxx xxxx
I refer to previous correspondance about my illness which has prevented me from working. I understood that the insurance which I was paying on my account would cover payments which were due.
I have asked in numerous letters, sent between xxdate and xxdate, for proper answers to my questions, but have not been replied to.
I now enclose copies of my previous letters and require you to consider this matter and let me know:-
1. If the insurance I was paying on the account should have paid toward the balance from xxdate onwards.
2. If not, I require your clear reasons for this, along with full terms and conditions of the relevant poicy document.
I require your response within 14 days, after which I will escalate my complaint as necessary.
Yours faithfully,
If no reply in 14 days, send a SAR request and tell them you require the fos to investigate because of BC's failure to respond to your letters.
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.
thank you for such great advice and i will type up the letter for the door step call now, just in case.
will also write to BC first thing in the morning when my brain is a bit more in gear, and place the account formally in dispute, and lodge a formal complaint. if nothing else, that will maybe keep the calder financial people at bay.
thanks again. feel much calmer now. an adult son in the middle of a Breakdown, makes for mum careering dangerously close to having a breakdown of her own!!!! xxxx
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.
Just to add to what Slick has already posted, I've had four little blue envelopes containing a 'we are calling to see you' cards so far this year - in every case they have failed to show up - and I've been hoping that they would show up in order that I could 'discuss' certain issues with them.
Dont worry about them - they have no powers, you'll get all the help from this fantastic forum.
Last year I was in the exactly the same position as you are now, worried sick & not knowning which way to turn, then we found CAG - now WE are in control.
everyone is so kind and helpful. thanks to you all.
trying to cope with him as he is at the moment, then this gets thrown at us and its left for me to deal with!!! he is 30 years old but his mental state at the moment is beyond coping with anything.
have already sent a letter to calder by recorded delivery telling them they cant call without an appointment and i am not going to give them an appointment!! felt good i can tell you.
barclaycard formal complaint etc letter this morning.
been sitting here thinking most of today and memories are juggling around at the back of my brian - i dont know if it was on this consumer site or MSE that when all this started with barclaycard, i have really vague recollections of paying the one pound for the agreement and posting it up on the site and being told it was an unenforceable one.
i also think that when that fact became apparent, was the main reason that nothing was done further about the payments.
i think we thought that when they eventually contact, then i will tell them that it is unenforceable.
how far back on this site do thinks stay on here.???
im not at home for a couple f days so cant look in the files. also wont have a computer until i get back here at my daughters sunday monday. god my brain is turning to mush.
i will look at home to see if i have the agreement or is it all a figment of my imagination???
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.
can you walk on water???? yes this is the one. now, i need serious help on this one BUT am off to my home on the south coast today, from canterbury, actually right now, and wont be back here until sunday. i look after my daughters twins so she can go to uni. i dont have internet at home.
will deal with everything when i get back, according to all the help i get on here.
the letter to calder financial went yesterday by recorded delivery.
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 sent the letter to calder financial about not giving them an apointment to come and see my son, and within 48 hours of them having received it, he got a letter from them, offering a Full and final settlement figure. just under £200 pounds and there is no way he can muster than sort of money. so we ignored it. are we supposed to reply to it???
I've read through the old thread linked in post #13 above. Please confirm you are still talking about the same a/c.
If so, they have not supplied a properly executed credit agreement, merely an application form. You should pay no more on the a/c unless and untill they supply a proper credit agreement.
If they take you to court with this document, they should fail to get a judgement against you. You should also be able to get adverse data about this a/c removed from your credit file.
I see you already got your penalty charges back from BC on the a/c (per the old thread) but are you sure no more have been added to the a/c since.
When did you (or YS) last receive a normal statement for the a/c. Any recent charges can be reclaimed and you could send a SAR for up to date data.
If you fail to get anywhere about whether they should have continued to pay towards the a/c re YS's unemployment/illness, I doubt it will matter. With the dodgy document produced so far, they should not be able to get a county court Judgement.
Re the threat of a visit, you should also make clear to whoever is threatening this, that YS has suffered a Breakdown (or however you want to describe 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.
i paid them one pound and asked for a true copy of the agreement that they said existed between us, and that is what i got back.
we have heard nothing from barclaycard since we asked for the agreement and we topped paying the, in the light of them not answering anything about whether or not he couldclaim on the insurance. i worked on the basis that if they eventually said pay p or your dead, then i would say, hey, this isnt enforceable.
we havent had a statement nor any communication from barclaycard for about 2 maybe three years. until the letter a week or so ago from calder financial.
i would very much like something to copy - can you do me a letter? - to send to barclaycard about this being (hopefully) a non enforceable account.
i dont believe there have been other charges added on or surely he would have continued to get regular statements. and also in the light of calder financial offering a Full and final settlement of just under (180 i think) two hundred pounds. it must have been still at what it was after the charges were repaid - around 400.
i think its possible with all the letters to-ing and fro-ing, and with them being so inundated with peoples claims, they lost him!!!!! and have suddenly found him again.
i am so grateful for all your help. i see you are in thanet. not so far from canterbury then.xxx
Hi Sandraroff, and yes, I'm in Thanet, hence my comments in post #15.
I'd normally suggest sending a SAR to see if there have been recent charges. However, in this case, I don't think it is so important becasue the charges would be minimal and they'd just be repaid to the a/c.
I've adapted a letter for you. Check it over, fill in the dates and make any other corrections as necessary so it reflects your case. Send to Calders by Rec'd Del'y using the address on their last letter.
Dear Sir or Madam,
Barclaycard Account No: xxxx xxxx
I refer to your letter dated xxdate.
You should be aware that a formal request for a true copy of the original agreement executed by Barclaycard was sent on xxdate. Their reply dated xxdate was a copy of an application form which lacked the Prescribed Terms required by CCA 1974 for the account to be enforceable.
The application form provided does not conform to sections 60(1) and 61(1) of the Consumer credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any prescribed terms means that a court would be prevented from enforcing it under s127(3)"
Barclaycard have so far failed to provide me with the true copy which I requested and they were in default of my CCA request 14 days after the date I sent it.
Be aware that I consider the account to be in formal dispute. Whilst the matter is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you.
Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, make any further charges to the account or pass the account to anybody else.
Please note you must consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies including any defaults. Should you refuse to comply, you must within 21 days provide me with a detailed Breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.
Should you fail to respond within 21 days, I will assume you agree to remove all such data.
I trust you will refer this matter back to Barclaycard and, if I hear anything further from you, a formal complaint will be lodged with the fos for investigation.
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 and calder financial.
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