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Hello everyone, first post, but have been reading a lot on the forum.
My situation is very similar to some others, but I have read so much that I am becoming confused and hoping I can get some advice and clarification in my own thread.
Situation is:- my wife are UK nationals, now permanently residing in Spain for the last 10 years. My wife has a Barclaycard debt of 6000gbp which she cannot afford to pay at present. We share our income and expenses, so the debt/situation is as much my worry as my wife's.
About four months ago, when we couldn't afford the repayments, my wife telephoned Barclaycard to explain the situation and also followed up with a letter which also detailed our income/expenses. Barclaycard said they would accept a reduced payment (no reduction of the loan or interest) of 60gbp, which to be honest, we still could not afford, so my wife wrote back to Barclaycard explaining this and asking if they could offer any other help/support (asking Barclaycard for help/support now sounds ludicrous after reading some of the forum comments!).
Since then we have received letters, first from Mercer's, latterly from Calder's. In some respects it seems to be a blessing that we can't afford a telephone, so no harassment via that media.
I don't know if this was the right thing to do, but to try to get Barclaycard to re-think their position and also give a bit of breathing space, my wife sent off a letter asking for a copy of the 'original signed agreement' which must have been entered into around 1988. What she received in reply was a copy of terms and conditions, both for the original agreement date and current. She wrote back saying this was not acceptable and the reply was identical to another forum members that I have seen quoting The Credit Consumer Act 1974 and saying that they are not obliged to supply a copy of the original agreement. They are stated they did not need to respond further unless documentary evidence/legal evidence of their obligation to supply the agreement was given.
My wife responded by saying that she considered the account to be in dispute with a copy of the agreement and also indicated that she would be sending a Subject access request. In all honesty, she will send the SAR, but we need to wait until we can afford the 10gbp fee and also work out how to send it (we have no chequeing account/traceability!). My wife has also asked Barclaycard for clarification on who she should be communicating with themselves, Mercer's or Calder's (from what I have read, they are all one and the same anyway!) and she has had no response, so she has told Barclaycard that she will not recognise or communicate with Mercer's, Calder's or any other agents in the future.
I realise and apologise that this is a long post, but I have tried to be brief and possibly missed something, especially how my wife has repeatedly re-iterated her desire to find an amicable solution. However, we have come to the position where we feel (and hopefully you'll excuse or understand this) that Barclaycard are a bunch of obnoxious people.
The latest situation is, Calder's have sent a letter headed 'Formal Demand for Payment' amounting to 6,300gbp and adding that this will still accrue interest, also (it seems) their intention to advise Credit Reference Agencies, have debt collectors call or take legal action.
We're not the best of letter writers, nor know much about the legalities, so not sure if the things we've done to date are correct, but any advice from the forum on what we should do in the future would be appreciated, so would any advice on what Barclaycard/Calder's can actually do considering we are full time Spanish residents. I've read slightly conflicting opinions on whether CCJ's, EEO's can be obtained/enforced and to be honest, the way Barclaycard/Calder's have reacted, we almost feel (not in our nature) to let them go whistle dixie.
Its difficult to see what Barclaycard or their DCA's hope to acheive by attempting collection whilst you reside outside of the UK.
As far as I am aware they cannot bring proceedings against you whilst you are non resident on these shores.
They have your address from correspondence whilst in Spain so they cannot suggest that the limitations act does not apply as you have not failed to pass on details...... ie the 6 year clock for stature barred debts could start ticking assuming you make a decision to cease payment on the basis of non compliant CCA response.
They cannot bring proceedings within the Spanish judiciary as the CCA is an Act within the UK not Spain.
Imho and if I were in your position I'd get the dispute letter in the post (recorded delivery, courier if necessary) and cease payments & further correspondence immediately.
Assuming you have no intention of returning to the UK you could feasibly sit out the 6 years in sunny Spain until statute barred.
On the cautious side though, they will attempt to mark your credit files in Spain so be wary if taking on any new borrowing whilst resident and any unscrupulous DCA could attempt a claim using a previous UK address and gain judgement by default....... won't cost you a bean if you have no intention of returning but if you take up residency over here again whilst the order is still current you'll have to get a set aside in place.
This thread may also be of interest and theres a link to some EPO guidance in one of the posts.......
Hello Gez, thanks for the response and the welcome to the forum.
I think you have grasped my feelings pretty accurately. Neither my wife nor myself are inclined to evade the debt, Barclaycard and their agents have been so totally unhelpful and unsympathetic and also continue to add interest and charges that we wonder why we have bothered to try to do the responsible thing and communicate the situation with them. It really has made us very bitter along with household arguments and tears!
I'n not disputing your comments for a moment, I have read similar and tend to think it is right, but with regard to legal action against non UK residents, do you (or anyone) know if the “European Order for Payment” regulations apply?. These state:-
“.... 2. All the Member States are aware of the problem of recovering uncontested debts. Several Member States have made provision for a specific rapid recovery procedure. However, especially in cases where the parties are domiciled in different Member States, the costs and delays inherent in ordinary civil proceedings (often the only form of recourse applicable) create insurmountable obstacles to access to justice, thus placing bad debtors at an advantage. 3. A European payment order procedure, i.e. a specific, fast-track, inexpensive procedure for setting claims which, it is assumed, will not be contested, would ensure rapid debt recovery and would be of fundamental importance to economic operators in the European Union. 4. Payment order procedures are used in many EU countries. There are two types of procedure: what is known as the "evidence" model, whereby the claimant is required to produce written evidence to substantiate the claim, which is examined by a judge; and the "no evidence" model, in which the courts do not assess the claim's validity. In the second model, whenever a claim is admissible and satisfies the basic formal requirements, the court issues an order for payment without it being necessary to submit supporting documents. ….”
Source: European payment order procedure and measures to simplify and speed up small claims litigation: Green Paper
The reference in para 4 to a “no evidence” model seems to me (as a layman) to be very open to abuse.
Yes, they do have our Spanish address, we freely advised them when we moved 11 years ago and this is where they have been sending correspondence/statements.
Since not receiving the agreement copy, my wife has clearly marked her letter 'Account in Dispute' (Barclaycard have refuted that). Is there a special format she should have used or need to re-send?
One thing we didn't do (prior to reading these forums) was to enclose the 1gbp with the request for the agreement. Although Barclaycard have acknowledge the request and returned similar letters that other forum members are quoting, could they later use the missing fee as an excuse?
We haven't been back to the UK for 10 years and have no foreseeable reasons to ever do so.
I was wondering, if they do manage to put a black mark on any Spanish credit reference agencies, could this be refuted 'if' it was a case of Barclaycard being default by not supplying the agreement!?
I'm a little unsure at the moment, if we should re-cover some of the steps/letters in light of what I've learned on this forum also not sure if I should send the Subject access request or persue the agreement request through to a Final Notice and then the Financial regulators.
Thanks again.
[edit] Apologies Gez. I referred to the EOP, I didn't notice your edit/link to your message. [/edit]
Hello Gez, thanks for the response and the welcome to the forum.
I think you have grasped my feelings pretty accurately. Neither my wife nor myself are inclined to evade the debt, Barclaycard and their agents have been so totally unhelpful and unsympathetic and also continue to add interest and charges that we wonder why we have bothered to try to do the responsible thing and communicate the situation with them. It really has made us very bitter along with household arguments and tears!
I'n not disputing your comments for a moment, I have read similar and tend to think it is right, but with regard to legal action against non UK residents, do you (or anyone) know if the “European Order for Payment” regulations apply?. These state:-
“.... 2. All the Member States are aware of the problem of recovering uncontested debts. Several Member States have made provision for a specific rapid recovery procedure. However, especially in cases where the parties are domiciled in different Member States, the costs and delays inherent in ordinary civil proceedings (often the only form of recourse applicable) create insurmountable obstacles to access to justice, thus placing bad debtors at an advantage. 3. A European payment order procedure, i.e. a specific, fast-track, inexpensive procedure for setting claims which, it is assumed, will not be contested, would ensure rapid debt recovery and would be of fundamental importance to economic operators in the European Union. 4. Payment order procedures are used in many EU countries. There are two types of procedure: what is known as the "evidence" model, whereby the claimant is required to produce written evidence to substantiate the claim, which is examined by a judge; and the "no evidence" model, in which the courts do not assess the claim's validity. In the second model, whenever a claim is admissible and satisfies the basic formal requirements, the court issues an order for payment without it being necessary to submit supporting documents. ….”
Source: European payment order procedure and measures to simplify and speed up small claims litigation: Green Paper
The reference in para 4 to a “no evidence” model seems to me (as a layman) to be very open to abuse.
Yes, they do have our Spanish address, we freely advised them when we moved 11 years ago and this is where they have been sending correspondence/statements.
My interpretation would be that its a triable case and you would need to be resident in the UK as statute prescribes, 'no evidence model' (this, in my opinion) refers to enforcement of judgements already existing prior to your current residency statusor those not requiring evidence prescribed by another act (CCA 1974).
Since not receiving the agreement copy, my wife has clearly marked her letter 'Account in Dispute' (Barclaycard have refuted that). Is there a special format she should have used or need to re-send?
Depends how you worded it, IMHO anything stating disputed means just that although it may be advisable to send one last letter confirming your reasons - try 9 or 20 in this link to see which suits your position The Consumer Forums - debt collectors
One thing we didn't do (prior to reading these forums) was to enclose the 1gbp with the request for the agreement. Although Barclaycard have acknowledge the request and returned similar letters that other forum members are quoting, could they later use the missing fee as an excuse?
Nope, very unlikely as they have already responded positively although without a true copy
We haven't been back to the UK for 10 years and have no foreseeable reasons to ever do so.
I was wondering, if they do manage to put a black mark on any Spanish credit reference agencies, could this be refuted 'if' it was a case of Barclaycard being default by not supplying the agreement!?
Not clear on this, might be worth asking one of the site mods if they can offer some direction
I'm a little unsure at the moment, if we should re-cover some of the steps/letters in light of what I've learned on this forum also not sure if I should send the Subject access request or persue the agreement request through to a Final Notice and then the Financial regulators.
Thanks again.
[edit] Apologies Gez. I referred to the EOP, I didn't notice your edit/link to your message. [/edit]
Its my interpretation of your position at the moment but as always we're on an open forum so none of us can be 100%.
Click on the red triangle in your post and ask if one of the site mods can take a quick look to see if they can point you in the direction of further info or to another member who has had a success with this in the past.
Its my interpretation of your position at the moment but as always we're on an open forum so none of us can be 100%.
Click on the red triangle in your post and ask if one of the site mods can take a quick look to see if they can point you in the direction of further info or to another member who has had a success with this in the past.
Gez
Understood Gez. It's difficult to accurately/fully describe a problem and obviously very difficult to assess and respond. You've done a good job though.
Would be interested if anyone else has any further opinions/advice. I'm a little concerned in case I've been doing it wrong so far!
Seems to me that you have given B/Shark every opportunity to come to an amicable arrangement to repay this account and they have decided to take their normal aggressive route.
Mercers are the inhouse DCA for B/Shark. They will very importantly issue Default Notices, etc. which they are not able to do in their own name.
What other correspondence have you received from B/shark and their crowd .. Default Notice, Termniation Notice, letter before action, Formal demand ???
If it is their intention to proceed to litigation then there is a process they MUST follow.
There has recently been a test case in order to establish exactly what the creditor needs to supply for a s78 request (CCA) and from what you say you have received.. B/Shark havent even come close.
Just to let you know.. the red triangle is a means of attracting the site team if you require help or want to report a post for some reason.
1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -HERE
2: Take back control of your finances -Debt Diaries
3: Feel Bullied by Creditors or Debt Collectors?Read Here
When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
Seems to me that you have given B/Shark every opportunity to come to an amicable arrangement to repay this account and they have decided to take their normal aggressive route. ......
...... What other correspondence have you received from B/shark and their crowd .. Default Notice, Termniation Notice, letter before action, Formal demand ???
Hello citizenB,
My wife has truly tried VERY hard to reach an arrangement with them and has been really up-front with them. This, along with their attitude is what grinds so much!
As mentioned, the latest communication from Calder's is marked "Formal Demand for Payment". I don't ge a lot of computer time, so I will check if any of the other correspondence can be considered the formats you ask about... I'll post back (happy to post/detail correspondence if it helps).
My wife has truly tried VERY hard to reach an arrangement with them and has been really up-front with them. This, along with their attitude is what grinds so much!
As mentioned, the latest communication from Calder's is marked "Formal Demand for Payment". I don't ge a lot of computer time, so I will check if any of the other correspondence can be considered the formats you ask about... I'll post back (happy to post/detail correspondence if it helps).
Thanks.
Thats the problem Weber
Most of us on here are not looking for an easy way out but are looking for a sympathetic approach from the creditor and a means to pay at an affordable level when our financial position is in the decline.
Don't think any genuine Cagger advocates ignoring debts or avoiding a genuine claim from a creditor.
Its only when they (the financial institutions) use semantics and manipulate their interpretation of statute to fill their trough that we look for a means to fight back against their systematic abuse of position.
Hello Gez, thanks for the response and the welcome to the forum.
I think you have grasped my feelings pretty accurately. Neither my wife nor myself are inclined to evade the debt, Barclaycard and their agents have been so totally unhelpful and unsympathetic and also continue to add interest and charges that we wonder why we have bothered to try to do the responsible thing and communicate the situation with them. It really has made us very bitter along with household arguments and tears!
I'n not disputing your comments for a moment, I have read similar and tend to think it is right, but with regard to legal action against non UK residents, do you (or anyone) know if the “European Order for Payment” regulations apply?. These state:-
“.... 2. All the Member States are aware of the problem of recovering uncontested debts. Several Member States have made provision for a specific rapid recovery procedure. However, especially in cases where the parties are domiciled in different Member States, the costs and delays inherent in ordinary civil proceedings (often the only form of recourse applicable) create insurmountable obstacles to access to justice, thus placing bad debtors at an advantage. 3. A European payment order procedure, i.e. a specific, fast-track, inexpensive procedure for setting claims which, it is assumed, will not be contested, would ensure rapid debt recovery and would be of fundamental importance to economic operators in the European Union. 4. Payment order procedures are used in many EU countries. There are two types of procedure: what is known as the "evidence" model, whereby the claimant is required to produce written evidence to substantiate the claim, which is examined by a judge; and the "no evidence" model, in which the courts do not assess the claim's validity. In the second model, whenever a claim is admissible and satisfies the basic formal requirements, the court issues an order for payment without it being necessary to submit supporting documents. ….”
Source: European payment order procedure and measures to simplify and speed up small claims litigation: Green Paper
The reference in para 4 to a “no evidence” model seems to me (as a layman) to be very open to abuse.
Yes, they do have our Spanish address, we freely advised them when we moved 11 years ago and this is where they have been sending correspondence/statements.
Since not receiving the agreement copy, my wife has clearly marked her letter 'Account in Dispute' (Barclaycard have refuted that). Is there a special format she should have used or need to re-send?
One thing we didn't do (prior to reading these forums) was to enclose the 1gbp with the request for the agreement. Although Barclaycard have acknowledge the request and returned similar letters that other forum members are quoting, could they later use the missing fee as an excuse?
We haven't been back to the UK for 10 years and have no foreseeable reasons to ever do so.
I was wondering, if they do manage to put a black mark on any Spanish credit reference agencies, could this be refuted 'if' it was a case of Barclaycard being default by not supplying the agreement!?
I'm a little unsure at the moment, if we should re-cover some of the steps/letters in light of what I've learned on this forum also not sure if I should send the Subject access request or persue the agreement request through to a Final Notice and then the Financial regulators.
Thanks again.
[edit] Apologies Gez. I referred to the EOP, I didn't notice your edit/link to your message. [/edit]
Welcome to my world . BC are stunningly arrogant. I have today received the most bizarre monthly statement, with a message that I agreed (when?) to pay £150/mth, (agreement was 50 per month with NO interest, as it was a theft they held me liable for, they moved the goalposts, not me). Apparently they say I am in default and they want all the money now, plus two months payments? This is after six years of not missing one payment ever. I have agreed to nothing whatsoever, most especially £150/mth.
My account (also in collection from overseas) is in dispute, is with the fos, as I got the "final response" and I am waiting for the adjudicator there to get in touch and tell me what the hell is going on. I got a letter from the FOS adjudicator demanding answers to 18 different questions, most of which implied I was lying - lucky I keep meticulous records....as I wasn't.
BC have basically ignored everything and are demanding money and interest on what I have been advised by a lawyer here is a non recoverable and non payable account (it was a theft). Just exactly what can they do if I tell them to go swing, as I am not resident in the UK? I am in a non EU country. I was coming home this year, they have so screwed me over, as one of the BC letters was a Default Notice. I paid them for years, trying to do the right thing, not knowing that as my ex withdrew cash (stole the card), I should never have paid a penny to them after the theft was discovered. Guess that means I have to stay put, as I will not be blackmailed.
Most of us on here are not looking for an easy way out but are looking for a sympathetic approach from the creditor and a means to pay at an affordable level when our financial position is in the decline.
Don't think any genuine Cagger advocates ignoring debts or avoiding a genuine claim from a creditor.
Its only when they (the financial institutions) use semantics and manipulate their interpretation of statute to fill their trough that we look for a means to fight back against their systematic abuse of position.
Best of luck
Gez
Gez, I couldn't agree with your comments more or put my personal feelings any better.
My wife and I both know she entered into an agreement and that the debt is a moral obligation (legality may or may not be another issue). But, as you say, with the unsympathetic responses from Barclaycard and their agents, we are feeling very bitter. I'm not looking for sympathy from the forum and it may look funny when put in writing, but over the xmas period my wife and I had the choice (because of or finances) of either feeding our two dogs or ourselves... our dogs got fed (silly as that may seem to some!). The point is, this hurts even more when Barclaycard treat you the way they do!
I have my own Barclaycard with a couple of k outstanding, this is paid regularly and on time, but they are making me feel like telling them to whistle for that... I won't, but it really makes me feel that way!
This whole arguing about the agreement issue is to try to get us some time and hopefully (I can't promise them) a better future financial position. I think we have been forced into this corner.
Reading some posts on this forum, seems to indicate that there could be another issue (I don't understand it yet) where charges and penalties might be illegal and thereby recoverable, geez, this makes me even more annoyed if Barclaycard adopt such practices. I have got to study this further and and try to understand if it applies to my wife's situation (she has had the 12gbp penalty charges added on many occasions). I want to both try to treat them the way they have treated my wife and 'perhaps' realise they are on a sticky wicket to encourage them to be reasonable.
Thanks for all your comments Gez, at least I don't feel like the only one who feels this way.
@canuck2010... Hi, as you can see I agree with you about the treatment we receive from Barclaycard. I wish you the best of luck and a good resolution with your situation.
Mercers are the inhouse DCA for B/Shark. They will very importantly issue Default Notices, etc. which they are not able to do in their own name.
Could you just clarify please; are you saying Barclaycard are not able to issue a Default Notice and it would have to come from Mercer's?
Originally Posted by citizenB
What other correspondence have you received from B/shark and their crowd .. Default Notice, Termniation Notice, letter before action, Formal demand ???
I have been looking through the letters etc; as mentioned, my wife does have a Formal Demand (latest & last letter). I can also see that the card was classified as 'Withdrawn' or her last statements. I can't find anything else you mention. Would these things be in a seperate letter (cleary marked or obscurred within the content)?
Mercers rountinely issue Default Notices "on behalf of" BC which they have no right to do. This effectively makes the DN worthless but they continue to do it and then register Defaults with the credit reference agencies.
If there are any penalty charges included on the a/c, these can be reclaimed in full and BC will refund them with little trouble.
Do you have statements for the last 6 years or more which will show what penalties you've suffered.
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.
Mercers rountinely issue Default Notices "on behalf of" BC which they have no right to do. This effectively makes the DN worthless but they continue to do it and then register Defaults with the credit reference agencies.
If there are any penalty charges included on the a/c, these can be reclaimed in full and BC will refund them with little trouble.
Do you have statements for the last 6 years or more which will show what penalties you've suffered.
Hello slick132,
Oh I see. The thing is I can't see any letters (from Mercers or anyone) that mentions 'Default Notice'... I will check again, do you think it will be headed default notice or just included amongst other text?. The last letter is marked 'Formal Demand for Payment' however.
My wife has some statements, but when we can afford the 10gbp she will submit a Subject access request so she can check then all (hopefully).
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.
It may be that they haven't sent you a D N yet, in which case don't worry.
Do you think there have been penalty charges on the a/c ?
Hi slick132,
I must admit, ths default notice does worry me. CitizenB said earlier in the thread that they must follow a certain process. If I assume they have/are doing things correctly, then perhaps a letter (the DN) has gone missing in the post, this is why I ask whether a DN could be part of the text of any letter they have sent or if it is a specific 'looking/headed/worded' letter.
Yes there definately has be penalty charges. By the time my wife gets the statement in Spain, it is very close to the payment due date and she has been charged 12gbp a time if it gets there late. Also if the euro/gbp exchange rate changes between her sending a payment and Barclaycard crediting it, then it gets classed as a non-payment because it is under the minimum due... more 12gbp's when that happens.
My wife is awaiting a response to her last letter, but now we are seriously concerned in case she hasn't done things right (pre finding this forum) and she should re-do and/or clarify some letters to Barclaycard in a more formal/officious way!
If you look through other BC thread titles, you'll find examples of Mercers' DN's. They are unmistakable with red and black and full of ...... garbage !!
It would be a letter in it's own right - I'll see if I can find an example for you.
Sounds like there are penalties to reclaim here. Do you have all your statements for the last 6 years. If not, the SAR should get you all the data you require to get a refund.
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.
My apologies for not responding sooner, illness and couldn't get to a computer, but thanks for the replies.
I've checked, my wife definately hasn't had that default notice, are they trying it on, by saying they've sent one?
There was a new devolopment a few days ago. A couple of years back, my wife gave her mobile phone to her mum along with pay-as-you-go SIM (number). Barclaycard used to have this number... my wife had given it to them!!!. Anyway, wife gets a call from her mum saying she had received a strange call on this phone asking for my wife by name and talking about a debt. My wife got the calling number off her mum and I tracked it down on the internet to be a company called 'RMA' and I see that they have something to do with buying Barclaycard debts. Does this mean that things are excallating and Barclaycard have sold the debt?. Should we start worrying even more?
Thanks.
PS: as mentioned a couple times before in this thread, I'm going to send off a SAR and I've also been worried that I need to summarise (ensure it's on record) some other points. Because it's kind of seperate I'll put it in my next post in this thread and ask for opinions.
Wouldnt be too concerned with RMA, think they work for a few OC's - had them calling me repeatedly for an Amex account, had a couple of their calling cards too last year (yellow & an orange one ...... woohoooo )
Have to dig around in the bottom of the bunny hutch to see if I've got any of their old threatograms.
As for the SAR, the most concise one I've come across on here is this....
Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:
1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.
2. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account.
3. True copies of any notice of assignment and default notices or enforcement notice that you have sent me, with a copy of any proof of postage that you hold.
4. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted. (if applicable).
5. Details of any collection and/or default charges added to the account; specifically, the date they were levied, the amount of the charge, a detailed financial Breakdown of how the charges were calculated, and what the charges cover.
6. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
7. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.
8. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.
9. Copies of statements for the entire duration of the credit agreement.
10.Termination notice.
PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec).
You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technial Guidance update (Dated August 2007).
I enclose the statutory maximum fee of £10. You have 40 days in which to comply.
If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.
Thanks for the info and the SAR, that does look like a good one.
Okay, even if we don't worry about RMA too much, does the fact that they have made contact mean that Barclaycard have sold the debt, if so does that mean they no longer have an interest in it?... consequences, repercussions???
Below is the start (WIP) of a letter I mentioned, this we're putting together to send to Barclaycard so as to make sure everything is on record. I realise it's a bit ambiguous seeing as it refers to their letters that I don't have facilities to scan/post at the moment, but any opinions as to whether I'm on the right track, even grammar/terminology help appreciated?.
What I'd also appreciate advice on is... what specific things should we add to the letter along the lines of 'you (BC) can't do this/that ie: keep processing data, refer to debt collection agencies etc, etc etc.
Dear Sir’s,
ACCOUNT IN DISPUTE
As I have received no reply to my letter dated 10 January 2010 (sent recorded delivery), I can only assume that you do not wish to communicate nor do you wish to find an amicable solution to this matter. This being the case, I hereby request from you confirmation in the specific form, and marked as such, of a ‘Final Notice’ to the effect that you have ceased communication. This will allow me to correctly address the issue to The Financial Ombudsman Service and The Office Of Fair Trading. If you do not provide this confirmation of ‘Final Notice’, I will present my case to these authorities stating that you refuse to provide said notice.
I will re-iterate so that there is no mistake or omissions in your records:-
you were advised, some ten years ago, that my permanent residential address is within the territories of the Reino de España and you have accepted this and sent all statements and correspondence to my Spanish address.
you have informed me on various dates that my account is being dealt with by different parties, but then you refuse to clarify which of these parties you wish me to communicate with. Nor have you advised me of, or sent, any ‘Notice of Assignment’.
your ‘assumed’ agents, Messrs Calder Financial, stated in their letter dated 2 January 2010, that I had not complied with a recent ‘Default Notice’. I have never received a ‘Default Notice’.
your letter, dated 22 December 2009, stated that you have fulfilled your obligations to provide me with the ‘Original Signed Agreement’ that I requested. You will firstly note; my letter to you dated 12 December 2009, clearly stated that I did not receive the separate covering letter which you referred to in your letter dated 3 December 2009. You should also note that the rewording of my request to ‘Executed Agreement’ was at your doing and I believe that your interpretation of the ‘Consumer Credit Acts’ to be self serving and selective in your quoting as well as being contrary to the spirit of the legislation and the original draftees intention.
you have failed to respond to and have totally ignored reasonable questions. Where you have responded, you have used legal terminology and reference to regulations not readily understood by the average consumer, which is contrary to guidelines and practices required by the The Office Of Fair Trading.
you have refused to proffer any reasonable assistance or help to a customer who has explained a difficult and regrettable situation to you.
following my detailed and genuine explanation of my situation, you have continued to apply the highest interest rates and charges possible even whilst the issue has been placed in dispute and without a formal 'Final Notice' of decision being issued.
I will consider any salient comments you wish to raise on the above and will supply, if required, copies of previous correspondence in confirmation of my position/statements. In the meantime you are required by legislation to...
..... CAG suggestions please
You will also note that I have enclosed a Subject access request which I expect you to comply with in the correct and proper manner.
Yours sincerely.
[Edit] PS: does anyone know if it is ok to send 10pound in cash for the SAR. Registered letter of course. We don't have a cheque a/c and I don't know if postal orders are available in Spain? [/E]
Barclaycard debt: Non UK resident.
) of 60gbp, which to be honest, we still could not afford, so my wife wrote back to Barclaycard explaining this and asking if they could offer any other help/support (asking Barclaycard for help/support now sounds ludicrous after reading some of the forum comments!).
Reply With Quote
Originally Posted by Weber
. BC are stunningly arrogant. I have today received the most bizarre monthly statement, with a message that I agreed (when?) to pay £150/mth, (agreement was 50 per month with NO interest, as it was a theft they held me liable for, they moved the goalposts, not me). Apparently they say I am in default and they want all the money now, plus two months payments? This is after six years of not missing one payment ever. I have agreed to nothing whatsoever, most especially £150/mth. 
I paid them for years, trying to do the right thing, not knowing that as my ex withdrew cash (stole the card), I should never have paid a penny to them after the theft was discovered. Guess that means I have to stay put, as I will not be blackmailed. 
