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I hope you can help me. I was having financial difficulties so I was making token payments to Barclaycard...
I then recieved a letter and phone calls from CapQuest requesting a payment arrangement be set up for the whole amount.
I wrote to CapQuest on 31st Jan including £1 etc for the CCA request. They replied on 11th Feb saying that they recieved my request and have the agreement but needed me to phone them as due to data protection they couldnt release the informaton without speaking to me (however they have merrily been taking £30 from my bank account monthly)
Have checked my credit file this evening and it seems that Barclay card havent infact even registered a default and its saying is "6 late payments"
Can i send a "non enforcable debt" letter to Capquest for non compliance with CCA letter? do I even owe capquest if its not registered as defaulted? the 3 x monthly payments to capquest arent showing on the credit file or affecting the balance owed?
Where do I go from here? and as this isnt registered as default could i technically transfer the debt to a low apr card to pay off?
Unless CapQuest own the a/c, which I doubt, you should assume it is still owned by BC and send them a CCA request.
If you think there are penalty charges on the a/c but you don't have the last 6 years' statements to quantify the penalties, send BC a SAR as a separate letter.
If you can clear the debt by transfer to another card with a low APR, that makes more sense than trying to question the enforceability of the a/c, which is a long drawn out business. This would also avoid the inevitable defaults that will appear if the a/c is in dispute and remains unpaid.
You can still go back to BC and reclaim all penalty charges plus interest, even after the a/c is closed.
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.
Well its now a few weeks on and still no CCA from either Barclaycard or Capquest so have send the Account in Dispute letter and will see what happens next.
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.
Read the Reclaiming Charges Guide at Link No1 in my signature.
Then read some of the ***WON - CHARGES REPAID*** threads from the BC forum.
Everything is here for you to reclaim easily. Do your research first and then come back if you have any queries.
Decide if you want just the charges back (quick and easy), or if you want to claim compound contractual interest (more work and a court claim involved but can be VERY rewarding financially).
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 havent gone for any charges claims as yet.. I sent them (and capquest) a CCA request, followed by a SAR request months back but heard nothing at all from either. So i sent a account in dispute letter to them both.. again i hear nothing!
Then Friday i recieve a letter from Robinson Way saying that the debt has been passed onto them. i rung them and said the account was in dispute and that they need to refer back to Barclaycard. The guy on the phone was quite rude and said well u had the money you need to pay it. i just replied, the account is in dispute as Barclaycard are aware..
What do i do now? do i resend the dispute letter? ignore robinson way? help!!
Write to BC enclosing copies of the unanswered letters and give them a final chance to:-
1. Supply the data you require from your SAR. Tell them they should supply at least 6 years' data from the date of your ORIGINAL SAR.
2. Supply you with a copy of your credit agreement in response to your CCA request.
Tell them if they fail to respond within 14 days, complaints will be made to the regulatory authorities as well as BC's HQ in London about their failures to respond to your reasonable and legal requests.
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.
Barclay card confusion
from CapQuest requesting a payment arrangement be set up for the whole amount.
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