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.
Hi all ,
long one 'sorry' but story so far,
Letter dated 30 March received (post marked)6/4/07-letter from b/card Payment due??? £70.00 "You have fallen behind with agreed repayments" (we have a dmp with CCC's never missed a payment, EVER)goes on to say"Payments need to be made no later than 20 April.
-10/4/07 made a DPA-SAR( full list) and a CCA with £10,£1 Fees enclosed+ utility bill/passport for ID (for delaying tactics)
On 16/4/07 received letter from Mercers (DCA) DEFAULT NOTICE s.87 of CCA, amount due £145.85 to be payed before 27 April, acting agents for B/card goes on " under terms of agreement you are still behind, despite letter from B/card you must pay minimum amount as shown on monthly statements (we have had no statements since starting the dmp in 04)
-19/4/07 Request received letter from B/card (regarding DPA-SAR)
-26/4/07 (Special delivery) sent a letter to B/card thanking them for letter dated 30 March received 6 April, advising debt in dispute awaiting DPA and that debt contains fair proportion of unlawful penalty charges.Advised also debt UNENFORCEABLE whilst in DISPUTE any action taken by them or third party will be defended and issue a claim for stress/damages along with complaints to relevant authorities. Informed also about payments through CCC's and the DMP we have in place.Forwarded a copy to Mercers.
Today 28/4/07 letter from B/card dated 26/4/07 REF s.78 of CCA . Remittance of £1 (BUT THERE WAS NO £1)regarding B/card acc.
"Find enclosed"
A)signed copy of your 'APPLICATION' ( I wanted a true signed copy of my executed agreement)
B)copy of T&C's
C)outstanding balance £****
D)outstanding balance (NOW £150.48)-payments have been missed since re-payment plan (OH NO THEY HAVEN'T I HAVE PROOF)
goes on to say "cancellatons notices and copies of documents regs.1983- no requirement for EXECUTED AGREEMENT to contain the ORIGINAL signature BOX therefore we have in event, gone beyond our statutory duty in providing you with a copy of the signed APPLICATION FORM (HA HA HA)
signed by Helen Gould,Court orders and disclosure clerk
Legal and public affairs
Dep.LRC
Any Advise for way forward on this
Thanks in advance
have you rang them? i have read the thread andit is annoying isnt it when no one replies? i am not sure i understand. what is a dmp and ccc is it a debt managment. Why dont you ring mercers or barclaycard?
Hi Sowerby,thanks for reply, just been on phone to CCCs (Consumer Credit Counselling service, excellent company been with them since 04 with no problems) by the way dmp is a debt management Plan, and they have said that Barclaycard have sent out in 'ERROR' 6000 letters that people haven't paid (hope they haven't sent me them all lol!!!) and to send them copy's of my statements as proof i have paid, so will be doing this. Don't want to ring Barclaycard/Mercers so will write to them. Nobody replied to this post here so i put it on debt collectors and debt collections agencies forum and received good advice there from Lookinforinfo (thanks again).
Nick
Hi all,
quick update, they have just sent a DPA/SAR but not a full one . The account was opened in 1998, this only goes back to 2002 (Feb).So now do I write to them saying I want the rest and they will probably write back quoting the Limitations Act (like Yorkshire Bank are doing with me) or go straight to the ICO.
thanks in advance
Nick.
Write back and give them a further 7 days to fully comply. If they write back and say they only keep 6 years records ask for a copy of the Certificate of destruction.
hi, Josie8, thanks for reply and sorry for late reply. Will see if any more come this week,(probably wont) and will write to them beginning of next week.Will ask them for certificate, although this was asked for in my DPA/SAR as I sent the full comprehensive list.Hate all this delaying, don't you?. Should be able to get your information and get on with it. Oh well, It's not that easy lol.
thanks again,
Nick.
Barclaycard HELP NEEDED!!!!!!!!!!!!!!
with CCC's never missed a payment, EVER)goes on to say"Payments need to be made no later than 20 April.
Reply With Quote
Re: Barclaycard HELP NEEDED!!!!!!!!!!!!!!
