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  1. Wow folks, perhaps it wasn't such a stupid question after all! I shall watch with interest. Thanks moonwoman
  2. So it does have to be my acknowledgement. That's what I thought. Thanks.
  3. I'm just checking I understand statute barred correctly... Nothing paid on the debt for 6 years is pretty clear. When it comes to 'no acknowledgement of the debt' does that mean acknowledgement by the person who owes the debt? If DCAs have sent letters chasing a disputed debt during that time, but have not been replied to or have been replied to but with the letter stating 'I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY' do their letters restart the statute barred clock every time they send one, or does the 'acknowledgement' apply only to the debtor or alleged debtor? Sorry if this seems a really stupid question, but I have been wondering and just want to be sure I have the facts right. Thanks. moonwoman
  4. Thanks for the update Jasper. They haven't actually taken the money yet - just told me that they have the right to do so. I asked the 'supervisor' for details of the law which confirmed that they had this right and she replied that she didn't have to do that because it's 'in their terms and conditions.' I said I didn't think it was unreasonable to ask for some form of proof that what she was saying was correct. We went round in circles! Forgetting about it for tonight - will get back on it tomorrow. Glad your MIL got her monies back. mw
  5. I'm interested to know if there has been anything further on this as I'm embroiled in a similar situation - wondering if there have been any further developments?
  6. Thanks Slick,So if Cabot have purchased a debt, does the same apply? (ie they can send a copy of the original terms and conditions, and then continue to pursue)? Cabot have been chasing an 'in dispute' account for a while - and I am considering whether to send them the 'do not visit my property letter, in response to their latest letter which threatens a doorstep visit. I was going to include that the account is in dispute, but now I'm not sure what is best. I'm aware they may not send a doorstep collector anyway - previous letters have included discount offers, the 'pre litigation' letter etc. I have ignored all previous letters as the account was in dispute as far as I was concerned at the time. Now not sure what to do. moonwoman
  7. Yes, you're absolutely right - I will need to read up on it if I go down that route, as I have not reclaimed any charges on any other accounts. Ref your point about the account not being considered to be in dispute for non production of a CCA agreement, I'm obviously out of date on that as well (more reading!) Does that mean that accounts that were in dispute for that reason previously are now no longer considered to be in dispute? I ask because my OH has a couple of accounts that have been 'in dispute' for ages, and they regularly get passed around from one DCA to another. I just file their letters and wait for it to be passed on to a different name! Moonwoman
  8. Thanks for your replies. Sorry - been staying at a friends since Easter. hence the long delay in replying. Slick132, yes there definitely are penalty charges on the account and I have considered this. At the moment I cannot afford the £10 to get the SAR. I will be getting another letter off to them soon now I am back home. Can anyone point me in the direction of the info regarding DCAs offering to accept payments by credit card? (ie, increasing your debt) I have searched around, but obviously entering anything containing 'credit card' into the search brings up rather a lot of threads(!) and I cannot find a reference to to it yet. Thanks Moonwoman
  9. I'd appreciate any help with my next move here. Firstly some history/info. I took out a loan with Barclays - it was in 2003 I believe, no PPI. The loan was for £10,000 and payments were for around £208 per calendar month. Until around 18 months ago payments were generally up to date - a few hiccups along the way, but always caught up. Since then I have not been able to make any payments. I must admit I just let it slide and didn't contact Barclays. Barclays have sent occasional letters asking for payment. In January I agreed to pay £10 per month for three months, whilst we waited to see how our financial situation panned out. All three of those payments have been made. At the end of February they sent a Default Notice. Said financial situation got worse instead of better! I have reduced my hours from full time to part time and bring in around £460 pcm. This reduction in hours was due in part to being off work with stress last year when in the same position full time. My OH is in self employed building work under contract and his contract finished around the same time. I wrote to Barclays towards the end of March explaining all of this, and also explaining that we were applying for Council Tax and Housing Benefits at that time. I explained the situation, that we were behind on rent, council tax, water rates etc etc., and offered to pay £5.00 per month. I also included this ... "If interest or other charges are being added to the account I would be grateful if you would freeze these so that all payments made will reduce what I owe you. Naturally should our circumstances improve I will contact you again." Barclays have replied to refuse this offer, and suggested that I seek independent financial advice through CAB, National Debtline etc. They have also suggested I contact other creditors, which I have already done (Barclaycard were equally unhelpful as Barclays; other credit card accounts are in dispute due to non CCA for quite some time: one appears to have written it off). Barclays letter states "If you have other creditors, I would advise you contact each of them, if you have not already done so, as they may be able to arrange alternative solutions due to your present financial position." This looks to me like they are hoping I can reduce payments elsewhere to release more money for them! That isn't the case. Their letter concludes that 'Unfortunately they are unable to suspend interest or action for the period requested.' and that's it. The default notice is for nearly £4,780. I reckon that in the time I have made payments I have paid around £15,000 - £16,000. I have no idea where to go next with this. Any help would be much appreciated. Thanks Moonwoman
  10. I'd appreciate any input on the following... I sent a letter to Barclaycard around the third week in March, stating that due to a change in circumstances I could not meet the payments and could only offer £2 per month. Briefly my details are as follows: I work part-time and bring in around £460 pcm. I've recently reduced to these part time hours, in part due to being off with stress last year when working in the same job full time. My OH is self employed - contracted building work. His contract had just finished and we were at the early stages of applying for council tax and housing benefit when I wrote to them. I explained all this in my letter. I also included the 'communicate in writing only' and the paragraph about revoking any rights they may have to send a doorstep caller. I have received a response from them. I can't scan anything in at the moment so I have retyped bits of it here. "Unfortunately, the amount offered is less than required for your account to be placed on a formal reduced payment plan. However we do appreciate this may be a difficult time for you and we would like to help you through any difficulties you are experiencing. Please contact us on 0844 ........by April 20th. We are confident that we can help you to resolve this situation and offer repayment options that may assist you." There is then a paragraph about organisations I can contact for help (CAB, CCCS etc) The last paragraph is.. "IMPORTANT INFORMATION - PLEASE READ We must advise you that if you cannot pay in line with the amount due on your statement you must call us to discuss the matter further. If you have not contacted us by the date specified above we may be unable to prevent the following further action: Additional fees being incurred. We may instruct Mercers Debt Collection LTD to send a default notice in accordance with our rights under section 87(i) of the Consumer Credit Act 1974. This action may affect your ability to obtain credit in the future. We may refer your account to a local Debt Collector who may call at the above address to obtain payment of your debt. To discuss the options available to you please call us on 0844 811 1574." So - I am now trying to decide whether to send the "I am disappointed" letter from the templates, or to just send them a CCA request. I'm moving strongly towards the CCA request. I would like some help though on the best 'legal' wording about my response to other bits of their letter... Twice in their letter they have asked me to call them, in spite of my own letter clearly stating 'in writing only.' (I did also ask if it would be possible to have an email address to communicate with them - to save on my special delivery postage fees - but they have totally ignored that.) They have also mentioned the good old 'doorstep visit' again, although I had also already covered that in my letter to them. Last year I reported one of their door-step callers (to OFT I think- although memory is a bit hazy from that time - it was around the beginning of the time I was off work with stress) for his behaviour on my property, and I wouldn't mind mentioning that in my response as well. I am aware that their last paragraph is peppered with 'mays' but I'd like my response to be a bit more definite! Also - should I pay £2.00 to show willing, or should I just wait for a response to my next letter/CCA request? Greatly appreciate any sample letters, advice or opinions. Thanks, Moonwoman
  11. I've just noticed on the letter (sorry - but still so amazed at receiving it I keep reading it in case I've missed something!) it says 'Principal Sum' £amount in here. Does that have any significance - are they likely to come up with a 'Secondary Sum'? Sad how dealing with these people makes you scrutinize everything so suspiciously looking for the catch! moonwoman PS - do you think I should place this in the 'What's the lowest % you've had as a Full & Final Settlement letter' thread - or is that a step too far?
  12. I must admit I was gob-smacked when I read the letter. It's already in the file stamped 'closed!' I agree - I should take it at face value! Mind you I would quite like to read the follow up letter if they realise that it is a mistake and try to 'change their mind' moonwoman
  13. Thanks everyone for your input. However. things have now moved on in quite an unexpected way! I had emailed the company yesterday offering to pay a nominal amount as we are on benefits. I also mentioned that there was a possibility that we could borrow to pay it off as a full and final settlement (this would have been around 10% of the o/s amount - and it would have been a non interest, pay back whenever loan from a friend - in order to wrap this up completely) They had replied that their client wouldn't accept anything less than 20 % off the original amount. They also asked for income and expenditure. I replied to the effect that I understood I was not legally obliged to give them income and expenditure info, (I had already told them we were claiming housing and council tax benefits) I also asked them to confirm exactly who 'their client' was. They (BCW) emailed and confirmed that their client was Arrow Global. So far so boring.... however today we received a letter from BCW (dated yesterday) stating... 'I can hereby confirm that the above account has been paid in full by a Full and Final settlement figure of £0 on . Our records have been amended accordingly.' I assume either - 1) Someone hit the wrong button on their computer 2) They've given up? I think 1 is more likely, BUT is the letter binding - it is on their headed paper. If they now try and backtrack have I got them, even though it says £0 and no date? Needless to say the letter is a keeper for the file. My plan is to simply wait and see now. What do you think? moonwoman
  14. Thanks for the info - I have managed to find the original thread I was referring to which mentions DUTIES and suggests it is important... http://www.consumeractiongroup.co.uk/forum/showthread.php?294044-Require-Advice-Please-Dealing-with-BCW&highlight=bcw It's post number 12. So I'm wondering if this is important or not? moonwoman
  15. Thanks for the info - I have managed to find the original thread I was referring to which mentions DUTIES and suggests it is important... http://www.consumeractiongroup.co.uk/forum/showthread.php?294044-Require-Advice-Please-Dealing-with-BCW&highlight=bcw It's post number 12. So I'm wondering if this is important or not? moonwoman
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