Thanks bazaar, I'll take a look at that document in a minute but if it's pages and pages of legal speak, I'm liable to lose the plot very quickly That's a very valid point, their letter states "Please find enclosed a copy of your latest executed agreement. This is a statement of the terms and conditions made since you entered into the agreement" But they didn't send it. The letter they did send, if you can read the scan, is titled simply BARCLAYCARD CONDITIONS. (Now I've read it) It's interesting to note Section 8 COULD THE TERMS OF THIS AGREEMENT CHANGE: 8.1. We maychange the terms of this agreement and we will tell you about any changes that we make.... .... 8.3. We will tell you about any changes by advertising them in the press, putting messages in your monthly statement or sending you a seperate written notice. Hmm. :-| Section 10 GENERAL: ... 10.5. We may transfer to any other person any or all of our rights and duties under this agreement at any time... ...We may do this without telling you... ...Your rights under this agreement and your legal rights (including those under the Consumer Credit Act 1974) will not be affected. Anyway, getting back to the point, wasn't I also supposed to get at least a statement of account, if not all of them or am I thinking of a SAR? I told you get confused easily But claiming this account goes back before '85 is total nonsense. Shouldn't the onus be on them to prove that too?

Sorry to ask this but I don't feel comfortable not fully understanding the main points, legalese makes my head hurt so I'm extremely glad to have you on my side. Please correct me if I've got this wrong; Barclays are using the Consumer Credit Regulations 1983 as a get-out-clause to providing me with the original agreement by claiming the agreement began before May 1985 and that the current agreement is legally acceptable? (I haven't read the current agreement but I suspect it doesn't relate to any agreement they think I have with them anyway!) From what I can make of the letter you're advising I send, I get the impression Barclays are mistaken/bluffing and still have to produce the original CCA, albeit without some of the prescribed terms?

Has anyone got any words of wisdom on my position? I am 110% sure Barclays have no evidence to support their "1985 declaration". Should I respond/challenge Barclays latest reply or maybe just move on to a Subject Access Request (which I can ill-afford)? EDIT: How cool is that!!! Type the abbreviation (S)(A)® and the website spells it out

UK26, I hope experian and their clients get what they deserve and I applaud your efforts so far to stand up to them as I expect I (and every other civilian in the land) will benefit from the successful outcome I hope you receive. I wish I could contribute to your cause but the reason I'm here is because of a lack of spare cash and having donated to this site really am living on a shoestring right now with bills mounting. Talking of money's donated, assuming you win and get all costs back what then? I expect you'd attempt to make refunds but could this not be the start of a "cag pot" to help other cag'ers that find themselves facing high costs just to get their rights enforced?

Tell me too please?

Update today. A4 letter came through my letterbox this evening, franked 19th from Northampton. To sumarise events so far; Two CC accounts were defaulted on. RMA, NCO, Westerminsters and SCLeatham are chasing one account (CCA request signed for by RMA 3/12/09) and Calder chasing the other (CCA request not been signed for but was sent 2/01/09). The letter I got today, dated 16th Jan, has come from Barclays, referencing the account Calder are chasing. It is their response to my CCA request and it says halfway through the 4th paragraph... "However, Regulation 9 of the 1983 Regulations mentioned above (consumer credit regulations 1983) states for accounts opened before 19th May 1985 such as yours, we can send a copy of your current executed credit agreement" (underlining is mine) I'm off to read up on this get-out-clause next, my memory's unable to recall the 80's at this moment but I'm pretty sure I didn't have any Barlclays credit back then. After Paragraph 5 goes on to add... "..the interest rates have been omitted and the fees and charges have been suspended and no longer applicable due to the current status of your account" Here's the scans of both sides of the one document they sent...

Although the Royal Mail website tracker still infers my letter hasn't been delivered, I've received a CCA response from Barclays for that account!

Thanks for that info DD, I do have their head/registered office address but I don't understand why they're publishing an address that can't be delivered to. Update after going to the Post Office - all they seem interested in is advising I wait until 14 days have passed then making a claim. Doesn't help my letter but I'm in no rush, Calders haven't been giving me hassle like RMA/NCO/Westminsters/SCLeatham so I'm happy to wait until I've reclaimed my £1 postal order

I did read some info about reclaiming charges and it will be wonderful if BC owe me, truly it would. (Sorry if misled you and said these are six year old debts, I think I've had these debts since before 2004?) I just can't recall having any charges applied other than the declared interest. I do know that the month I went cap-in-hand asking the interest be stopped, they quickly sent me a last bill with interest (which, according to our token payment agreement rate, they knew would take me several years just to pay that month's interest charge off) On learning I could CCA them, I bought two Postal Orders, one for RMA and one for Calders (or one for each debt). But Calders didn't continue, (just sent one letter, made one phone call then one postcard) and I've not heard from them for months. RMA were more tenacious and were calling daily at first, so I sent my CCA request to them (which defaulted around 19thDec) and I decided I'd wait for another Calder letter before sending them a CCA request. But they haven't sent anything since so not wanting to waste my £1 PO I decided to send Calders a CCA last week (posted 2nd Jan) and this thread explains what's happened since. In my other thread where I deal with RMA etc, you'll see the day I sent them the CCA request, I got a letter from NCO for the same debt, then one from Westminsters Solicitors, then SC Leatham, NCO, SC Leatham, NCO ad infinitum. I took advise and sent NCO the in-dispute letter. The next time NCO called, I asked if they'd got my letter and they denied having it. The last time they called I asked if they got my letter and initially denied they had it until I told them it was signed for, then he agreed they did have it and apologised before hanging up

You're right, I do have another "case" but didn't want to confuse the two. It's quite a long story but umpteen years ago, while I was a "relatively" high earner, I got both a Visa and Mastercard but when work (contracting) dried up, I overspent and in my next job didn't repay it all, just minimum required. Then I became disabled and stupidly didn't claim benefits until I'd spent all my savings. Regarding both CC debts, BC agreed to stop interest and accept token payments of £7 and £10 p.m. Occasionally over the years, I'll miss one month, get a warning letter, call them up and resume where we left off. However, my situation is not getting better and probably due to depression, I didn't bother calling them when I missed the August payment last year. This is how it all started. Calders were very polite and agreeable on the phone, making offers of F&F for about 3/4 the total of Mastercard debt etc. But when RMA got involved (for the Visa card debt) it was a different story, they caught me at a bad time and refused my request to call later, kept redialling and talking over me to the point I lost it, screamed obscenities and slammed the phone down, ignoring all calls immediately after. That was when I decided I won't play ball and after reading the information on this site, think it's the best move I've made for a long, long time. I don't know but I would guess that I've paid off all the money I borrowed including a fair bit of the interest with the remaining claimed "balance owing" probably made of pure interest charges of interest charges, if you get what I mean. Either they take me to court (which I suspect they won't or if they do, won't win) or I'll get the debts statute barred - I'm not paying a penny more to support such a despicable, greedy industry. In my spite, I actually wish the government let the banks go down the drain like every other business in trouble, instead of giving them taxpayers money (and then borrowing gross amounts more to give them) of which should be going to other good causes like education, health etc. Sorry for the rant.

As stated above, the recorded delivery tracking says my CCA request has not been delivered yet. It was sent on 2nd Jan so I'll see what the PO say on Monday.

Thanks for that explanation. I've used that PO clerk twice and both times he seemed to have problems finding addresses on his system so when it happened a second time (the first got it's destination) I didn't think any more of it. I shall be more careful & throrough next time. I do feel, as you say, it's not my problem if they want to play silly buggers with multiple addresses so I'll hold back contacting Mercers, London at this point. Sorry to confuse matters but after Calders initial letter, phone call and follow up postcard, I've not had them contact me or chase the debt for several months now. I only sent the CCA in expectation they would be following it up soon so I don't think the dispute letter (in that form) is appropriate (yet).

Ah, well spotted! Satisfactory it is indeed. Sorrt to intrude, I'll crawl back into the shadows now. Good luck OP.

No, I didn't put my (return) address on the envelope. I'll get down the PO on Monday is there hasn't been a further development by then. So I'm thinking it might be prudent to resend, but this time to the Reg'D office (given in the footer)?

Sorry to butt in but may I ask what is the importance of "marked my credit file as satisfield (not settled),"? I ask because I signed with experian for a free trial and have "Satisfied" applied by my bank. Is it not a good term, what does it imply as I've never borrowed from them, it's just a simple account. The only problem was failed DD's (not my fault) and couple of banks charges applied - the account is in credit. Thank you for reading this.

Two more letters arrived recently... I'm made to feel bad because I "failed...to our clients satisfaction?"! That's funny because RMA are in default of my CCA request for this account. What is interesting in that letter is it infers they have visibility of my "detailed history" which I would like to see, preferably without having pay £10 for a SAR. And from NCO, this is a cracker... So they want the FULL AMOUNT in two installments and when I pay it, they'll mark my file as account repaid and put a special flag on it stating it was less than the full amount???? They really are just a deforestation company, wasters. I also got a call from NCO today and I told them I'd written to ask them to put all in writing and stop calling, which he said "we didn't get" it, to which I replied "You did, it was signed for" and then he said, "Let me check, oh yes, sorry, bye." On a side note I had a woman telephone me yesterday, asking for a previous (female) tennant and from her attitude, I suspect she was a DCA rep. When I told her she's got the wrong number she asked if it was "my address" which I confirmed to which she said "I have the right number then!" to which I said it's wrong because that tennant no longer lives here, it's my phone number. She then asked when I moved in to which I told her it's none of her business. She then rang off spitefully and sarcasticly saying "thanks for your help then, thanks very much".

Today I checked the Royal Mail tracker to see if my letter has been delivered and it hasn't - it's been over a week. The address I put on the envelope included "PO BOX 55" but on closer inspection my Post Office receipt has "PO BOX 5" recorded and "Address Validated? NO" so it looks like they haven't got it. I assume the PO will open my letter to find my address and return it to me? But what should I do at this point?

BUMP

Ah, I didn't read the smallprint. It appears they are Mercers Debt Collections Ltd trading as Calder Financial. Registered Number 2550639 Does that mean I'm wasting my time sending the CCA and postal order to the above address?

May I nominate RMA? My first call from them was under unusual circumstances which was stressing me to my limit. Allow me to explain the background to this; My Brother In Law was found in a helpless state last August - the house was a mess, he'd left the bath water running and the ceiling had collapsed - he'd undergone a personality change of extreme. He was eventually diagnosed with a brain tumour, had brain surgery and released from hospital with no fixed abode (owing to him trashing his rented accomodation). At the time, I was temporarily staying at my sister's house so I volunteered my flat to him to recover from his surgery. At the very point I was settling him in, explaining how things worked etc the phone rang and the caller asked for me by name which I answered, then I was asked to confirm my personal details. I told him "You've called at a very inopportune time and I can't deal with it right now". Well he obviously took this as a show of weakness (I was polite and asked he call back another time) and demanded I deal with the matter there and then "it won't go away, I won't go away I'll just keep calling" to which I hung up and he re-rang. I got annoyed at this and told him firmly, "I have a dying man here" - his tumour is a grade 4 (very aggressive) malignant cancer - "who is just out of hospital after having brain surgery and is staying here as my guest, he needs peace and quiet so I can't deal with this now. Put your communications in writing, I won't deal with this over the phone." and I hung up. Well the cretin redialled again and I totally lost it. "Have you no compassion man?" I screamed. He retorted he'll keep calling until I do sort it out with him. "Then I will ignore you" I replied. He told me then they will come round to my address, to which I gleefully answered "Great, then I can smack you in the mouth for being such a EXPLETIVE DELETED!" and slammed the phone down. Oddly, he didn't redial again but my BIL reported several calls from them in one week. He's now found alternative accomodation, thankfully. If it wasn't for that rude individual, I would have carried on paying my debt to Barclays but not now. I consider them and their associates as hostile and treat them accordingly. I am confident I have paid back all I originally borrowed, plus interest so feel justified in my rebellion. They will have to take me to court if they want another penny from me and being long-term disabled, doubt it would do them any good anyway.

Hello, I have just returned from the Post Office in order to send a CCA Request to Calder Financial. It went recorded first class but the operator had trouble locating the address given, telling me that Calder does not appear under that postcode or PO box number, though other companies do. The letter I have from Calder gives their address as... PO BOX 55 Liverpool, L32 8XX Can anyone confirm this is the correct address?

I consider the multi-name companies a just more evidence of their deceptive nature. It seems they are wholly unable to operate at any kind of honest level and it would obviously seriously harm their profits if they did!

I'm thicker than two short planks mate, for me some things need landing lights otherwise they go right over my head. Either that or can I blame it on my newbie status? :-|

When was the law passed that required such companies to record and archive all calls? I ask because I'm considering sending a Subject Access Request to Barclays and wonder if I need to specifically ask for such recordings or should be included by default anyway?

Thanks everyone for your support. We'll just have to see how this pans out. Happy New Year - peace and prosperity to you all.