Thanks for that Lee32uk I totally agree that it must be a FULL AND FINAL and in writing - anything else other than that will not be considered

The anti tamper proof strip must be the best idea I have seen...welldone...I have taken the liberty of copying it for all future correspondence

Thankyou all for your replies. Coactum... it seems they must be so desperate with the current situation that they are prepared to make such offers....It is not that I can really afford to settle it is just weighing up the balance of probabilities to see which is the best deal for me and not them and how it will affect my life as I am dealing with multiple creditors. By giving them £4000 yes it will be a massive saving against the current £49.00 per month they get as I have no concern of who they eventually pass the debt onto and also I cannot think of a more undeserving 'Bunch of Bankers' to give that amount to... but then again it is very tempting... I have basically sent them a response via recorded delivery this afternoon asking them to verify and confirm what they mean by all their maybes and considers contained within the letter and in not so many terms said that I do not trust them until I see the whole terms in black or white and under no circumstances are I coming to any agreement over the telephone or until I get every point clarified...I will see what happens and keep you updated... I probably wont even get a response from them now...In whcih case I will carry on as before and maybe they will reduce the offer further....but somehow I doubt it very much.

I have been sending reduced repayments to MBNA for the past 2 years. The total amount on both MBNA cards is just over £16,300.00 to which I make pro rata payments to all creditors these get £49.00 per month. I get the usual phone calls etc all of which are ignored and the standard threat letters etc. The calls over the past 2 weeks have increased ten fold ….but Oh whatever! Last week I received a letter from them basically stating that due to the low payments they are scheduled to be written off as a bad debt and passed to external debt collection etc. The letter then stated as a final attempt to demonstrate our good faith to resolve the debt they were offering me a reduction to £6300.00 to settle the accounts and would mark the accounts with a partial settlement and they will not pursue the remaining balance of £9700.00 Which is a good offer…However they are asking for me to call and one thing I do not do is call them and the offer expires on 27th June, 2009 Today I have received a letter from them sent via wait for it….SPECIAL DELIVERY…with a handwritten envelope and they are now stating that as a total final offer they will accept the following: £159.00 per month for the next 125 months and no further action Or as a total final gesture if I agree to pay £4000.00 against the full debt of £16300.00 MBNA will then consider writing the remainder off, this will be reflected on my credit file and even if I cannot get the funds immediately there are alternative options and this offer will only be valid up to 29th June, 2009 So in essence they must be totally desperate and I am seriously considering taking their offer up but I am not stupid enough to fall for their if’s or buts or considers.... What advice I would like is some direction on to how I can respond to them with the view of settling the debt. I cannot raise the funds within the next month so has anyone had experience into exactly how the response should be worded to cover all bases as I do not want as I have read on here the remaining balance being pursued in 2 years time and also how many months does anyone think I could repay in I thought over 3 to 4 months

Hi Slick132, I had not thought of going through the statements sent I have been a little pre occupied and more focused on getting my correct CCA and Data Protection Info along with which way to turn as they just do not seem to be bothered at any of my requests it is as though they are above the law, they can demand and hassle me pass my account from one company to the next but when I request information they are just totally ignorant and non forthcoming... I must take a step back and start thinking outside the box more.... I really appreciate your advice and I am going to make that one my to do tasks...Thankyou

Thank you supasnooper I will post that off tomorrow:)

I would very much appreciate any advise and guides on this matter. My original Goldfish card was on reduced repayments then in November 2008 I received a letter form Barclaycard stating they had taken over the account after financial problems I found this site I have used the various templates and information to get as much information on my account as possible. I have during all communication with the various companies maintained token payments to them. I was prior to my semi retirement self employed and have been since taking out the card some 10 years ago paid PPI upto about 7 years ago. I requested a copy of my credit agreement from GOLDFISH on 30th September, 2008 I received a letter from GOLDFISH with basically A poorly photocopied unsigned Credit Agreement that contained nothing near the correct prescribed terms along with an card outer they send along with a Credit Card and An Account Information Sheet signed by a team leader. Barclays then notified me in November the very day I received the items from GOLDFISH stating they had taken over the running of the account which was in arrears so pay up.... I sent a letter back stating that GOLDFISH were in default for not producing a credit agreement and to avoid any doubt if you are the new owners of the account I would like my Credit Agreement from them. They failed to respond and on 12th December I received a letter from their in house collection agents CAULDERS which basically said pay up or else. I then sent a Subject Access Request to Barclays Head office on 22nd December, 2008 asking for basically everything not limiting to 6 years and including the request for my Credit Agreement. During late December early January the calls were coming in thick and fast from CAULDERS demanding this demanding that and enough was enough so I sent them the telephone harrassment letter and surprise, surprise the calls did stop!!! I received a letter dated 16th January 2009 from CAULDERS/BARCLAYS stating that they intended to sell the debt which I replied with a reminder that the account was subject to a SAR which to date they had not replied. I then received a letter dated 18th January, 2009 that basically said they were sorry with what had happend and would get back to me by 10th February, 2009 when they had fully investigated my compalint and request. I then received a package from BARCLAYS dated 19th January which basically contained 6 years statements and the covering letter stated this is ALL the data they held. I then again received a letter from BARCLAYS dated 10th February, 2009 AGAIN saying they were still investigating my complaint/request and would contact me by 10th March 2009 Once again I received a letter dated 18th March, 2009 again they were still investigating my request/complaint and would contact me by 20th April, 2009 On 21st April, 2009 I received the following letter dated 1st April, 2009 which read word for word as follows; Barclaycard A/c: xxxx xxxx xxxx xxxx Firstly please accept my apologies for the delay in response and for all the inconvenience this may have caused. I write further to your letter requesting information on your account in respect of section 78 ofthe Consumer Credit Act 1974. As your account is now in a recovery programme/and or sold, further information relating to the current state of your account can be obtained directly from your Recovery Team or Debt Management Agency. The information we must provide to you under the terms of Section 78 is prescribed by the Consumer Credit Act 1974 and by the Consumer Credit [Cancellation Notices and Copies of Documents] REGULATIONS 1983 This completes our obligation to you under section 78 of the Consumer Credit Act 1974 Yours sincerely L----e C-----r Court Orders and Disclosures Legal and Regulatory Compliance. What are they talking about! After months of fobbing me off and me thinking they were looking into getting my original agreement they are basically stating that even though they have not sent a single item that represents an agreement and only 6 years of statements that is it! It seems to me that they have just played for time until they have sold the account on and can walk away without question leaving me back at square one. Today I have received a letter from APEX which includes A second letter from Barclaycard which basically states that they have now bought the debt but wait for it not from Barclays but MBNA (which I am sure is a typing error) AND I MUST telephone them to make an arragement to pay them - I have absolutely no intention of contacting them via telephone. The account number has changed and the enclosed letter from BARCLAYS basically states that this is my notification from them that they have assigned all the rights to APEX. But what rights when they could not produce valid documents in the first instance. I am really stumped as to what to do next. Do I write to APEX asking for my agreement or do I write to Barclays... I would really appreciate any help with this.

Thankyou Slick123 for the advice, that has saved me money straight away only 1 x 10.00 postal order I also agree when I get the results back It is best to treat each of the accounts individually. I will keep you posted

Hello, I am currently in the process of requesting a SAR from Barclays as previously they have failed to comply with my requests for a CCA in only sending bits of information. I currently have a Barclaycard , Goldfish card (which is now part of Barclays) and a Barclaycard Master loan all of these are currently on a reduced repayment plan . In addition possibly dating back 10 years I have had several loans during this time ranging from 3 to 5 year terms each time which are all fully paid up some with PPI and some with not. Only after researching the 100’s of threads did I realise that I have been possibly mis sold the insurance as I was self employed at the time in addition to all the late charges etc. The main question is I note from a couple of template letters that when writing to them it states all accounts held. So do I list all the current credit card accounts and the current outstanding loan along with previous loan numbers I have and do I send £10.00 per account or does the fee cover all the accounts held at Barclays and finally where do I send the SAR too as I have various addresses. Thankyou

Thankyou ALL for your continued efforts.... does this mean that if s127 did not come into play until 1985 then the response from Barclaycard is correct or not:confused:

Thank you all for the above posts it has given me real inspiration and put a spring in my step especially 'creditcardmug' I will be posting out the reply via recorded delivery on Monday and will be back with any reply I receive back. Thankyou:D

Hello, requested a CCA from Barclaycard on 1st October, 2008 along with my other cards after trawling though the various information on this wonderful site and below is the letter I have received from them today. This card was the very first credit card I ever had years and years ago… I would appreciate any advice on the content they have sent back because it stumped me. I am not using the CCA route as a ‘get out of jail card’ to not pay my creditors I was using it to try and make token or reduced repayments as I am now in my retirement but still working part time in my sons business. I was unsure whether to do a SAR on them or would it be worth it if the card was taken out so far ago. I have absolutely no idea how to use a computer scanner so I have typed it out word for word as it appears on the letter they have sent me. Date 18th November, 2008 Dear xxxxxxxxxxx Reference: SECTION 78 of the Consumer Credit Act 1974 Barclaycard Account Number: xxxx xxxx xxxx xxxx Firstly please accept my apologies for the delay in response and for the inconvenience this may have caused I write further to your letter and the enclosed £1.00 fee requesting a copy of your executed agreement for the above account. The information we must provide to you under the terms of Section 78 is prescribed by the Consumer Credit Act 1974 and by the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. Under Section 78, we must supply you with a copy of your executed agreement and a statement of account if available. However, Regulation 9 of the 1983 Regulations mentioned above states for accounts opened before 19th May 1985 such as yours, allows us only to send a copy of your current executed credit agreement - The current credit limit on your account is £xxxxxx - The current balance on your account today is £xxxxxx - Your next minimum payment of £xxxxxx is due on xx xx xxxx - Please note, your current exceuted agreement has been sent under separate cover You will be receiving your next statement shortly which will provide you with the full details of your account This completes our obligation to you under Section 78 of the Consumer Credit Act 1974 Yours sincerely S****a S******s Court Orders and Disclosures Legal and Regulatory Compliance

Thankyou martin3030:)

Hello Everyone, I am a 68 year old newbie with a number of credit card debts so all advice needed I have researched this site for several weeks for reference and been able to get some great letters and information together. Currently I have gone down the CCA route and on Friday the 12 + 2 + 30 days will be up for all of my 12 creditors only 3 have replied and only 1 of them is a correctly executed CCA. Whilst I appreciate and fully understand that without a correctly executed CCA the debt only remains unenforceable until such time if ever they are able to produce one what I would like to do is go down the route of offering a token monthly payment along pointing out to them that they are in breach of all the necessary rules. Can anyone advise on the type of letter and its content to send to them. I have run through the various template letters but not actually seen a template letter for token payment and breach of rules. Also am I still able to report the various companies even though I would be offering token payments. Thankyou