Thanks Slick and Bazaar. Have decided to wait a week or so until I get my 'under seperate cover' stuff from Sharkleys. Will then be nearing pay day so can do SAR then. In the meantime will look through the Scotland threads to see what others have done.

Thanks for the advice.

The letter I sent them a couple of weeks ago stated that I certainly did NOT give agreement to anyone visiting my home. Was sent recorded and has been signed for. Might just send them another to remind them.

Have a camera at the ready just incase. Unfortunately no window boxes but front door leads into kitchen so might just be throwing out the dirty water from mopping the floor at the moment someone arrives.

They rang again a little while ago so I answered, told them to hold on a minute and left the phone sitting in the kitchen for 20 minutes. Won't stop the calls but it gives me some sense of getting back at them in a small way.

Do I just wait to see what happens next? Expecting my cca any day now as Sharkleys said it was being sent under seperate cover but just expecting the usual terms and conditions and application. Was originally a goldfish card taken out about 12 or so years ago so hopefully no original agreement.

Just a quick update.

Sent Mercers a letter after they sent their threat of a door step caller. The calls then started from an 0151 number instead of 0845 but weren't so frequent. Then a letter from Barclays in response to cca request stating my balance, credit limit and arrears and saying my agreement would follow. That was over a week ago and nothing yet except another letter from Mercers saying the same as their first.

Things then went quiet for about a week with no calls from Mercers. Got a call from an 0845 number this morning. Got so excited as I'd been missing their calls so much that I just had to answer. Told the lady on the other end I never give personal details on the phone which frustrated her hugely. I think she thought I was slightly unhinged when I started babbling on about 'big brother' and you never knew who was listening! She didn't know what to say except that someone would call to my house. Was just about to launch into my 'noone can call without my agreement' speach when she hung up.

Where do I go from here? Can't go down CPR route as I'm in Scotland but should I do SAR request? Am quite happy to sit tight for a while while my account gets passed around. Most of the time I forget about it but occassionaly the panic sets in and I think 'what have I started'. I'm on my own with an 8 year old and she thinks the 'double glazing salesman' is very persistant with his phone calls. Would hate for her to be around if someone calls to the door.

Any advice would be appreciated.

Thanks!

Thanks Slick, will get that typed up and posted off today.

Quick update. Still no reply to my cca request but today received a letter from Mercers, a 'Default Notice served under section 87(i) if the Consumer Credit Act 1974. Was going to send them the letter below which has been copied from another post. Is this the right thing to do?

Dear Sir or Madam,

ACCOUNT IN DISPUTE - Account number: XXXX XXXX XXXX XXXX

I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be resolved on **DATE**. This obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines have breached and I consider this account to be in SERIOUS DISPUTE.

As you are aware, while my Consumer Credit Act request remains in default, enforcement action is NOT permitted and, under s127, this constitutes a complete defence at law.

I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

*SEE NEXT POST*

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter and look forward to hearing from you in writing.

Yours faithfully,

Thanks Slick, will do that this week.

Becca

Just a quick update.

Still no response to my cca request of beginning of December but the phone calls continue. I decided to answer one the other day to see if I could have a bit of fun! When I told Sharkleys phone operator that the account was in dispute due to not receiving my cca she didn't know what I was talking about. She put me on hold for a couple of minutes while she spoke to her manager, then said I would need to speak to Equifax!?! You would think an organisation the size of Sharkleys could afford to give their staff proper training in these matters.

Starting to worry a bit about not being able to do cpr thing as I'm in Scotland. Do I have to be living in England or just be able to travel there as its only half an hour away from me. Does anyone know?

Many thanks!

Hi Deepdebt

A win may seem like a long way off and I too feel down about it sometimes, but that's what Sharkleys would love to hear! Sometimes I think 'why have I started all this cca stuff' but then I switch the pc on and come on to this site. It's encouraging to know that others are going through the process aswell and it gives me a bit of a lift to read the threads. It's pretty scary with talk of court cases etc but I think we're going down the right route and it's important to stand firm and not give in! I think I'm trying to convince myself aswell as you! I worked out last night that if I had been able to manage my minimum payments on my barclaycard it would take over 40 years to clear the balance so what have I got to lose! Makes it all seem worthwhile as I'll probably be six feet under by then!

Chin up!!

I too am in the early stages with Sharkleys - awaiting response to cca request so just wanted to say hi and good luck!

What happens if you've filled in a form each year for deferment of payment of the loan. The form asks you to fill in your income details and have these confirmed eg tax credit letters. Does this count as acknowledging the debt?

Sorry, I'm confused here as Simon says we would be "liable for charges and interest unpaid and debited to the account in the intervening period." I thought that while an account was in dispute they couldn't add interest or further charges?

 

DD

Daniella, I was also under the impression that there should be no interest or charges applied to the account (in theory) and that if an enforcable cca were produced payments would begin again from that point and you wouldn't have to backdate them to when you stopped paying. I asked about this in my thread and Rory32 advised me payments wouldn't have to be backdated.

subscribing

Sent Sharkleys the 'in dispute' letter on 8th January after no reply to cca request at beginnng of December. Nothing back from them yet - just the numerous calls which I haven't answered.

Do I just sit tight and wait for them to send my application form? Don't know if they'll even have that as it was originally Goldfish about 12 years ago so might be terms and conditions I receive.

Just didn't know if I should send another letter or just wait.

Got a letter from them about my complaint about phoning daughter's mobile. Just their usual 'looking into your complaint' letter saying they'll contact me by 24th February.

Many thanks!

Hi Slick,

I started a thread in December but don't know if it's in the right place. How do I move it to the Barclaycard bit?

Sorry to hijack your thread Daniella!

Link to Beacca's thread - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/173561-cca-barcays.html

Hi there! Just thought I'd say hello as I too am going through it with Barclaycard. Also sick of the huge interest rates and the debt not going down much so decided to do something about it.

Have a Barclaycard which started as a Goldfish card years ago when they first issued them, I think around 1996 perhaps. Started off with a £500 limit and interest rates that seemed reasonable at the time for a credit card from what I can remember. The limit is now at 14k with extortionate rates of interest and unfortunatly my balance has managed to creep just into double figures. I'm a single parent with no financial help from the ex (he now lives abroad so gets away without contributing) and am now a student again after deciding to try and give my daughter and I a better future by going to uni at the ripe old age of 40! Thought I could just about manage my debts with my part time job but that hasn't happened with prices rising so much for everything.

Anyway, enough of the sob story! Cca'd Barclashark at beginning of Dec and haven't had a reply yet. The calls started just after my payment at end of Dec was due (not paid obviously) and have continued at between 4 - 10 a day. They even started ringing my daughter's mobile which I managed to put a stop to. I sent them a rather angry email saying I was reporting them to the relevent authorities for harrassing a minor and that I had logged times and dates of all the calls and texts. They stopped immediately but the house phone still kept going until today. Haven't had any calls at all today for some reason. Don't suppose they've given up on me that easily.

Am awaiting their terms and conditions and letter stating that's all they have to provide as that seems to be the usual from them at the moment.

Will keep an eye on your thread to see how you're doing with them.

Good luck!

Thanks Rory

This is a huge learning curve but in a perverse way I'm quite enjoying it! Perhaps something to do with living north of the border.....

Thanks for all the info.

Glad to hear payments wouldn't be backdated. I was going to try to put the money aside each month incase this wasn't the case and I got hit with demands for all the payments I've missed but it's impossible to do. Too many other bills hitting the door mat!

In my letter requesting the cca I stated that the £1.00 was to be used for the fee payable under the Consumer Credit Act. However I didn't write on the back of the cheque. I also didn't think about the signature on the cheque and that a postal order would be better. Oh dear.....

Just a quick update. The calls to the mobile have completely stopped - that won't stop me making an official complaint to the relevent bodies. The ones to the house are continuing but don't seem to be quite as often. Only 4 yesterday but I'm sure they'll increase again!

Yesterday when I checked my bank account my £1.00 cheque for the cca request was showing so after almost 2 months they've finally cashed it. Must check my next statement to make sure they haven't put it towards the credit card account.

Quick question to anyone who knows. If they manage somehow to produce an enforcable cca at some point down the line, would I have to pay all the payments I've missed while the account is 'in dispute' or would payments just start from when they produce the document?

Many thanks.

Thanks for all the advice. I paid for the credit on the phone with my debit card so perhaps that how they got the number.

Emailed a complaint last night stating I would report this to the relevant authorities and funnily enough haven't had any calls yet today on either the mobile or my house phone. Have usually had at least 2 by now. Wonder how long that will last.

Haven't made any PPI payments or done a SAR. Was sitting tight until I got a reply to my cca request. Am expecting a copy of my Goldfish application or the like and then a letter stating they don't have to supply copy of original. Seems to be their latest tactic!! I think I'll wait for that then do a SAR.

Many thanks for all your help. Nice to know I'm not alone!

Help needed!

My 8 year old has a pay as you go mobile phone which her uncle gave her just to take pictures on etc. It's only ever had credit put on once, at the end of last year. Don't know how, but Barclayshark have managed to get the number for this and have started ringing it! How do I stop this! It just rang a few minutes ago and I answered and told them this wasn't the phone of the person they were trying to reach so please stop calling it.

The calls to the house are increasing but I can cope with that as I just ignore them, but calling an 8 year old's phone is out of order. Any ideas on what I should do about this would be great.

Thanks

Hi there.

I'm no expert as I've just begun the process with Barclaycard myself in early December, but so far I've learnt the following:

*Send the cca request recorded delivery with £1 - don't sign it

*After 12 + 2 working days (the 2 is to allow for postage I think) they are in default so are not supposed to add charges, ask for payment until they can produce the document you have requested.

*You can then either send them a letter to tell them the account is in dispute or just sit back and wait.

From what I have read on other Barclaycard threads they ignore your letters for a while and the phone calls start. I'm receiving them to my house and mobile phone at the moment, 5 or 6 times a day. Ignore the calls. Do not answer them.

Barclayshark are also trying to get round things by sending out incomplete terms for accounts with a letter stating that they do not have to send the original with signatures on according to the cca 1974. If you recieve this then request, in writing, that they send you a copy of the signed agreement in accordance with the Civil Procedure Rules (Preaction protocols and Part 31.16) for which an unsigned copy will not surfice. Only a copy of the original contract in its unaltered form will suffice in these circumstances.

This is as far as my understanding goes at the moment but there are bound to be loads of threads which can give you further information.

I hope what I have told you is right and I hope other, more seasoned CAGers will correct my if I'm wrong.

Same here. I have a Barclaycard which started off many years ago as Goldfish with a limit of £500. I have never asked for the limit to be increased but it is now at £14k ( the limit, not the balance!). I am a single parent + student. Before having my daughter I worked but never had a salary that warranted a £14k limit! Responsible lending...................

Cca'd Barclayshark early Dec. Nothing received except 4 or 5 calls a day which I ignore!

Thanks Gaz

Have been keeping an eye on your thread as I've just started with Barclayard. cca'd early December and phone calls started this week, most of which have been ignored. Interesting to keep an eye on your thread so I can know what to expect.

Good luck

Becca

Hi there. Just out of interest, is the situation regarding doorstep callers the same in Scotland? Just thinking about when I get further down the line with Barclaycard.

Thanks;)

Well, the calls have started! 3 to my landline, 2 of which I did't answer, a text to my mobile and a call to my moblile. Don't know how they got the number as it's pay as you go and I only give the number to family and friends. I didn't realise it was them and answered it. Once I knew who it was I started asking Mr Barcays how the weather was, had he had a nice Christmas etc. He started getting quite annoyed and said he wanted to talk about my account so I said can't possibly do that, it's in dispute and I only deal with finances by letter. He told me I was entitled to my opinion but the calls would continue so I said I would look forward to our daily chats and I did so hope his job was safe! I think he thought I was a bit mad and he hung up. Am keeping a note of the calls. Will look forward to the next one....