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Barclaycard and the DCAs


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Hi Red,

 

It's good to see you're getting support from the Regulators - all too often, they seem to be unable or unwilling to keep these DCA's in check.

 

:)

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where you bin?

Bo has lost her bin :eek:

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Here we go again!

1st C's "solicitors" are applying the scare tactics of court action but they still can't provide me with CCA. They like my application form though, think I have been sent it three times now. :D

Trading Standards have been very very helpful, and have advised that all phone calls that I have made regarding this complaint (about 18 months worth) can be used as evidence in court, OFT have also been very good, I have someone assigned to this complaint, along with a direct line tel no! And FOS are also very good, and patient bearing in mind that I just keep adding to my complaint!

Lots of paperwork to do, but I am sure that it will be worth it - on a satisfaction level rather than financial!

Red

 

It's not just what you know, but....;)

 

Good stuff Red. How you doing? :)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Hello all you lovely Cag-ers! Thank you, as always for the lovely messages of support! PMs may follow - you have been warned!! LOL

 

Need some help if poss! Solicitor's last letter is ******* me off. Although I have been complaining to FOS, TS and oft, i fear that this still may get to the stage (knowing 1st credit) where they take me to court. Solicitors insist that they have sent me a copy of my agreement (application form in reality), and that this does not constitute a dispute. They want me to send copies of my BC dispute (cos they don't seem to believe that i have one) correspondence to them. more to follow - pc problems!

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Solicitors have also requested that I pay them the outstanding debt by middle of this month, and stupidly appear to have added 8% that they threatened would added should this go to court (a biiiiigggg ooooppppps on their part!). They have refused my request for a copy of their complaints procedure, on the basis that "..the remainder of my letter does not merit a reply" due to them sending the paperwork i requested, ummm - NOT!.

 

oh give me a break! no cca=no pay, blah blah. which i have already told them twice, and i am loathed to send them my complaint/dispute info that BC have failed to deal with, other than a final response that it is no longer their debt.

agghhhh, all this red tape!

any good advice please!

thanks

Red

Edited by reduk054
pc probs
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Hi Red,

 

Tell the sol'rs the a/c IS in dispute and they can contact BC themselves for any info they require.

 

Tell them you will not be paying any amount to them, especially any amount which incorrectly includes s.69 Interest. Their continuing letters are being referred to TS and the FOS.

 

Tell them you will no longer deal with their tiresome letters and, if they want to take the matter to court on the basis of an application form, then that is their prerogative. You will defend any such claim, and will win. :)

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Thanks Slick, much appreciated,

I am going to try and finalise paperwork this week end! If I get the opportunity, I may post up my response, taking into account your points from the last post. If I run out of time, then I will update the thread once the letter has been sent.

Red

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Hi again people, please could someone with a good eye for detail, and knowledge of the law take a quick look over the letter below, which I have drafted ready to send to the solicitors? Any comments / amendments welcome!

 

My replies to your points are as follows: Failure, by a creditor/owner to supply a true copy of a Consumer Credit Agreement, under sections 77-79 of the Consumer Credit Act 1974, means that they may not enforce the agreement. Therefore, I dispute that 1st Credit, your client, are entitled to pursue me for any monies alleged to be owed, on this basis.

 

Your client, 1st Credit, in their letter dated ****; state that they are aware that a debt is unenforceable whilst there is a dispute (copy enclosed for your reference). There is an outstanding dispute between Barclaycard and myself. I dispute the amount that they allege that I owe. I am unable to provide you with full copies of this dispute, as it is currently under investigation by the Financial Ombudsman Service. I am certain that Barclaycard will be able to assist you with relevant copies of this dispute.

 

The paperwork that you have sent me is a copy of my application form, and not a true copy of my agreement. The Consumer Credit Act 1974 lays down rules about how consumer credit agreements must be documented. The copy of the application form fails to meet these requirements on a number of points, including

1) key financial information (including the amount of credit or the credit limit, the duration of the agreement, the APR, the total amount payable, and the amounts and timing of repayments)

2) other financial information (including a description and cash price of goods or services, any advance payments, the total charge for credit, the rate of interest, how and when interest charges are calculated and applied, the order of allocation of payments, and variable rates and charges)

3) Key Information (including default or other charges, any security provided by the borrower, and prescribed statements of the protection and remedies available to the borrower)

 

The statements which you have provided are worded in such a way that as a layman, I am unable to decipher the codes and what the amounts of charges are pertaining to. I have not requested a copy of the ****date*** statements and am pondering their relevance to my dispute against this alleged amount.

 

You have requested that the total amount of ***** is paid by ** November 2008. I would ask you to justify this amount. Your letter dated *** advised me that your client would accept an amount of £**** by the ***** 2008. Please could you explain why the amount has risen over a period of just under a week by £****?

 

If you are referring to the interest that your client would claim at a rate of 8% per annum, may I remind you that under section 69 of the County Courts Act 1984, the interest may only be claimed by the claimant from the date of judgement. There has been no judgement to date. However if these charges relate to another matter, please could you put in writing as to what these charges are for.

 

In the light of the fact that the copy documents which you have sent me are not a true copy of my agreement under the Consumer Credit Act 1974, as formally requested, along with the correct fee paid, that it is your prerogative should you wish to pursue this disputed debt through the court. I will defend any such claim. I would like to request, for a second time, a copy of your complaints procedure.

 

SORRY PEOPLE, UNABLE TO EDIT THIS POST WITH FONT/COLOUR/PARAGRAPHS ETC. I APPRECIATE THAT THIS MAKES IT DIFFICULT TO READ, WILL TRY AND AMEND WHEN POSSIBLE! PLEASE BEAR WITH ME!

Edited by reduk054
hey presto - paragraphs
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Hi Red,

 

I refer to your letter of date and must reply as follows:-

 

Failure, by a creditor/owner to supply a true copy of a Consumer Credit Agreement, under sections 77-79 of the Consumer Credit Act 1974, means that they may not enforce the agreement. It would appear, therefore, that court action in this regard would fail.

 

The paperwork that you have sent me is a copy of my application form, and not a true copy of my agreement.

 

Your client, 1st Credit, are aware of the dispute about the alleged debt and should not be pursuing payment by any means until the dispute is resolved. The Financial Ombudsman Service is aware of this case following a formal complaint which I made to them.

 

The statements which you have provided are worded in such a way that as a layman, I am unable to decipher the codes and what the amounts relate to. I have not requested a copy of the ****date*** statements and wonder why they've been provided.

 

You have requested that the total amount of ***** is paid by ** November 2008. This will not be paid, and your continuing demands are being referred to the FOS.

 

You appear to have added 8% interest to the sum demanded. This cannot be done until a claim is filed at court.

 

Given the failure by Barclaycard and other to supply the documents required by a court to enforce the alleged debt, you should be aware that I will defend vigorously any court action taken against me.

 

Yours faithfully

 

A bit less wordy - what do you think.

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Hi Red. Thank you for your pm it was much appreciated. I haven't managed to reply to everyone yet though!

 

Slick's reply looks good. It's best to keep things simple for these people :p

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Slick, thank you for the less waffle version!

 

And thank you for editing my post, not sure how I managed to get into such a muddle yesterday!

 

My original draft letter was making sure that they knew that I am reasonably clued up. I understand that I have not posted up the solicitor's letter for you all to read, as I do not own a scanner, nor have I ever used photobucket! (aggghhhh technology!). There were certain phrases that I used which were worded in a way which was a direct response to some of their comments/points, so I may adjust slightly.

 

If I keep it simple, (TY Hopeful1, hello to you!), then hopefully my points and stance will not be lost! Great work guys and gals, thank you so much.

 

Red

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Hi Red,

 

Comments noted re sol'rs letter and replying to it. The truth, however, is that they will either take you to court, or not.

 

Photobucket scares me enough, let alone firewall settings !! :eek:

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Hi Slick,

 

Yes you are right, it boils down to 1st Credit pursuing the debt via the courts or not! Obviously I'm hoping for the latter, and taking all reasonable steps to prevent this, or at the very least, being able to present a good case!

 

I am not sure how sucessful 1st Credit have been (sadly I think quite sucessful!), during court cases where an application has been presented, rather than the requested agreement (suppose some of this relates to the judge in question on the day, and their knowledge).

My hope is that my dispute about the outstanding amount will also be one more thing in my favour, plus the fact that BC are still receiving a contributory amount from me each month, so it's not as though I am trying to avoid the debt!

See there I go, waffling again!

Hope I don't get a scanner for Christmas!!!!

Thanks again, letter just fresh off the printer now (the one thing that I am able to use!). LOL

Red :)

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LOL. You can have my scanner for xmas !!

 

Every time I scan something, my puter hides it so I can never find it. When I do, it's in a format that baffles me completely. :eek:

 

Still, for under £40 at Tesco's, it's not a bad buy. It'd just be nice if I could use it effectively. ;)

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