Barclaycard and the DCAs

[Goldlady]

Apparently I need to put the kettle on for Hillesden next week. There is a postcard which OH has lost saying they are coming to chat with me - must want to talk about the CCA 1974 and the fact that Barclaycard have sent me an application form like diskmandave's. Suppose I should buy a packet of Hobnobs too:D

[Hopeful1]

You may as well give them their Christmas card and bonus too Goldlady, just in case they don't have chance to pop round again

[reduk054]

Hi DM, Welcome to my lovely BC thread, and it is all thanks to you that I started to deal with BC direct instead of their pet trolls (DCAs) after reading about your nightmare!

I have not received a statement from BC for ages! So I have no idea what my on-going charges are. Hope that my complaint to the FOS will kick start BC into providing me with a little more info! In the meantime, will "carry on regardless" (Beautiful South!) with my monthly repayments. What I can afford, and when I can afford it! No more (and no less!).

You should send Mercers a copy of your bistro menu for when they pop round, e.g. cup of tea £100 plus interest, milk at £25 extra, sugar at £15 per teaspoon. That should help reduce your BC amount! LOL

Goldlady, same advice for you and Hillesden, bistro chez Goldlady! (not sure what going DCA rate for Hobnobs are, depends upon chocolate coated or not, about £150 a packet should cover it! )

Red x

[Goldlady]

Haha, love it.

 

OH has found the postcard - it has lots of pink swirly things on the picture side and it is from the dreaded Derek Davies. I need to call him to arrange for their 'representative' to visit - they must have stopped calling them field agents:p. I thought field agent was much better - visions of worzel gummidge.

[reduk054]

Goldlady, you are not going to really entertain Hillesden, Derek Davies or not are you?! Even though they have sent you a lovely pink swirly decorated calling card? I know that it is enticing....

LOL your field agent remark!

Red

[Goldlady]

Well maybe I should say that only the formidable Derek Davies in person may visit (if he really exists) and we could have an extraordinary general meeting of CAG to coincide with it. I suppose that will mean I will need more than one pack of Hobnobs (with chocolate) and probably a few bottles of Vimto for you know who. Also would need to do some housework:eek:

[ODC]

Haha, love it.

 

OH has found the postcard - it has lots of pink swirly things on the picture side and it is from the dreaded Derek Davies. I need to call him to arrange for their 'representative' to visit - they must have stopped calling them field agents:p. I thought field agent was much better - visions of worzel gummidge.

Its just as easy to tell a representative to ''Go forth and multiply as it is to tell a Licencesed Field Agent'

[reduk054]

Next chapter!

Sat am receive 2 separate letters from 1st Credit. One is a final response letter!? My letter regarding telephone calls they feel is unjustified! 1st crud do not feel that they have harrassed me by phone, but they have removed my telephone number in the meantime (unless i stop contacting them in which case they feel that they have the right to telephone me again!)

They then waffle on about something to do with the history of my card (irrelevant details!), which i have not queried, and they say that BC has asked them to contact me to gain further info so that 1st credit can tell BC.

How about, they keep their noses out of my complaint to BC!

[reduk054]

2nd letter was a copy of their compliants procedure, which I did not request. i have only asked them not to contact me by phone, and that BC has not complied with the CCA request!

So dont think that i need to respond really. BC has, via RMA, non-complied with CCA request, so 1st crud need to turn around, from whence they came!

shall i write another letter, or leave it at this?

Help appreciated!

Red

[Hopeful1]

Hi ya Red It is worth seeing if CB has a follow up plan to the letter he posted up for you at the beginning. If not, i would be inclined to enclose another copy of it, with a letter informing them that the matter is now in the hands of FOS, all correspondence is being sent to them and put the FOS ref. no. on your letter.

 

I've done something similiar with one of my catalogue DCAs and i haven't heard anything for a while. (not that i'm assuming they've given up!)

 

Don't forget to add the P.S -bug off

[Curlyben]

Hey Red throw this at them.

 

Dear Sir/Madam

 

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

May I draw you attention to my letter of XX/xx/xx in which I clearly out lined my position concerning this matter. I enclose a copy for your perusal and ease of reference.

 

**CREDITOR** has failed in my lawful request under the Consumer Credit Act 1974 section 78(1) and subsequent Statutory Instruments.

I formally advise you that since **CREDITOR** has failed to comply with the terms of the Consumer Credit Act that as from **DATE** they are in legal default on this alleged agreement. This default means that the alleged agreement from this date is totally unenforceable. **CREDITOR** may not apply any charges, cannot issue defaults, cannot sell or assign the alleged debt or cannot invoke any clause within the alleged agreement.

 

Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law.

 

As **CREDITOR** have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

The mere fact that they have passed this account to you while it is in dispute and default is also in breach of the Data Protection Act 1998.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully,

[Hopeful1]

I so knew you'd have a back up plan CB

[Curlyben]

Who needs back ups

[Hopeful1]

Who needs back ups

 

I need something, but haven't quite worked out what yet!!

[Goldlady]

Thanks CB I have been looking everywhere for a letter of that nature:D I have a few to send.

[reduk054]

OH THANK YOU (sorry did not mean to shout!), hopeful1 to the rescue, with CB close at hand. I will send 1st crud the letter, and i appreciate that you are all looking out for me, as feeling once again that things are getting on top of me, but hey with the CAg, help is close at hand!

Thanks all, will let you know when posted!

I really am so grateful!

Red

[reduk054]

Received my first letter from BC in over a year. Funny what companies do when the FOS get involved. Mind you the letter is a boringly standard, yawn drivel, "we are sorry to hear that you are not happy with the service", snore etc....

I don't think that I need buy any stamps tomorrow as can't see that I will be replying!

Red

[Hopeful1]

Hi ya Red. I feel that Barclays are slowly showing teeny weeny signs of backing down. I definitely think it is worth bugging the life out of them. I think we're both using the same strategy of paying them regardless, which must really aggravate them, 'cause they can't make us look bad

 

Feeling hopeful and excited about FOS response and Barclays reaction.

 

Fingers crossed for us both

 

I wonder if the FOS would deal with a complaint about Steve Maclaren being England manager??!!

[reduk054]

Hi ya Red. I feel that Barclays are slowly showing teeny weeny signs of backing down. I definitely think it is worth bugging the life out of them. I think we're both using the same strategy of paying them regardless, which must really aggravate them, 'cause they can't make us look bad Hi Hopeful1, its great isnt it, even if its a token payment to BC, then it still shows willing, and so so so annoying.

 

Feeling hopeful and excited about FOS response and Barclays reaction. That is a better response than the first time you opened a DCA letter!!!

 

Fingers crossed for us both And toes! Not eyes though!

 

I wonder if the FOS would deal with a complaint about Steve Maclaren being England manager??!!

I dont think that he will be by tomorrow! Are you multi tasking as well?! I am on CAG and BBC which is a great combo!

[Hopeful1]

Definitely multi tasking - CAGging, thinking about report i should be writing :o , watching footie and partaking in an alcoholic beverage

[Hopeful1]

Oh and a few lustful thoughts about David Beckham

[reduk054]

Sounds like a good evening, apart from the report bit! It is the thought that counts though......oops, now Russia have scored!

I still have not sent CB's letter, must get that organised as well, just to pee 1st Credit off.

Are you drinking a Vimto-voddy!?

[Hopeful1]

Tonight i am enjoying a couple of bottles of lager. I think i need them to get through this game!

 

I have added to my tasks and am now printing off some of the info i need to add to my report, so it's a start and is relieving my guilt about not doing the real task.

 

Yes! You must get that letter off. Don't let them relax I also need to take my own advice and contact Weightman's who are being very naughty.

[reduk054]

To get through the game hopeful1, i think that you need to offer some of your lager to the England lads in the dressing room seeing as its half time, as don't think that they are going to get through it themselves!

Thought that Weightmans did not reply to your CCA request?

[Hopeful1]

I would be more than happy to spend some time in the dressing room, but i'm not sure how beneficial that would me to them

 

Weightman's didn't send CCA BUT have sent a consent form for a charging order Just realised i haven't updated my thread.

 

Ahh penalty!