Help with Barclays and Barclaycard.

[mattyb13]

Hi all,

 

I think I have posted this in the correct place. Here is a basic outline to the story/problem.

 

My mother is 65 and her only income is state pension. She currently has debts with Barclaycard, Mastercard and Barclays loan. She has had a Barclaycard for years and years the Mastercard she has had for about 10 years the loan for roughly the same.

 

In October 2000 she ran into major differculties, and turned consumer credit councilling service. They wrote to Barclays and asked if she could pay £2 per month per account until her situation improved.

 

She now pays a total of £50 per month on the accounts. Barclaycard and Mastercard she pays £17.50 p/m on each and £15 on the loan. The credit cards pretty much leave her alone just occasionally writing to her asking for more, she rings them and pays more if she can but they are quite understanding.

The loan account is a different story. They ring and badger her for more every 6 months. I know it doesnt sound that often but every 6 months she gets stressed because of the threats they make. They have told her that she owes the money and should pay more and if she doesnt they will start adding interest on the account starting at 1% rising to 8% if she doesnt start making higher payments. Also they have threatned baliffs. Even though I tell her they cant just send them around she still worries. Ive told her next time they ring to get the full name of the caller and any threats they make to put them in writing.

 

Is there anything I can do to help her. Ive read about obtaining CCA's for the credit agreements and that sort of thing. Ive had a good look around but I'm not very clued up on this side of things. Ive had succesful claims on bank charges and credit cards and I am very close to getting a settlement on a missold ppi but CCA's and that sort of thing I dont know too much about.

 

Any help advice will be very much appreciated by myself and my mum.

 

Many thanks,

 

 

matt.

[mrmarmite]

CCA the lot of them send this to all and sundry by recorded delivery with a £1 postal order PRINT your/her name do NOT sign it.

 

Dear Sir/Madam

 

A/C Number:

 

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

 

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

We understand a copy of our credit agreement should be supplied within 12 working days.

 

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

We look forward to hearing from you.

 

Yours faithfully

[mrmarmite]

lol done it again, without the FONT bits

[mrmarmite]

do a budget sheet whilst you at it, you can work out exactly then what can be paid,

 

are you aware of how the CCA works? i.e if no show after 12 WORKING days you simply stop paying.

 

and no an application form is NOT an agreement

[dpick]

Hi all,

 

I think I have posted this in the correct place. Here is a basic outline to the story/problem.

 

My mother is 65 and her only income is state pension. She currently has debts with Barclaycard, Mastercard and Barclays loan. She has had a Barclaycard for years and years the Mastercard she has had for about 10 years the loan for roughly the same.

 

In October 2000 she ran into major differculties, and turned consumer credit councilling service. They wrote to Barclays and asked if she could pay £2 per month per account until her situation improved.

 

She now pays a total of £50 per month on the accounts. Barclaycard and Mastercard she pays £17.50 p/m on each and £15 on the loan. The credit cards pretty much leave her alone just occasionally writing to her asking for more, she rings them and pays more if she can but they are quite understanding.

The loan account is a different story. They ring and badger her for more every 6 months. I know it doesnt sound that often but every 6 months she gets stressed because of the threats they make. They have told her that she owes the money and should pay more and if she doesnt they will start adding interest on the account starting at 1% rising to 8% if she doesnt start making higher payments. Also they have threatned baliffs. Even though I tell her they cant just send them around she still worries. Ive told her next time they ring to get the full name of the caller and any threats they make to put them in writing.

 

I would have your mothers phone number changed (x directory number withheld etc) this will stop them ringing.

 

Is there anything I can do to help her. Ive read about obtaining CCA's for the credit agreements and that sort of thing. Ive had a good look around but I'm not very clued up on this side of things. Ive had succesful claims on bank charges and credit cards and I am very close to getting a settlement on a missold ppi but CCA's and that sort of thing I dont know too much about.

 

Right CCA request (template in library) this is a legal request for a true copy of the original credit agreement and any related documents from the date of inception of the account, statement of account etc The fee is £1.

The Creditor has 12+2 working days to comply with the request if they do not comply then they are in default and are not allowed to enforce the agreement. After a further calender month they have then committed an offence. My reading of the CCA 1974 is that if they then send you the agreement they can enforce the agreement again.

The result could be.

1, they send your agreement and it is enforceable.

2, they do not comply at all the account is unenforceable but to enforce they just need to send agreement.

3, they send an agreement that is only enforceable by a court

4, they send an agreement that is unenforceable even by the court

If they do respond then clear personal details and post the document for the experts to check the agreement.

 

Any help advice will be very much appreciated by myself and my mum.

 

Many thanks,

 

 

matt.

 

all the best dpick:)

[mattyb13]

Thanks for the quick and informitive replies.

 

 

do a budget sheet whilst you at it, you can work out exactly then what can be paid,

 

are you aware of how the CCA works? i.e if no show after 12 WORKING days you simply stop paying.

 

and no an application form is NOT an agreement

 

 

I'm not 100% how the CCA works, no. I am trying to read up on this and Im beginning to get rough idea.

 

she is not paying interest on these debts and they havent been sent to any colloection agencies. She is worried that if she starts doing this they will pile on the interest/charges if she stops paying, default her(although from what ive read they cant do this if no CCA?) and send her accounts to collection agencies.

 

Once again thanks for the swift replies.

[mrmarmite]

Thanks for the quick and informitive replies.

 

 

 

 

 

I'm not 100% how the CCA works, no. I am trying to read up on this and Im beginning to get rough idea.

 

she is not paying interest on these debts and they havent been sent to any colloection agencies. She is worried that if she starts doing this they will pile on the interest/charges if she stops paying, default her(although from what ive read they cant do this if no CCA?)

 

Correct, if a bank they will be in breach of the banking code 13.6

and send her accounts to collection agencies.

 

Without a CCA they have no legal right to pass/sell debt onto a third party. doing so without your consent in a breach of the Data Protection Act 1998

 

Once again thanks for the swift replies.

 

 

But hey ho it won't stop them, complaints need to be made on non-compliance,

don't get me wrong BUT once you start CCA route off it can be fairly heavy so you need to help your mum out, BUT I do promise that it get easier and easier, you will start to gain knowledge from CAG and you will learn what these muppets (DCA's) can and cannot do,

 

unfortunatly it takes time but in the long run it will work out, i was one of those people that heard the phone ring and bolted behind the sofa just like even more experienced caggers than me.

 

you will find ya feet, know what you talking about, and before you knot it YOU will be bugging the DCA's

 

Just like me

[mrmarmite]

banks seem to go by their own laws not governed laws, i've said in another thread i'm getting a bit miffed now being dictated to by a bank, for example i got 2 court case going at the mo, one for harassement (by telephone) 2nd for non disclosure under the Data Protection Act.

 

I'm only 1 person but it become a mission for me to make the idiots abide by the law and not make their own upo as they see fit