Tonka 99 v BARCLAY CARD **WON**

[Tonka99]

Hello all

Update for this one

 

Had another letter today from NCO

"Dear Tonka

As you have failed to fully resolve this account we are left

with no alternative but to pass your file and the full history

of this account to the office of S.C.Letham-Locke LLB

They will be instructed to perpare a full overveiw of your account,

taking into consideration conduct to date and recommend their next

course of action to our client. This may be commencement of legal

action or that they recommend employing the assistance of their field

force. This will be initated without further notice to yourself.

Should you wish to avoid this action please contact MR R and register

your intention to resolve the matter on a voluntary basis.

We may still be able to help"

 

On this letter it says Client Barclays so they have not sold it on

 

 

I would like a mother of all letters to stop all this any takers

 

 

Also had three calls from NCO and four calls from RMA each day for

the last fortnight .

 

Thanks for looking in again

 

Tonks:)

[slick132]

Hi Tonks,

 

I suggest you wait for a letter from Letham-Locke and then send this.

 

Dear Sir/Madam,

 

I refer to your recent letter and to those received from various other companies relating to an alleged debt with Barclaycard. In addition, I have received a daily barrage of telephone calls from these companies.

You should be aware that the supposed Credit Agreement provided by Barclaycard does not comply with the CCA Regulations and is unenforceable. Furthermore, I have written to Barclaycard to reclaim unlawful penalty charges made to the account, which is therefore now In Dispute.

As holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt, which was disputed with Barclaycard prior to your first contact with me, and has yet to be resolved.

Since this is considered an unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint resolution procedure.

I also require you to confirm that you will now comply with the OFT guidelines, and will not attempt any further collection activity whilst the dispute is unresolved.

 

Should you fail to provide me with the required undertaking within 7 days, I shall report your breach of the OFT guidelines to Trading Standards and complain to the Financial Ombudsman Service.

 

Take notice that I will not discuss this matter on the telephone, and all further communication must be in writing. Any further telephone calls will be perceived as harassment, and dealt with accordingly.

 

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 look forward to hearing from you in writing.

 

Yours faithfully

 

I've adapted it from a CurlyBen draft but please check it and amend if nec'y to reflect your case.

[Tonka99]

Thanks again Slick what would i do without you:)

[Tonka99]

Hello all

 

Postman has been again brought me an identical letter

from RMA as in post 112:roll:

 

Bring it on again and again

 

Thanks for looking in

 

Tonks

[slick132]

Hey Tonks,

 

They'll get the idea..............................one day.

[tosh1]

subscribing as i think i am about to begin my fight with barclaycard

[Bookworm]

Thanks again Slick what would i do without you:)

Curl up in an unconsolable ball and cry?

[Tonka99]

Hello all

 

Guess what have had a reply from B/C

 

"I am sorry you feel the charges you have incurred are unfair.

We believe that our charges are both fair and tranparent, and

we make them clear in our terms and conditions,and on the reverse

of every monthly statement .

In your correspondence you have outlined a legal argument which

you say supports your view. As I am sure you will appreciate B/C

is aware of all the information you have drawn to our attention.

I must inform you however, that we disagree with your legal analysis.

 

Putting the above to one side, as a gesture of goodwill and without

any admission of liability, I am prepared to credit your account with

the differance between the charges that you have incurred and the

current £12.00 fee. this would amount to £72.00, plus 8% interest.

 

The agency responsible for your account has been notified and your

account balance will be amended accordingly."

 

It goes on about the FOS ect

 

This letter is dated the 10th Oct I got it today the 23rd

 

Well Im not going to except that amount will find the letter thanks

but no thanks .

 

What do i do about the part in this letter (We disagree with your legal

analysis)

 

 

Am now going to start the PPI claim

 

BOOKWORM thanks for looking in

 

Must say if I can do this anyone can many thanks for the support

from you all :)

 

Will kep you posted

 

cheers Tonks

[slick132]

Hey Tonks,

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html - select the right one from here and add:-

 

"I require a full refund of all unlawful penalty charges made by you to my a/c."

 

You don't neeed to reply about the legal analysis. If they thought they had a case, they'd not refund one penny.

[Tonka99]

Hello all

 

Update

 

Had the letter from S.C. Leatham-Lock LL.B as promised

by NCO.

The address for them is the same as NCo RMA ect .

Rma have called three times today will now send the letter

as advised by Slick

Also doing the reject letter for the charges .

Been really busy here,and it was my twins 21st birthday

on Sat so need to catch up with my Cag work;)

 

Thanks for looking in

 

Tonks:)

[slick132]

Hey Tonks and belated congrats to the twins on their 21st B/days.

[uptoneck]

Subscribing as I'm sure this will help with my disputes with B/C

[Tonka99]

Hello all

Another Update

 

Had letter again today from S.C. Leatham- Locke LL.B

"

We refer to the above matter which concerns your

outstanding account with Barclays .

Despite repeated requests for settlement, you have failed

to address the matter to our clients satisfaction.

We hereby inform you that we have today reviewed a detailed

history of your account and it is our intention to recommend to

our clients that they prepare the necessary papers for the issue

of legal proceedings.

Unless we receive full payment of the outstanding balance within

72 hours, we will have no alternative but to proceed with this

recommendation.

To discuss this matter call Mr xx on >>>> before the 72 hour period

has elapsed.

Please qoute your referance no with payment"

 

 

What next

 

Will keep u posted

 

Thanks for looking in

 

Tonks:)

[slick132]

Hi Tonks,

 

Personally, this looks like the best thing really. Their Credit Agree't should NOT stand up to legal scrutiny if they make a court claim and they should lose.

 

This will therefore put an end to the barrage of letters, calls, etc that you've been getting. It will mean and end to the Impasse and a decision will be made.

 

I'd write back to S C Leaking-Lock and say, "I will not be paying as suggested and look forward to receiving details of your court claim so this matter can be finally resolved."

 

In reality though, you don't need to write at all - just wait for the claim to come through.

[Bookworm]

Actually, this is what I call a "candyfloss" letter, all fluff and no substance.

 

Look at the choice of words: "We hereby inform you that we have today reviewed a detailed history of your account and it is our intention to recommend to our clients that they prepare the necessary papers for the issue of legal proceedings." = "we have looked at your account and we're going to tell them they should sue you". Oooh, are you scared yet?

"Unless we receive full payment of the outstanding balance within 72 hours, we will have no alternative but to proceed with this recommendation." = "so, if you don't pay up, that's what we're going to tell them". Ooooh, my poor heart.

 

I wouldn't even waste a stamp on that one myself.

[Tonka99]

Hello all

 

Thanks Bookworm &Slick :)

 

Have received two letters this morning one from RMA which is

the third identical letter from them in as many weeks:cool:

 

The other from NCO : without prejudce

 

We have reveiwed your account and we would like to assist you

in repaying your outstanding balance.

This means that we can help you, on a concessionary basis, by

accepting two equal instalment payments as a FINAL SETTLEMENT

of nothing in this bit at all )

The Balance Owing .

 

If you would like to discuss this offer please contact Mr XX Immediately.

 

Once both payments have been received, Barclays Bank will update your

account to confirm that the debt has been repaid; thiswill mean that

Barclays Bank will not require you to make any further payments to this

account. As the amount would be less than the full outstanding balance

your credit file will be updated to show your balance as satisfied with a

special flag of partial settlement.

 

 

 

PLEASE enclose the tear off slip below to ensure payment is credited to

your account.

 

then there is two payment slips 1st payment 2nd payment .

 

 

PITY THEY DIDNT TELL ME WHAT THE FINAL SETTELMENT IS:-?

 

 

Oh well lets wait for the next installment

 

 

Thanks for looking in

 

Tonks:)

[slick132]

Hi Tonks.

 

Just guessing here, but is this one of their cunning ploys.

 

You just HAVE to ring them to find out what the instalments are.

 

On the other hand, who cares !!

 

Hope your w/e is better than our weather.

[bazaar]

Hi, It could also mean they are trying to pull a fast one, so they can say they tried to settle this out of court. They've also said they will assist you in paying, so let them pay, coz they dont have a valid response to your legal request for CCA.:grin:

[Tonka99]

Hello all

 

Just to say that B/C have paid every penny I asked for

with interest :):):)

UNFORTUNATLY for me wont see any of it, however its

brought the debt down and now for the PPI

 

I would like to say a very big thank you to Slick

and all the other CAGGERS who have helped me to get

back what was mine .

 

Thanks for looking in the saga will continue with the DCAs

and the CCA .

 

Cheers

Tonks:)

[uptoneck]

Well done! Who says you can't get blood from a stone :grin:.

[slick132]

Hiya Tonks,

 

Well done, you. In the end, that was quite quick from when you sent in the SOC to pay't.

I wonder if they'll still keep on pestering re the balance. If they do, I think you should start a new thread to d/w the CCA and enforceability element of this a/c.

 

Title changed to **WON**

Edited November 5, 2008 by slick132
typo

[Bookworm]

[Tonka99]

Hello all

 

Thanks for the congrats

Will be sending Donation tomorrow

 

Cheers

Tonks:)

[slick132]

Thanks Tonks - that'll be much appreciated.