Debt Collectors Refuse Payment

[Abearofaman]

I have had a debt collector after me for an old loan from Barclays. After I explained that if I could afford the full payment I would have made it already, I offered them a monthly amount.

 

They refused this and said I'd be taken to court for the amount, this can't be right can it?

[rory32]

Well first of all they can't lawfully refuse installments. Apart from this being in clear breach of the OFT Debt Collection Guideance, the courts would take a very dim view of a DCA taking someone to court after refusing to accept installments.

 

Do you have their refusal in writing?

 

Have you put together a statement of affairs showing how much disposable income you have and made an offer in line with your ability to pay?

 

If you are making an offer in line with your ability to pay then a court would not order that you pay more than this, in some cases they will even reduce the amount if they think you are paying too much.

 

I would also point out that if you make an offer of installments and enclose your first payment with it, if they cash the payment that is deemed as legally accepting your offer.

 

Have you asked for a copy of the credit agreement and are there any penalty charges on the account e.g. late payment fees?

[Abearofaman]

I've not got their refusal in writing, I thought as I was trying to paid they'd be happy with that and when they mention court action I thought I better come here and see what my rights are.

 

I guess the first thing I should do is make the offer in writing.

 

I've not ask for the Credit Agreement but it doesn't look like there any extra changes on it

[rory32]

I've not got their refusal in writing,

No suprise there then. They will often tell you things over the phone that they would not dare put in writing. First thing to do is stop speaking to them on the phone all together. They're mentioning court action to try and scare you into commiting to more than you can afford or borrow the money from someone else. They don't care how they get the money just as long as they do. This is a completely idle threat.

I've not ask for the Credit Agreement

Then you should. Do you know which template this is or do you need a link to it?

but it doesn't look like there any extra changes on it

This is highly unlikely. I can't remember a case where charges have not been added by the original creditor before passing the account to a DCA. You need to send a SAR to the OC to find out what charges have been added.

[drob]

Just as a matter of Interest who are the debt collection agency you are dealing with?

[Abearofaman]

Debt Managers Ltd.

 

Any template you can point me in the direction of would be a great help

[rory32]

The CCA template letter is here (template N). Send recorded with a £1 postal order and do not sign the letter. This should go to the DCA.

 

A SAR template is here. A SAR costs £10 and should be sent to the registered address of the OC. If you don't know this address it is:

 

The Data Controller

BARCLAYS BANK PLC

1 CHURCHILL PLACE

LONDON

E14 5HP

I would also advise that you read through the FAQ's here if you need to reclaim any charges on the account.

[Abearofaman]

Finally got a reply, simply stated "We have requested a copy of the signed agreement from our client and will revert to you once this is to hand"

 

Well I guess it will be in the post soon then

[lookinforinfo]

Don't hold your breath.

[rippedoffagain]

How old is the debt, and when did you last pay?

[Abearofaman]

It was a flexie loan taken out about 5 years ago, payments where upto date up until about a year and a half ago when I was made unemployed for a while

[red.ninja13]

just a ploy to get more money, write back to them with what u can afford and their correspondence team will most likely accept it

[PGH7447]

Just wait for the credit agreement to maybe turn up, until then ignore them

[Pinky69]

Don't pay them anything until you see what they come up with in reply to your CCA request. If there is no credit agreement for this, the debt is unenforceable.

[Abearofaman]

Got a reply....

 

re:DEBT MANAGERS LTD - BARCLAYS BANK PLC

 

PLEASE TAKE CAREFUL NOTE

 

1) You have ignored repeated applications for settlement.

 

2) You have had the benfit of goods/services supplied for which you have not paid.

 

Unless we hear from you within seven days with a payment and repayment proposal we may without further notice.

 

a) INSTRUCT ONE OF OUR LOCAL COLLECTORS TO CALL UPON YOU FOR PAYMENT

 

B) PROCEED WITH LEGAL ACTION FOR RECOVERY THROUGH AYLESBURY COUNTY COURT.

 

IT IS IN YOUR OWN INTEREST TO MAKE AN ARRANGEMENT FOR SETTLEMENT NOW BY COMPLETING THE PORTION BELOW AND RETURNING THE ENTIRE LETTER TO THIS OFFICE.

 

(Signed, printed of course)

 

NAME (IN CAPITALS)..........................................

ADDRESS..........................................................

......................................................................

 

 

ACCOUNT NO XXXXXXXX

 

I enclose £......... and promise to pay £.......... per week until my account as stated above is paid in full.

 

SIGNED................................ DATED.................

 

 

 

Now I'm think ignore this... but should I send any letter back to them?

[Pinky69]

I take it you have sent of your CCA request. Note the bullyboy tactics in the letter but it's full of they "may" do this and they "may" do that - not without an agreement they won't. Also, funny how since they got your request, they suddenly want to make an arrangement. Hang fire to see what they come up with and don't speak to them on the phone.

[Abearofaman]

CCA, already sent to them, it will be about a week and a half back.

 

The only issue I have is that this came from a company called "Call Serve", wonder if I have to send them a CCA to... oh to fight the good fight, I wish they had accepted the offer sometimes

[rory32]

wonder if I have to send them a CCA to...

No you don't. You only need to send one CCA request.

[Abearofaman]

OKay, new letter today....

 

Normal stuff... account amount owed and here what was writen on it.

 

Please find attached copy statements. This debt is for an overdrawn bank account and not governed by the Consumer Credit Act, therefore a sign agreement is not applicable. We look forward to receiving your proposals for payment.

 

They attached some statements. The statement say its a current account which doesn't make sense as I was sold this as a flexie loan... Either way some advice would be nice

[Abearofaman]

Found an old statment it was called a Barclays Advance Account. If that helps at all

[palomino]

Found an old statment it was called a Barclays Advance Account. If that helps at all

 

 

Was that what it was originally? I seem to recall some comment here somewhere that Barclays are known for transferring accounts. In your case maybe they transferred your loan to the Advance Account. The reason being of course that the Ts & Cs are different (in their favour).

 

Just a thought.

[Abearofaman]

Thats what it was originally, altho I was told by Barclays (on the phone alas) that it was a loan that I could use when needed and pay back then use again

[Pinky69]

I've been trying to ascertain the legal status of this flexi loan - these banks have got more ploys to get you into debt than tongue can tell. All I can really find is that it is "something like an overdraft." Did you sign an application form for this?

[Abearofaman]

Can't remember, it was a long time ago when I had a lot more money to throw around.

 

The thing is, I thought overdrafts were covered by a CCA, am I wrong?

[42man]

I would send a SAR to Barclays....(£10 postal order, send by recorded and do not hand sign)

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

print but don't sign your name

 

These are the rules for Overdrafts

 

"1. Under the powers conferred upon me by s.74(3) and (3A) and s.133 of the Consumer Credit 1974, I, the Director General, being satisfied that it would not be against the public interest to do so, hereby revoke with effect from 1st February 1990 the Determination made by me in respect of Section 74(1)(b) and dated 3 November 1983 and now determine that with effect from 1st February 1990 Section 74(1)(b) shall apply to every debtor-creditor agreement enabling the debtor to overdraw on a current account, under which the creditor is a bank.

2. This Determination is made subject to the following conditions:-

(a) that the creditor shall have informed my Office in writing of his general intention to enter into agreements to which the Determination will apply;

(b) that where there is an agreement between a creditor and a debtor for the granting of credit in the form of an advance on a current account, the debtor shall be informed at the time or before the agreement is concluded:

- of the credit limit, if any,

- of the annual rate of interest and the charges applicable from the time the agreement is concluded and the conditions under which these may be amended,

- of the procedure for terminating the agreement;

and this information shall be confirmed in writing.

© that where a debtor overdraws his current account with the tacit agreement of the creditor and that account remains overdrawn for more than 3 months, the creditor must inform the debtor in writing not later than 7 days after the end of that 3 month period of the annual rate of interest and charges applicable.

3. In this Determination the terms 'creditor' and 'debtor' shall have the meanings assigned to them respectively by Section 189 of [the Act]. The term 'bank' includes the Bank of England and banks within the meaning of the Bankers' Books Evidence Act 1879 as amended."