Brokencard reject my offer of reduced payment

[Watchout]

Hi Guys

 

I have a VISA and M'Card with Barclays. I have recently sent them an I&E and a postal order payment. I have received a letter from them informing they cannot accept my offer. If I increase my offer they propose to accept it. If I do not call them I will be defaulted.

Advice needed. Do I SARN them and establish what charges I may be able to claim for. Do I also CCA them to establish if agreement is enfoceable. Is there an order I do the requests for info, or all together. getting loads and loads of calls but I can live with that. As everybody I can do without a default so If I can prove its unenfoceable I assume they cannot default me.

 

Many Thanks

 

Watchout

[rory32]

When were the cards taken out? Are there a lot of charges on the accounts?

[Watchout]

Cards were taken out I would guess 10-12 years ago. I would think charges would be £250 max over the time (dont recall having that many late payment charges)

[rory32]

As the cards are 10-12 years old I would send the CCA request first and see what they come up with if anything.

 

As everybody I can do without a default so If I can prove its unenfoceable I assume they cannot default me.

 

No. They will still default you. You'll then have the task of trying to get the default removed but they'll default you anyway if you go onto reduced payments.

[Watchout]

Any chance of pointing me in the right direction for CCA template. I cant find one. Maybe wood for the trees scenario. Thanks for your help.

[TheChancellor]

Letter N in the templates file.I'll try & find a link.

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

Edited October 28, 2008 by TheChancellor
add link

[rory32]

Mae sure you send it recorded delivery Watchout and as always with these things don't sign the letter.

[Watchout]

Sent the CCA request, many thanks (I looked at those templates before!!)

Also been informed today Mercers Debt Collections Ltd now managing account, should I CCA them also.

[rory32]

You just need to inform them that the account is in dispute and that you have sent a CCA request to Barclays.

[Watchout]

Thanks rory32.

Two Questions

1- By requesting a CCA does that automatically put account in dispute?

2- Is the new timescale to comply for CCA request 12 days from when they receive my letter?

 

Will get letter off to Mercers as suggested.

Cheers

 

Watchout

[TheChancellor]

Thanks rory32.

Two Questions

1- By requesting a CCA does that automatically put account in dispute?

2- Is the new timescale to comply for CCA request 12 days from when they receive my letter?

 

Will get letter off to Mercers as suggested.

Cheers

 

Watchout

 

No. Their failing to supply a true CCA within 12+2 days timescale puts it into dispute.

[Watchout]

12+2 Days - Does that include Saturday and Sunday?

Assume received today 12+2 inc Sat & Sun is Weds 12th November.

Is it wise to continue with my reduced payment when account formally in dispute (assuming they do not produce CCA etc)

[TheChancellor]

12+2 Days - Does that include Saturday and Sunday?

Assume received today 12+2 inc Sat & Sun is Weds 12th November.

Is it wise to continue with my reduced payment when account formally in dispute (assuming they do not produce CCA etc)

 

No.It's 12+2 working days.Dont "assume" anything with them.Check it has been received (presume you sent it RD?).See what they produce in the line of an enforceable CCA before deciding whether to stop paying or not.

[Watchout]

CCA's were sent last week to Barclaycard.

Have received letters from Mercers informing me

 

'We will be instructing a local debt collector to visit you at the above address to collect payment."

 

From reading CAG I have learnt that this is a threat rather than the likely next step from Mercers. Am I right or should I prepare for the debt collector!!!!!!!! If they knock on my door they might have to meet the big fella........

 

rory32 suggested that I should inform Mercers that the account is in dispute and that I have requested CCA. I will do that today.

[rory32]

'We will be instructing a local debt collector to visit you at the above address to collect payment."

 

It's unlikely that anyone will turn up but you may wish to send Mercers the following anyway and have a copy just in case anyone calls so that you can give them it before telling them to bog off.

 

Dear Sir

 

Thank you for your letter of (date)

 

Should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or anyone representing you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

[Watchout]

Cheers rory32, Many Thanks

 

The letter for informing Mercers that the account is dispute - is that simply along the following lines

 

Please accept this as notification that the above account is in dispute and I have requested a copy of the credit agreement.

 

I will send them a seperate letter regarding the doorstep call as directed.

[slick132]

Hi Watchout,

 

I suggest you send Mercers one letter to d/w both issues.

 

Dear sir or madam,

 

Account No xxxxxx

 

Then Rory's letter as above, folllowed by:-

You should also be aware that I have requested information from BC which will put this a/c formally in dispute, thereby limiting any action you may take, and contact you may make with me, concerning this a/c in accordance with the OFT Guidelines on Debt Collection.

 

Yours faithfully,

[Watchout]

Its now past the 12+2 days deadline for the CCA Requests sent to Barclays. What do I do now?

 

Mercers have also not replied to my letter warning off their intention for a 'door step' call.

 

From what I have read on CAG I think I just sit tight and keep on sending my payment offer each month (by postal order!) No signatures..

[Kerrie78]

I just read in post #4 that you get defaulted if you go onto reduced payments. Is this correct or is it just in certain circumstances.

 

I asked them a few years ago now if I could go onto a reduced payment plan with lower interest as my hubby became ill and I was unable to make the full payments as they requested.

Nobody has ever mentioned to me that if I am making reduced payments I am beng defaulted? I'd like to get this checked out please as I could have been being defaulted each month for the last 2 years!

 

Thanks

[Watchout]

Hi Kerrie78

 

I am on a steeplearning curve so I can confidently say 'I dont know'

 

Is this where i go 'BUMP'?

 

Just out of interest how did you get the compensation for harrassment of £100. I must get 10 calls a day, easy, which I never answer, 0845...... or 08000......and then ones with area codes from places that I never get calls from. I dont answer them from advice on here. I suppose I need to answer to find out which creditor or DCA it is so I can log for harrassment. One has tried to contact me at work and is now emailing my work address.

Thats when google does you know favours!!!!

[Kerrie78]

My harrassement letter was sent because even after my charges were all given back to me, and my account was paid off, several months later, despite not touching the account further charges started to appear for ridiculous things, and I constantly had to keep going into the branch and calling to sort the matter out.

I got very fed up with it, so I just sent them a very curt letter telling them that if it didnt stop once and for all I would be instructing my solicitor to take them to court!

 

It worked and they gave me £100 for the situation they had caused me. Might still have the letter somewhere saved to Docs.

[slick132]

Hi Kerrie,

 

You need to check out your credit history and see what shows up. There may have been 1 Default Notice and subsequent markers to show late or missed pay'ts.

 

Hi Watchout,

 

You put BUMP (anything would work, of course) on a thread when there's been NO reply. As a fresh post, this BUMPS the thread back up to the top of any forum. If it's been overlooked before, this may get attention and replies.

 

To help you keep a log of who calls when, you can answer a call, ask what its about, then tell them to put it in writing and hang up.

 

Can you get your work email to treat emails from the DCA as spam and ditch it. This is harassment, for sure.

[Watchout]

Slick, thanks for advice on email. I ask myself why didnt I think of that.......??

 

Any thoughts on my Post #18

[slick132]

Hi WO,

 

Re the 12+2, you can now stop pay'ts to the a/c if you wish. Although you may prefer to keep them up so the debt gets paid off.

 

In theory they shouldn't add any charges or interest to the a/c until they provide you with a valid credit agreement. In practice, however, they'll ignore this and crank up the harassment if you miss any pay'ts.

 

I'd wait another week or 2 before sending a big "No CCA response" letter, just to see if they provide anything resembling a valid CA.

 

Just in case Power2Contact pop round for tea, have a copy of the "don't call round" letter handy to give to anyone just before telling them to leave your property, and closing the door.

[Watchout]

I have received an acknowledgement of my complaint letter that I sent to Barclaycard!! I did not send a letter of complaint I sent a CCA request

 

Anyway they will deal with it and hope to resolve matters soon. I wonder if thats sending me my CCA? Mercers seem to have gone quiet.