Barclaycard debts

[MrMT]

Are ofcom effective? Their advice seems wooly and ineffective. Seems I need to make lots of complaints with no promise of action or justice.

 

"Ofcom speaks to phone companies regularly. They give us information about silent calls which we can then use to begin investigating the worst offenders"

 

All throughout their site, it seems there have been rules and regulations in place for many years - designed to stop such nuisances - which tells me they are an impotent body.

Edited February 12, 2009 by MrMT

[noomill060]

A complaint to ofcom will result in them monitoring the calls they make to you, too many silent calls and theyre in the poo.

 

Just part of the way to deal with them.

 

Any charges or PPI to reclaim?

 

If its barclaycard the "agreement" wont be worth anything, so you can ask a court to declare it to be unenforceable.

[MrMT]

Indeed, I've just read "Ofcom does not investigate individual consumer complaints and we will not respond to you about your individual complaint. However, we monitor all consumer issues and may investigate a company if monitoring data reveals a particular problem. You can help us by filling in our consumer monitoring survey form."

 

I've fired off an email to my phone company (Pipex) for now and registered my number with the TPS, as advised per ofcom.

 

Further reading doesn't bode well though. They say they put regulations in place in 2006 and will review them in 6 months but nothing about any reviews which are now up to two years old.

 

No charges or PPI's, just usualy interest.

 

I got another letter today from APEX

 

[MrMT]

If its barclaycard the "agreement" wont be worth anything, so you can ask a court to declare it to be unenforceable.

 

I'd be very interested in this approach. Can you give me more details of how, what it costs, details needed to be presented and burden of proof etc?

[noomill060]

Havent got to time read the entire thread.

 

Did you get a copy of a CCA?

 

That letter you got today is just waffle, not worded in the prescribed manner and if they use it as an offical default notice, they will be up sh!te creek without a paddle- its void of any legal meaning.

Edited February 12, 2009 by noomill060

[MrMT]

No agreement yet. One replied to - quoting pre-1985 rules, the other CCA request hasn't been replied to at all.

[bazaar]

Hi MrT I know you said you send them a non complience letter, did you also state that the account is now in dispute??

If not, send them 1 then remind them that they cannot process data etc.

[MrMT]

Hi bazaar,

This is where it gets confusing as the CCA request went to RMA who were chasing it at the time. After sending my CCA request, NCO took over the chase so they got the "in dispute" letter. I've lost the plot to be honest with you, APEX are the latest to be chasing me up now.

 

Today, I got another postcard (in an envelope) from Calder Financial and a phone call from Apex who I told shouldn't be calling - he retorted he's just doing as requested by their client (Barclays) and gave me the impression they'll continue to harass me even though I told them not to call. They know there's nothing we can do to stop it and that's what's bothering me most.

[bazaar]

hi mrT

well whenever a new ****** comes along it is usual to send out the bemused letter.

But, have you sent any of these the harrassment letter, including a copy to Barclays. give it a few days then start reporting them.

It'll take a while for them to figure this out, but eventually you'll have enough of a phone log about them to give you an idea of your next step.

Try to remember that they have no power, so you can have fun with them, they hate it..

If they had the correct paperwork, do you think theyd be hassling you this way?

The bemused letter is the way to go, for now, then wait and see what barclays want to do.

A second option would be to send out the CPR31 request to Barclays to show you mean business, Give them 10 days to produce the original paperwork.

[MrMT]

Hi bazaar

I've been very frugal in my letter sending so far.

For Alleged Debt1

First letter was a CCA req to RMA

followed by the In Dispute Bemused letter to NCO.

I've also recieved demands from two solicitors and another DCA (Apex).

 

For Alleged debt 2

I've sent CCA req to Calder

to which Barclays responded with a get out clause Pre1985 letter

earning Barclays a Now in Default Letter.

 

I best start saving my pennies then, at £1 a stamp I'll probably also have to cough up for a couple of SARS and what's a CPR31 gonna cost me? I'm off to research what a CPR31 is now...

[MrMT]

It's been almost a fortnight since my last post and it's been eerily quiet on the debt front. I've been on this site reading as much as I can but it seems legal sentences with more than two commas in it leave me reeling or longer than one page and it trips my overload protection circuit.

 

Sorry about the preamble but I'm acutely aware that having now formally disputed these alleged debts and made the declaration of not acknowledging I owe them, how can I converse on other relative subjects that I don't acknowledge happened, if you get my drift? ie DN's, Fees and interest?

[cashins]

Sorry about the preamble but I'm acutely aware that having now formally disputed these alleged debts and made the declaration of not acknowledging I owe them, how can I converse on other relative subjects that I don't acknowledge happened, if you get my drift? ie DN's, Fees and interest?

 

Not a problem.

 

Just as lack of a CCA, doesn't in fact mean it doesn't exist, (it means that they cannot legally PROVE that they have a legal right to collect the money), it means you do not recognise any legal compulsion on you to pay it.

 

David

[MrMT]

I'd like to say no news is good news but I can't help feeling a bit unnerved by the lack of contact. I no longer get phone calls, postcards or letters from either the bank, the DCA's or the solicitors.

[MrMT]

Well, well, well, look what the postman brought me. An A4 envelope, manually addressed to me. Inside is a number of A4 sheets showing printouts of some random (as far as I can tell) statements. These are stapled with a "compliment slip" (no sig etc) from APEX. It's got no accompanying letter of explanation. I feel like I'm dealing with pschizophrenic lunatics.

Edited May 5, 2009 by MrMT

[MrMT]

Today I received an automated phone call - said they were from Apex and asked me to push 1 if I am the person they're asking for or push 2 if I am not he. I did neither and got no reply, eventually went dead.

[cashins]

Today I received an automated phone call - said they were from Apex and asked me to push 1 if I am the person they're asking for or push 2 if I am not he. I did neither and got no reply, eventually went dead.

 

It really is pathetic!!

 

Why on earth would anyone do that?

 

David

[MrMT]

I just got another automated call from Apex and this time I chose option 2 - I am not the person they are asking for - and the reply was "Thank you, we will call back another time".

[MrMT]

....and another auto-apex call, I just hung up this time. I suspect the batch of statement copies sent is their way of circumventing the "in dispute" argument allowing them to harass me again and the auto-call system is their way of avoiding the regulation whipping they get for harassing the wrong person. I suppose the good part about it is they do take notice of the regulators.

 

I hope the majority of DCA's victims get wise real soon as I can't see how such companies can survive without naive people to prey on.

 

Is it worth me scanning and posting one of these statement copies as I don't fully understand all the info it contains apart from the obvious?

[MrMT]

Have ignored a few more phone calls from Apex but still annoyed their auto-dialler has my number to abuse.

 

Anyway, Apex have sent me another bundle of statement copies without a cover letter or any evidence of human intervention except the "requesters name, telephone number, extension and dept" are included in the request response document.

 

Interestingly, they all carry a "purchase interest" entry of 1.5~%

Even more interesting is from the May 07 statement, all of them show;-

 

Present Balance: £0.00

Min Payment Due: £0.00

 

On that May statement it also hase an extra paragraph;

 

CLOSING BALANCE OF PREVIOUS STATEMENT £xxxx.xx (x's replace actual balance)

CHRGOFF PRCH PRIN BALM 05 Apr £xxxx.xx

TOTAL OF NEW TRANSACTIONS £xxxx.xx

 

Can anyone give me some insight/advise on all this? Seems like they're trying to accomplish something but it's lost on me.

[cashins]

CLOSING BALANCE OF PREVIOUS STATEMENT £xxxx.xx (x's replace actual balance)

CHRGOFF PRCH PRIN BALM 05 Apr £xxxx.xx

TOTAL OF NEW TRANSACTIONS £xxxx.xx

 

Charged off indicates that the account, (that the statements are for), has been closed.

 

Could well mean that the debt has been sold/being sold, as well.

 

Well, unless they can come up with something better than statements, I would say they are on a hiding to nothing.

 

David

[MrMT]

Cheers David.

 

I'm now getting messages asking me to call another company (Westcott I think) but I just ignore them as they're not bothering me, just my answerphone.

 

Amazing how inpotent these DCA's now are thanks both to the vigilance of consumers and the efforts of the regulatory bodies I suspect.

 

A hearty CONGRATULATIONS to CAG, it's Members and all who stood for their rights!

 

A big thank you to everyone who have either directly or indirectly encouraged me to make a stand also.

[MrMT]

UPDATE: I answered a call from Westcott and eventually the lady said she "doesn't like the way I'm talking to" her (I was tolerant though blunt, refusing to answer security questions and not recognising any debt I have with Barclays) and "I'll have to hang up" to which I asked "Ah good, does that mean you won't call back?" and she replied "I didn't say that". etc. etc.

 

Anyway, a little more yes you do, no I don't arguing and she said her goodbye.

 

A letter from them next, listing what they could or may do etc - of which one is doorstep caller.

 

Next letter is more decisive. My case has been passed to the collection department and I should recieve correspondence from them to arrange a visit. Oh joy.

 

Suggestions welcome. Tea and cakes or mad dog? At home or unexpectedly had to go out? Speak in a foreign language or hurl abuse at them?

[cashins]

Suggestions welcome. Tea and cakes or mad dog? At home or unexpectedly had to go out? Speak in a foreign language or hurl abuse at them?

 

Errrr... how about 'you're trespassing, get off my property' (and if they don't go call the police).

 

If you really want to get up their nose, pretend you're hard of hearing, eh?, what?, gas meter?, but we're all electric. etc.

 

Seroiusly, the chances of someone showing up are remote.

 

David