8 yr old Barclaycard debt - any advice would be much appreciated

[Is this ok?]

Hi ITO,

 

Sorry if I've confused things.

 

They are supposed to comply with the deadlines but rarely do. And if they fail to comply on time, there are rarely consequences for doing so.

 

If you file your tax return late, you get a fixed penalty immediately with little chance of any appeal. But if BC fail to comply with a CCA or Subject Access Request deadline, there are no such penalties.

 

That's why I say to peeps, be a bit relaxed about these deadlines. Stressing about it will achieve nowt but raised blood pressure.

 

Use the template letters as they are - but don't be surprised when BC and

others don't respond within the time allowed.

 

Ok Thanks.

 

They are supposed to comply with the deadlines but rarely do. And if they fail to comply on time, there are rarely consequences for doing so.

I thought the consequences of a late reply put the account into Dispute therefore making the Debt unenforceable? Therefore they would get no more payments.

 

 

I'm now wondering if it's worth me doing a CCA request for these other debts that are probably around 15 yrs old , with reduced payments for the last 10yrs are worth it. Both of them have had regular monthly payments throughout the repayment process.

 

If by not sending me a CCA within the time expected of them, putting the account into dispute, does not make it unenforcable then would I not be wasting my time?

I was rather hoping that they would not respond so that I would have grounds to stop paying them.

One is Robinson Way, the other is Cabot. Will it just get their backs up even more & I would have them start harrassing me? They just leave me alone as it is. I just dont want to carry on paying them forever as I have done so with BC.

 

 

Sorry if I'm being a bit thick, I know I'm a pain!

ITO

[slick132]

Hi ITO,

 

If they fail to reply to your CCA request within the specified time, they are in default and you can stop paying the debt until they produce a valid Credit Agreement.

 

They SHOULDN'T add charges or interest, demand payment, put a Default on your credit records, sell the debt or pass it on to another Co to chase.

 

But they DO because they continue to get away with it. CAG is trying to change this by getting users to challenge these Co's and their sharp practices.

 

If you don't want to rock the boat with the older debts, just keep on paying. Do you know how long till you pay the debts off?

 

If you want to fight back and regain control of your finances, you'll have to stop being so timid and be prepared to tackle these Co's head-on !!

 

If you want to get advice on these 2 cases before you proceed, start a thread for each one in the General Debt Forum. Give a quick summary and ask what others think about sending a CCA request.

 

You're not thick, nor are you a pain. This Site should inspire and empower you, so you have the confidence to tackle these companies.

[Is this ok?]

Hi ITO,

 

If they fail to reply to your CCA request within the specified time, they are in default and you can stop paying the debt until they produce a valid Credit Agreement.

 

They SHOULDN'T add charges or interest, demand payment, put a Default on your credit records, sell the debt or pass it on to another Co to chase.

 

But they DO because they continue to get away with it. CAG is trying to change this by getting users to challenge these Co's and their sharp practices.

 

If you don't want to rock the boat with the older debts, just keep on paying. Do you know how long till you pay the debts off?

 

If you want to fight back and regain control of your finances, you'll have to stop being so timid and be prepared to tackle these Co's head-on !!

 

If you want to get advice on these 2 cases before you proceed, start a thread for each one in the General Debt Forum. Give a quick summary and ask what others think about sending a CCA request.

 

You're not thick, nor are you a pain. This Site should inspire and empower you, so you have the confidence to tackle these companies.

 

 

Thanks so much for that.

The penny has finally dropped. I know exactly where you are coming from now.

I am so sorry to have kept on repeating myself.

I can see why you said that it's not an issue really as I'm not paying them any more anyway.

 

I have today sent the other CCA requests along with my normal monthly payments. I shall wait patiently to see what, if anything, they reply with. If nothing arrives prior to the next payment I'm not sending any more until they produce a valid CCA.

I actually have the hang of it now.

I must have been hard work for you!!!

[slick132]

Hi ITO,

 

I have a struggle understanding new stuff initially and, even now, get confused by different aspects of dealing with banks and DCA's.

 

Reading threads is the way to learn - use the Thread Tools to "Subscribe" to threads you think are similar to yours and are worth watching.

 

And when you're not sure about summat, just ask. There's loads of peeps here who are happy to try and help.

[Is this ok?]

Update

 

Today is 22 days since the Subject Access Request & CCA request.

 

I have today received the following letter from BC enclosing less statements (Nov/02-May/07) than they sent just before BC themselves suggested I Subject Access Request them.

It states it's all the info they hold. Funny that as a few weeks ago they sent me statements starting June 02.

To date they have not responded to the CCA request. They have not returned the £1 postal order either.

 

The ones BC sent prior to the Subject Access Request are for period June/02-May/07

 

The Statement below is the final one of these in question & it shows a balance of Zero.

I have paid & have evidence of 19 Monthly payments via Standing Order since the zero statement. As this is not the usual reclaim issue, it's now a case of getting back the money I have overpaid. Could I phone them & discuss it or is it still a good idea to do everything in writing.

 

Will it now just be a simple case of I have overpaid & would like it back or will they put hurdles in my way?

 

Thank you

ITO

 

[slick132]

Hi ITO,

 

By all means, contact BC and tell them you want immediate repayment of the amount overpaid.

 

Don't call them though - keep it all in writing.

[Is this ok?]

Thanks Slick

 

I was rather hoping you would be about as I know you are aware of my situation.

 

They are not very consistent are they. They tell me they have no more data on me but a few weeks prior they sent me data they say does not exist.

 

I thought that sending the account in dispute letter would be a pointless exercise.

 

Shall I send the request for the overpayment to the head office address that the Sar & cca requests went to, or use the one that is on my recent correspondence from them?

 

Shall I bother sending copies of my bank statements to them to prove I have made these excess payments?

 

ITO

[slick132]

Hi ITO,

 

I'd use the address they've last written from but use Recorded Del'y.

 

No, don't send the copy state's - they'll have it all on their system.

[Is this ok?]

Thanks Slick

 

Will start the ball rolling tomorrow. Will keep my thread informed.

 

Off to bed now.... soooo tired!!

 

ITO

[Is this ok?]

Latest news

 

I phoned BC yesterday to ask what was happening about the refund of the overpayment.

 

After BC stating that they have sent me all the data they have (a bundle of statements) on me in response to my Subject Access Request on the 13th nov they have found more Data. It would seem that they have a a harder dig to look for what info they may still have. Is it normal to receive data after they have said they have nothing else on you?

 

 

They now say they have copies of letters dating back to the original they sent me when the account went to repayment. I did say that if they can find letters dating back to 2000 then they should be able to find statements that far back too. The reply was that the letters were stored in a different place by different means so they would not be able to find the statements from then.

 

There are also other letters that I have never seen or have no knowledge of. I have asked for copies of these letters to be forwarded to me.

 

They today sent me a response to my cca request.

Please see attached. It is dated 31 12 2008. Sent after they stated they had no further data.

 

 

they have sent me a copy of thier current BC agreement.

 

 

 

 

They state they can do this because the account was opened before 19 05 1985. I did have a seperate Bank account with them prior to this date which was closed around the same time that this BC account went to repayment.

This BC account is no where near as old as that. I cannot say when the BC account was opened but would hazard a guess at about 1997 but definitely no earlier.

 

I would like to think that they have no original CCA & that is why they have sent me this instead.

I don't think they actually know what they are doing.

[slick132]

Hi ITO,

 

I've asked for input from the Site Team on this.

 

Can you be any more clear about when you opened the BC a/c please.

 

[Is this ok?]

Hi ITO,

 

I've asked for input from the Site Team on this.

 

Can you be any more clear about when you opened the BC a/c please.

 

 

Hi Slick

 

I really cannot remember when I took on the BC account. I do know that I did not have it before Jan 97 & it went over to reduced repayment in June 2000.

The closest I would say is mid/late 97. I remember being surprised them letting me have it as I was not working. I was a stay at home Mum & OH was working full time. Each time I neared the limit on it they would raise it.

 

Having spoken to the fella at BC yesterday he said that even though the statement said nil in 2007 there was still a balance of almost a £1000 outstanding.:-?

 

I have also just noticed that the letter states that they have omitted the interest charges as they are no longer applicable to my account. The bottom left hand corner of my alleged agreement clearly states interest charges.

 

I'm not sure that I will ever get to the bottom of this.

 

Thanks for taking the time to help.

ITO

Edited January 6, 2009 by Is this ok?

[slick132]

Steven4064 has replied as follows, in reply to my query as to whether BC's comments about the CCA 1974 and the 1983 Regs were correct:-

 

"It may well be true but it is of little importance because they can get away with sending just current T&Cs in response to a request under ss77, 78 or 79 of the CCA 1974 whenever the 'agreement' was signed.

 

If you want to challenge the agreement, the CCA 1974 is usually not a lot of help. You need to ask for a copy of the actual agreement under CPR Part 31:14 or 31:16, whichever is appropriate - PART 31 - DISCLOSURE AND INSPECTION OF DOCUMENTS "

[Is this ok?]

Steven4064 has replied as follows, in reply to my query as to whether BC's comments about the CCA 1974 and the 1983 Regs were correct:-

 

"It may well be true but it is of little importance because they can get away with sending just current T&Cs in response to a request under ss77, 78 or 79 of the CCA 1974 whenever the 'agreement' was signed.

 

If you want to challenge the agreement, the CCA 1974 is usually not a lot of help. You need to ask for a copy of the actual agreement under CPR Part 31:14 or 31:16, whichever is appropriate - PART 31 - DISCLOSURE AND INSPECTION OF DOCUMENTS "

 

 

Thanks for that Slick

 

I have today received another letter, this one dated 30 12 08.

They have enclosed a copy of my terms & conditions. It's just their standard T & C's.

The covering letter has my name & address but this time they have failed to include my acc ref no.The space is blank where it should be.

I have given BC 10days from the receipt of my last letter (delivered yesterday) to address my queries & then I am going to seek legal advice, I have had enough of them brushing over everything.

Each time I ask for answers they either send me a bundle of statements, their current T&C'c or current contract.

Edited January 8, 2009 by Is this ok?

[slick132]

Hi ITO,

 

Have you read this which may be more helpful in getting a Credit Agreement - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

[Is this ok?]

Hi ITO,

 

Have you read this which may be more helpful in getting a Credit Agreement - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

 

Thanks Slick

 

That's all very interesting. I now know what to use should I need it.

 

ITO