cca and barcays

[Becca00]

Hi there. This is my first posting and I need a bit of advice please!

 

I cca'd Barclaycard and it's been 12 working days now since they received the request (sent rec del).

 

This is for a credit card which was originally a Goldfish one, taken out around 10 years ago I think, possibly around the time when Goldfish was first launched.

 

What do I do now? Do I just wait or would it be better to go down the SAR route?

 

Many thanks!!

[silverfox1961]

HI,

If there are charges on your account then an SAR may be the way to go. If not then you could send the A/C in dispute letter but why should you be telling them what they should already know.

Whichever way you go BC have defaulted and you are quite within your rights to stop paying them.

 

fox

[rory32]

Personally I would just wait and obviously now stop paying them.

[Becca00]

Thanks!

 

The next payment is due in around 2 weeks. If I don't pay this, what is likely to happen?

[rory32]

They are likely to send you an automated letter informing you that you haven't paid them.

[mak71]

Hi there. This is my first posting and I need a bit of advice please!

 

I cca'd Barclaycard and it's been 12 working days now since they received the request (sent rec del).

 

This is for a credit card which was originally a Goldfish one, taken out around 10 years ago I think, possibly around the time when Goldfish was first launched.

 

What do I do now? Do I just wait or would it be better to go down the Subject Access Request route?

 

Many thanks!!

 

Becca,dont hold your breath im still waiting for my cca from barclays,its now 7 weeks since there 12+2 was up, you will get the automated letters re non payment and they will try to ring you too,But your well within your rights to withold payments while its in dispute,

ide just sit back and wait for them to send the cca or a letter with their intentions

[Becca00]

Still no word on my cca from Barclays but a £10 M & S voucher arrived in the post from them last week with a standard letter about me being a good customer! The other thing is they haven't yet cashed my £1.00 cheque for the cca. Letter definitely arrived ages ago as did it recorded delivery.

 

One payment missed now but have put the money aside just to be on the safe side!

[Becca00]

Got a statement today from Barclays with late payment charge added for missed payment at end of December. How do I stop them adding charges? 12+2 days was up before Christmas and I also sent the 'in dispute' letter. Just got a call from Barclays this evening. Was brave and told them I wasn't in!! Had stated in my letters I could only be contacted in writing so perhaps they can't read! Still haven't cashed my £1.00 cheque even though it was signed for ages ago. Does this matter? No sign of cca......

[mak71]

Becca,

dont worry about it, the account is in dispute,

they will carry on adding those late charges on no matter what,cause they simply ignore anything you tell them,

but it will do them no good, they can add as many charges as they want,

cause until they come up with your agreement they cant enforce it,

and even if by some miracle they did come up with your original agreement and it was a fully compliant one ,(even bigger miiracle) :Dyou would claim all those charges back anyway.

 

The account will prob be passed on to mercers when they realise you aint going to pay up .it took them 3 months to pass my accounts onto mercers

 

Dont speak to barclaycard or mercers on the phone, they will bully you and try to convince you its in your interests to pay even though the account is in dispute

Simply refuse to answer their security questions and tell them to put everything in writing and put the phone down on them,

Dont worry about the non cashing of the £1 fee, they still havnt cashed mine from october,

You have proof they signed for it, its their problem ,youve done all you can, just sit back and wait for their next move,

 

 

 

 

Mak

Edited January 12, 2009 by mak71

[Becca00]

Thanks for that. It's good to have this forum to get a bit of support and reassurance when the nerves get a bit wobbly. Must get used to that for what's to come!!

 

Thanks!!

[Becca00]

Well, the calls have started! 3 to my landline, 2 of which I did't answer, a text to my mobile and a call to my moblile. Don't know how they got the number as it's pay as you go and I only give the number to family and friends. I didn't realise it was them and answered it. Once I knew who it was I started asking Mr Barcays how the weather was, had he had a nice Christmas etc. He started getting quite annoyed and said he wanted to talk about my account so I said can't possibly do that, it's in dispute and I only deal with finances by letter. He told me I was entitled to my opinion but the calls would continue so I said I would look forward to our daily chats and I did so hope his job was safe! I think he thought I was a bit mad and he hung up. Am keeping a note of the calls. Will look forward to the next one....

[silverfox1961]

:D:D Keep it up.

They don't like it when their power is taken away.

 

fox

[Becca00]

Help needed!

 

My 8 year old has a pay as you go mobile phone which her uncle gave her just to take pictures on etc. It's only ever had credit put on once, at the end of last year. Don't know how, but Barclayshark have managed to get the number for this and have started ringing it! How do I stop this! It just rang a few minutes ago and I answered and told them this wasn't the phone of the person they were trying to reach so please stop calling it.

 

The calls to the house are increasing but I can cope with that as I just ignore them, but calling an 8 year old's phone is out of order. Any ideas on what I should do about this would be great.

 

Thanks

[banker_rhymes_with]

Hello Becca00!

 

Don't know how, but Barclayshark have managed to get the number for this and have started ringing it!

 

Three guesses how they got the number:

 

Give up?

 

Here's a clue or three:

 

CallCredit

Experian

Equifax

 

They got my Mobile Number too, and I never, ever, gave that out to anyone except family and close friends. And I never used it to call anyone that could've grabbed the number.

 

The Debt Industry controls our Data, and can roam around and poke about in our Data in many more ways than they will ever admit.

 

Cheers,

BRW

[the_shadow]

Help needed!

 

My 8 year old has a pay as you go mobile phone which her uncle gave her just to take pictures on etc. It's only ever had credit put on once, at the end of last year. Don't know how, but Barclayshark have managed to get the number for this and have started ringing it! How do I stop this! It just rang a few minutes ago and I answered and told them this wasn't the phone of the person they were trying to reach so please stop calling it.

 

The calls to the house are increasing but I can cope with that as I just ignore them, but calling an 8 year old's phone is out of order. Any ideas on what I should do about this would be great.

 

Thanks

 

Just a thought but how did you load the credit on the phone? pay by debit or credit card and its linked via your credit report.. I could be overstating the lengths they will go to but I doubt it.

 

If you complain to the OFT and ensure they know this is the phone of a minor CCing in Barclaysharks it might have some effect but to be honest once they have a phone number chances are the calls will continue

[rory32]

You can get software to barr incoming calls on your mobile phone like MCleaner.

 

Personally I would phone the police and inform them that Barclaycard are phoning your 8 year old daughter.

[noomill060]

Have you sent them a SAR?

 

Have you paid PPI at any time on this account?

[cerberusalert]

Help needed!

 

My 8 year old has a pay as you go mobile phone which her uncle gave her just to take pictures on etc. It's only ever had credit put on once, at the end of last year. Don't know how, but Barclayshark have managed to get the number for this and have started ringing it! How do I stop this! It just rang a few minutes ago and I answered and told them this wasn't the phone of the person they were trying to reach so please stop calling it.

 

The calls to the house are increasing but I can cope with that as I just ignore them, but calling an 8 year old's phone is out of order. Any ideas on what I should do about this would be great.

 

Thanks

 

When you buy a new PAYG 'phone or SIM card some providers 'invite' you to register, offering a few quids worth of free calls. When you do your details and number are added to a directory which is then sold on to anyone who is willing to part with a few Shekels.

[silverfox1961]

Hi,

I would be making a formal complaint about their actions and enclosing this letter:

 

Harassment by telephone - Consumer Wiki

 

Ringing an 8 year olds phone is dispicable and needs to be stopped.

If you know your local beat officer, ask them if they'll ring Barclays on your behalf.

 

fox

[Becca00]

Thanks for all the advice. I paid for the credit on the phone with my debit card so perhaps that how they got the number.

 

Emailed a complaint last night stating I would report this to the relevant authorities and funnily enough haven't had any calls yet today on either the mobile or my house phone. Have usually had at least 2 by now. Wonder how long that will last.

 

Haven't made any PPI payments or done a SAR. Was sitting tight until I got a reply to my cca request. Am expecting a copy of my Goldfish application or the like and then a letter stating they don't have to supply copy of original. Seems to be their latest tactic!! I think I'll wait for that then do a SAR.

 

Many thanks for all your help. Nice to know I'm not alone!

[Becca00]

Just a quick update. The calls to the mobile have completely stopped - that won't stop me making an official complaint to the relevent bodies. The ones to the house are continuing but don't seem to be quite as often. Only 4 yesterday but I'm sure they'll increase again!

 

Yesterday when I checked my bank account my £1.00 cheque for the cca request was showing so after almost 2 months they've finally cashed it. Must check my next statement to make sure they haven't put it towards the credit card account.

 

Quick question to anyone who knows. If they manage somehow to produce an enforcable cca at some point down the line, would I have to pay all the payments I've missed while the account is 'in dispute' or would payments just start from when they produce the document?

 

Many thanks.

[davey77]

In that case you would have to pay all the money you owe. The 'dispute time' wouldn't remove your obligation to pay, I'm afraid. But cross that bridge when (if) you come to it.

 

They will mostly likely put the £1 towards your account. That's standard practice to avoid Statue Barred coming into effect later down the line.

 

Any silent calls from automated dialling computers? If so and you get too many a complaint to OFCOM is in order.

[rory32]

would I have to pay all the payments I've missed while the account is 'in dispute' or would payments just start from when they produce the document?

They would start from when they produce the agreement. You would not have to back date payments.

 

They will mostly likely put the £1 towards your account. That's standard practice to avoid Statue Barred coming into effect later down the line.

It doesn't avoid it because you in no way acknowledged the debt and made it quite clear what the payment was for.

[bazaar]

They will probably try to lift your signature onto one.

[davey77]

They would start from when they produce the agreement. You would not have to back date payments.

 

In the past i have read that when an agreement is eventually found the whole debt is again liable? Once they find an agreement i understood it to mean, that's it, end of. The whole debt is enforceable and therefore payable?

It doesn't avoid it because you in no way acknowledged the debt and made it quite clear what the payment was for.

 

That's if you signed the back of the cheque (CCA payment only) and or added to the text of the accompanying letter 'this is to be used to CCA and not to be put towards the account.

I'm thinking later down the line, if it goes to Court, all you have is a copy of that letter and a statement from the creditor showing you made a 'payment' towards the account. A Judge is most likely going to side with the strongest evidence i would assume: That statement showing a payment?