barclaycardcca v Muffintop

[slick132]

How about:-

 

OMG, have you seen how late it is !!

 

Gnite

[Muffintop]

Thanks to you night owls,, addictive isnt it will check out the link you kindly posted, im getting seriously p%%**d off with BCard and their phone calls. I have checked with Police today (although it may be different force to force) Im going to start a telephone harrasment thread as I dont think anyone has actually enforced the telephone harassment. I can tell you now the Police will not enforce the protection from harassment act and investigate the ts fos,oft,Information Commissioners Office dont seem to do anything either, yet I know that a lady took HBOS i think to high court over the telephone harassment and won.... this is an area we need to bottom out and find out what we can do about it and who will listen.

How about Watchdog, they covered the bank charges

Edited January 12, 2009 by Muffintop
2nd thought

[Desperate Daniella]

Muffintop, I agree. Of course it's harassment. Until I found this site I didn't realise I could do anything about it. I wish I had kept a note of every call - there were hundreds. They are much quieter since I sent the CCAs - not completely quiet but quieter. Except that is for Capone who just carry on merrily, completely disregarding what they must not do when an account is in dispute. This is because they absolutely don't understand anything at all, as far as I can see. Thank heavens we are having a laugh about them on some of the sites.

 

Slick. Yes, that's a good one. (Actually the top picture probably resembled me first thing this morning when the alarm rang - not a good look at all.)

 

DD

[sunflower99]

Hi Muffintop!

Its that time again for me! Barclays wants another payment of a hundred and something pounds to throw down the pan swallowed up by their horrendous interest rates and charges from me!:eek:Their robot has only phoned me about five times today!:rolleyes:well they are in for a shock this month as i aint paying it! LOL i will be offering reduced token payments and if they dont accept that a CCA request will be winging its way to their offices! and if they can not produce an enforceable one they wil not be getting anything!

[Muffintop]

Sunflower, do you stand in a different place if you have started to make token or reduced payments then send for copy of your cca.. would it be seen that you were struggling with the debt and then decided to pull for the cca in the eyes of a judge? just wondering? the way I played it was to keep paying up until the 14 days when the request for the cca didnt come up so that any bad references on my credit file could be fought and removed ...... reported barclaycard to trading standards who have taken it on to their enforcement office. heard that you cannot go to fos with a complaint until you have followed the bank complaint proceedure first

[slick132]

Hi Muffintop,

 

It is your right in law to send a CCA request for whatever reason.

 

If they fail to properly respond with the correct documents, that is BC's responsibility and they are (in theory at least) limited as to what they can then do with the a/c.

[Muffintop]

Tnx Slick, just wondered if it would have an effect on clearing up your credit file if you had missed payments prior to the cca request as opposed to getting the bad reference after you applied for cca as a direct result of cca request.

Another q, when I did the bank claim I recall typing something on the bottom of the letters to let them know that I was a little bit more clued up with support from cag and thought this may make them think twice before messing me around quite so much.... do you recall any standard line on the bottom of letters, I know the without predudice had to be used carefully. muffintop

[slick132]

......missed payments prior to the cca request......

AFAIK, the date of a bad marker on your history is not relevant. If BC don't have a valid credit agreement, such markers should be removed, but it can be a long process.

 

I don't know of anything like you mention to put on letters. Just do your best to adapt each letter to reflect your own case as necessary and keep your letters as short as poss.

 

There are, of course, CAG envelope stickers as shown at the top left of every page.

[sunflower99]

Hi Mufffintop!

As you say never quite sure what best to do! but i thought if best if i wrote to them and asked them to accept reduce token payments and to freeze interest charges for a while just to give them a chance!and if they refues or harass me i would then take the step of asking for a CCA.Does anyone know if there are any cases where Baclaycard does coperate with helping people in debt and answer their letters or are they as bad as MBNA or crapital One?I dont know much about credit reports but fiqure mine is in tatter now! so i just cant worry about it as these banks are going to default you whether account in dispute or not and it would be a complicated long process to get adverse credit report taken of and probably involve court action.

[Desperate Daniella]

Hi Sunflower,

 

I was advised AFTER I had sent my CCAs and subsequently paid £220 which I couldn't afford to bcard that I should not have paid anything after sending the CCA because I was admitting I had a debt. I know others on the forum won't agree with that, but maybe they are advising people who still have okay credit ratings? Like you my credit rating was (is) in tatters, and I wish so much I had stopped paying anything at all months before I did, because then I wouldn't be behind on the mortgage, and I am worried sick about that.

 

I did ask Bcard to accept reduced payments and they refused.

 

I look back at all the payments I have made this year to all of them, and I regret it so much. Virtually everything I have paid this year has gone on interest. I only paid because they threatened me so much. It has been a total waste of money because I'm in a worse position now because I paid them.

 

DDxx

[slick132]

Hi MT,

 

It has to be worth a try, if you want them to freeze interest or accept reduced pay'ts. Take a look at letters A to F from here - http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/20758-creditors-dcas-letter-templates.html

 

You can always go back if they refuse first time - never know, you may get someone nicer.

[Muffintop]

Hya Daniella,

 

I feel for you I know being in debt totally takes over your life and that of your family, the worry is so bad sometimes you feel like walking out of the house and never coming home, obviously some people do this or worse. I did clear 20k debt earlier this year with remortgage, still have 30k left but at the moment 20k of it is in dispute with bc and mbna x 2. they havent come up with ccas yet, my credit file was squeeky clean up until 3 m ago when i started the cca request and will only be affected by direct result of my cca request and subsequently placing file in dispute, this scares the hell out of me as may need to remortgage in 2 years time or never know when you may need credit. If my 3 cards were proved to be unenforceable then it would change my life completely. worries me that i could not pay for say a year then they actually come up with the agreement after all and im left with bad credit rating anda lot of money to pay back or that it gets to court stage and the jude rules in favour of them. guess should put the money every month that was to be paid to them into separate account or to paying of one of my existing cards that were only taken last year and so likely to have the agreement eventhough they were also under the 1974 cca

[sunflower99]

Hi Sunflower,

 

I was advised AFTER I had sent my CCAs and subsequently paid £220 which I couldn't afford to bcard that I should not have paid anything after sending the CCA because I was admitting I had a debt. I know others on the forum won't agree with that, but maybe they are advising people who still have okay credit ratings? Like you my credit rating was (is) in tatters, and I wish so much I had stopped paying anything at all months before I did, because then I wouldn't be behind on the mortgage, and I am worried sick about that.

 

I did ask Bcard to accept reduced payments and they refused.

 

I look back at all the payments I have made this year to all of them, and I regret it so much. Virtually everything I have paid this year has gone on interest. I only paid because they threatened me so much. It has been a total waste of money because I'm in a worse position now because I paid them.

 

DDxx

Hi Desperate Daniella!

Yes that why i was not sure about whether i should go down CCA route first as there seems so much confusion about what bedst to do!some people say keep making token payments others say you shouldent pay them anything if cca is unenforceable:confused:so now i just ask them if they will accept reduced payments and if they dont want to help me i am going straight down cca route if i think they may not be able to produce an enforceable one!Going by your experience though it looks like Barclaycard not going to be reasonable though and i will be asking them for a CCA in the near future!and the money i would have used for token payments will go to another bank which is more likely to have an enforceable agreement!:Dluv from Sunflower:)xx

[Muffintop]

Received a statement today with a copy of how to deal with debt if I cant afford to pay, ie got to debt collection agency, or citz advise... also threatening me that they will be placing negative entry on my credit file if this statement does not get paid.

Still no cca from them.... I wouldnt need to go down any of the complaints proceedure if they treated me with the respect of either sending me my copy of cca or sayin they dont have it.They are still texting me daily

[texanbar]

Hi everyone,

 

I hope I may be able to join in on this thread. I too have a credit card with BC and today, received a copy of some T&C's following my request for my CCA.

 

I have gleaned so much information from this thread (and others) so really don't think there's much point in starting up a new one.

 

I can't wait to send off the 2nd letter and start to withhold my payments.

 

This website is a real lifeline for me and my family (and our cat!).

 

Thxs (another girly to join this thread!)

 

x:)x

Edited January 26, 2009 by texanbar
typo

[Muffintop]

Hya welcome to my thread, I hope something on here will benefit you in your quest to receive your cca, you may decide to start your own thread as you will want to post your own individual questions and concerns and as I started before you, my advice will always be ahead of your advice, I usually skip over to another thread I have subbed to if they are ahead of me. You need to send your letter first, wait the 12 +2 days and then when you havent had your original cca send letter disputing debt as unenforceable and placing account in dispute.

[texanbar]

Yes I will do Muffintop... thank you. It's just so uplifting to find others in the same boat!

 

It's nice as well that others are ahead of me so at least I know what to expect! My next payment to BC is on 28th January, I think that will be my last!

 

Thxs Again for all your comments

x:)x

[slick132]

Hi TB,

 

Start yourself a new thread here in the BC forum and shout if you need any help.

 

[texanbar]

Will do

thxs

 

x:)x

[angel_1]

Hi Sunflower,

 

I was advised AFTER I had sent my CCAs and subsequently paid £220 which I couldn't afford to bcard that I should not have paid anything after sending the CCA because I was admitting I had a debt. I know others on the forum won't agree with that, but maybe they are advising people who still have okay credit ratings? Like you my credit rating was (is) in tatters, and I wish so much I had stopped paying anything at all months before I did, because then I wouldn't be behind on the mortgage, and I am worried sick about that.

 

I did ask Bcard to accept reduced payments and they refused.

 

I look back at all the payments I have made this year to all of them, and I regret it so much. Virtually everything I have paid this year has gone on interest. I only paid because they threatened me so much. It has been a total waste of money because I'm in a worse position now because I paid them.

 

DDxx

 

 

hiya daniela and muffintop and everyone on your thread,

 

i was told by ts today that if i paid anything to anyone while i was say disputing the debt ie not yet received a correct cca - i could pay by cheque and after the amount say where you write it in letter, ie five pounds - you normally would write only - would n t you?

 

but after the "five pounds" then write " paid under protest"

 

so you have - five pounds paid under protest....rather than five pounds only then rest of the line crossed along

 

does this make sense?

 

he said this would then be kept by my issuing bank for at least 6 years and if i took copy of the cheque as evidence too, i could then pay the cheque at the counter with a giro slip the bank would process it and they would be paid,,,,

 

just an idea i will throw out as im going to try this for mysel

 

laters angel x

[lsubiela]

Hi,

Does anyone know if a credit limit increase after April 2007 means a previously unenforceable agreement becomes enforceable under the new Consumer Credit Act or does the whole agreement still fall under the umbrella of the 1974 Act?

[beachcomber60]

Hi Angel, yes I like the thought of writing that on the cheque.

 

A problem with stopping payments is that if you bank with barclays they'll just take it from your account anyway

 

Beachy

[angel_1]

hiya beachy

 

yes i ve seen other banks do that too

 

and thats why i now need to open an account with a bank we have no debts with, a sole account for hubby for his wages, and ive already got 2 basic accounts with an electron card at a bank i too have no debts with

 

have our main account with bank that both me and hubby owe on credit cards so tomorrow will be opening new account with him so that his wages can start going into it,

 

though we have overdraft i will have to get rid of it over a few weeks, thats the plan

 

take care all laters angel x

[slick132]

Hi Isubiela,

 

I've posted on your own thread - I started one in the BC forum for you.

[Muffintop]

anyone know if this is still a good address for a complaint to barclaycard once this is done can go fos route re phone calls and non compliance of sar

 

 

Freepost RLTA-CSUE-TCHC

Barclays Bank plc

Head office customer relations

1 churchill place

london

e14 5hp