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    • It isnt a great thing to have to worry about all these things. I am sure someone on this site will offer some great advice.   Priority debts need to be sorted first; Rent/Mortgage, Council Tax, Utility   - Dont quote me as I do not know the legal points around this; but Overdrafts, catalouge, card debts are not priority. I would sit down and work out exactly what your priority debts and living costs are, deduct from your income. Look at all your cards, loans overdrafts etc, list them all, starting from the highest interest charging ones, think what and which ones to work out a realistic monthly payment, dont overpay what you cant afford.  I would consider not using the cards etc, as you will be adding to your debt and problems. I would contact someone Like Stepchange or Citizens advice, they will offer you some very good advice and ways of contacting your companies you have debt with. Dont be afraid of your debt companies, write to the fully explaining situation and what you can realistically offer, do not be preasurised into paying more than you can I personally prefer contact by post or e mail rather than telephone. Ive no idea what Factor, Monzo is, but may well fall in line with what Ive said.   Keep a note in a diary of every call you made or who contacted you, ask for names, keep and copy all letters to and from as this may be helpfull further down the line for record keeping.   Do not ignore contact as this just adds more stress for you and the problem wont go away.   Make sure you make your affordable monthly payments, every month, even if they say we wont accept it, its to low.    As you have a lot of stress going on, I would certainly contact someone like Stepchange or Citizens advice,    Good luck
    • Hy. Caring for family adult learning disability; full time, currently unpaid from work, unpaid carer - receive weekly carers allowance This is what I have searched on so far; - can only receive from employment £132 a week, after Tax, NI, deductions in all about £201.00 a week, but this is taxable and needs to be entered on tax submission, but if less than personal allowance then no tax may be paid? - I believe NI is paid as long as you get the carers allowance, although gap between break in employment and start of carers allowance may not be? -Should employment end due to company not happy in change of hrs and I have to leave, then only the carers allowance would for be the income, If UC is applied for would this allowance be deducted from what UC give or the person I cared for be affected - Savings may affect if you get UC or not - Certainly cant be available for looking for work as full time carer   anyone have any points, help or advice on this issue please
    • hy, In a nutshell; - current contract  work part time Mon to Fri 24 hrs - Unpaid year off break to become family member full time carer - Need to either go back to work at end of next month, start of July or leave - Application for Transfer was turned down   - Letter to go in this week with a application form to request change of contract, hrs, days so that I can look after family member - change requested will be work mon, tues, wed but not more than 13.5hrs or 14, then breaks deducted to stay within legal earnings limit as carers allowance is recieved - it is not possible to work thur, fri sat, sun due to care needs and travelling for adult disabled family member   ok; Ive done a bit of digging, I can send application  for reduction of the hrs and contract which i think the govt said I can legally do. Doesnt mean the company has to be bound legally by it. It may be that it isnt suitible and there for ask me to resign. Or they may agree! Or terminate my employment. But as I am a full time family carer for a family member within the same household, I should have a good case to argue.    Does anyone have any further knowledge or experince of this to advice me, what legal or other rights, but if I quit or asked to quit, would claiming benefits as such be suspended for quiting a job, thanks    
    • I’m looking for some guidance please. I’ve been reading up but am stuck on what I should do and going round in circles now.   Trying to manage my own DMP and making a mess of it I think.   My income is £1015 per month Essential outgoings: factor fee £93 pet insurance £81 (giant breed so quite costly) TV licence £13.37 Groceries for 3 adults and giant breed dog £309 Council Tax £111 Internet £36 Electric £59 No water/gas/car Public transport £30 Gifts £15 Mobiles £6 Debt to family £42 Saving £0 Leftover £220 (for creditors) Actual Original Total Due to Creditors £600 (pro rata started) So I’ve started negotiating pro rata payments while still trying to keep credit cards going for future emergencies (they are maxed now but if I can pay them down it releases credit for me to have as a back Up)   It’s all getting worse, I’m struggling, I have depression, my wife has depression and is unwell. Interest on 3 cards is over £100 so not really paying anything off.   I’ve negotiated pro rata on some and I think I’ve gone in too high because I’m really struggling with it, I forgot that when they ask for income expenses they don’t take into account that the factor bill is 3 monthly and therefore I need £279 by May 31st and not £93 as budgeted so already in trouble for month 2. Partner debts: Starling bank overdraft: £400, 2019. Pro rata £14 arrangement to pay, no default.   Tesco Credit Card: £100  started 1/12/2019; defaulted 7/10/20 £5 mth   Virgin Credit Card: £2700 started 14/5/18; defaulted 30/3/21 £5 mth   Marks and Spencer Credit Card: £850 started 18/10/19; defaulted 13/1/21 £5 mth   Nationwide Credit Card: £1500 started 30/4/19; defaulted 28/12/20 £5 mth   Barclaycard CC: £1400 (PRA group purchased it) started 25/8/18; defaulted 16/7/20 £5 mth.    Aqua Credit Card: £3900 (now with Cabot Financial) started 3/12/18;  defaulted 12/11/20 £5mth   Aqua Loan: £1700 (now with Link Financial) started 28/9/19; defaulted 2/2/2021 £5 mth   My Debts:   Monzo Loan:  £1900 October 2021 – permanent pro rata £39 agreed, not defaulted    Likely Loans: £1500 December 2021 – temp £14 pro rata, not defaulted    Monzo overdraft: varies up to £750  - temp £10 pro rata   Monzo Flex: £900 December 2021 – temp £11 pro rata   Fluid Credit Card: £1500 July 2021 (on a holiday until August) £0    Capital One Credit Card: £700 £40 mth (up to date)   Amazon Credit card: £2450 November 2021 £75 mth (up to date)   Next: £56 December 2021,  £5 mth (up to date)   My dilemma is I can’t pay the factor bill and have maxed my cards.   I wonder about going on a payment holiday with Amazon and Capital One and then negotiate pro rata using a part of the £220 left for creditors in time, so keeping the pro rata proportional.   In August my Fluid holiday ends and they want £80.   I’m not getting hassled by any creditors and prefer an option that keeps it that way but last night seriously thought should I stop paying all of some of them.   Thanks  Stuckfast    
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Barclaycard Can you trust them ?


blencathra
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Hi Desperate Daniella. I was told I had contacted the wrong office by Mercers . They then gave me the right address and what happened, yes your right nothing at all. How can Barclay's not be able to transfer items when Barclay's, Mercers and Calder , I bet are all in the same office. They just change hats.

 

Well i suppose something did happen. that nice Elaine Mockler had added another £12.00 late payment charge. How can it be late if i have not paid it at all, When did i pay it what time , how much late was it ?. They fail to respond. But as Elaine Mockler does not talk to customers. I dont recognise her.How can they prove i owe them money without an agreement.

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Hi there is it no surprise that i have not received a telephone call or a copy of my credit agreement from Barclay's. THEY CANNOT BE TRUSTED EVEN MORE SO. How do they expect the public not only to trust them but to respect them also. I do neither. I was promised a copy of my CCA would be sorted and she would call me back to let me know it had been found. Barclay's are all mouth and have lost all credibility with me. What little bit they had. Sorry no magic formula or CCA

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Obviously, as we have all found out, they pass from pillar to post, they edited will say anything on the phone.

You should send all correspondance to their head office so they cant deny getting it.

You could have ask the numbskull if she can operate a fax and send it there and then, or convert it to pdf to send by e-mail whilst your on the phone so you can explain things very slooowly to them, they do hate that:D

Edited by slick132
libellous comment edited - site cannot risk being sued
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I send all my correspondence by recorded delivery and then use the Royal Mails Track and Trace. so you know they have got it. I wasn't expecting a copy of the agreement Bazaar, It was more tongue in cheek. If they havnt got the CCA as i requested in July 2008. they are unlikely to produce it now.. Every time i write they write back and say its our final reply. they have more final appearances than Tina Turner.

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Right today I am going to write one strongly worded letter to this nice Elaine Mockler. I know there is no chance of her ever seeing my letter, but it is for the record and my file.

 

What kind of company puts managers automated signatures on letters. with contents that are breaking the law.? What kind of company ignores your letters and questions?

 

What kind of company tells you this is our final response. Then tells you again and again he he?

 

What kind of company? sends you mail from one address and has a different one on the envelope. Somebody has a long way to go to post the mail.

 

What kind of company Has telephone call center's, that have staff that talk down to you and treat you with contempt ?

 

What kind of company has staff that are totally ignorant of the law. To me that brings into disrepute the training . or they have no morals.

 

What race are these people? How can they treat fellow humans this way ?

 

What kind of company is it let me think ........... ah yes... i think i got it

 

BARCLAY'S who else. I bet i hear you saying why just Barclay's. they are all as bad and YES YOUR ALL RIGHT.

 

Regards Blencathra

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Blencathra, now youve got that off your chest:). Have you thought about reporting them to FSA, FOS? They say its their final response, well thats just not good enough, so you now need to report them. If youve sent them an account in dispute letter due to their failures on your CCA request, then send them a reminder that you're under no obligation to pay anything until such time as you get physical sight of the executed agreement.

Let them know youve now escalated this complaint to the authorities. It may well do no good, but it'll show clear dispute and their obvious disregard for you.

Send it to their head office I think its Churchill Place, someone will correct me im sure.

Then see what happens, most likely, they will sell this on, but you'll have all this correspondence to hit back with. Oh and by the way, have fun with it. As you say they havent got the CCA, so what can they do except empty threats?:D

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There's on-going debate about this point but some say there is merit in BC's contention that, by sending out their T&C's, they are fulfilling their obligations to reply to your CCA request.

 

It is not, therefore, certain that the a/c IS in dispute. Even if YOU believe it's in dispute, BC will maintain it is not and they are free to demand pay'ts, add charges and interest and enter Defaults.

 

This is why users are now trying the CPR route shown in Link No 2 in my signature.

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Agree with you slick, but we must be seen to be 'doing the right thing' as it were. We give them the option to produce the agreement with the CCA, they then try the bluff. Then we hit with default letter, next its the CPR route, before they get a chance to issue court proceedings.

My concern with all this is that some people just wont have the time to get everything going. Perhaps we should get the legal bods involved and create a sticky for this particular method. I personally believe in creating a step by step guide for the judges to follow. (Im not saying they are not educated people). IE, if a Judge can see that youve tried everything, legally to get sight of an agreement, then I cant see many Judges saying that the banks have any rights to litigation.

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The most important thing is to show you've acted properly and reasonably in your attempts to get sight of the Credit Agreement.

 

But ultimately, it is down to a judge on the day, and how (s)he interprets the various aspects of law.

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Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

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  • 4 weeks later...

its been a while since i updated this thread. Now i think Barclay's have fallen out of their tree. They have sent me a final answer. worded in the same way as all the other letters are. Then i get out of the blue a letter from Calder Finance Based in Liverpool but in a Barclay's envelope. Do they

think we are stupid altogether. They make the usual demands ,, so i wrote to them. No reply until the 12th March 2009 then they write to me again saying Wait for it.....As have not paid. Barclay's intend to sell the debt off IF I WANT TO STOP THIS SALE. PHONE TODAY he he he he THIS IS MY LAST CHANCE. YIPPEE. What a lovely letter i am going to write. and today I got a letter from Mercers with a default notice. a Liverpool address in a Barclay's envelope from Northampton . Dont these companies go a long way to post mail Telling me i should contact them IMMEDIATELY who the hell do they think they are.

 

Why should i if its going to be sold off. If Barclay's sell it off. It will just another part of the Consumer Credit Act they have broken. Passing to a third Party . adding charges. Sending a default notice. Are they going for a full house. I believe that if it is sold Barclay's will be committing an offence of some sort as they know it is in default and should not sell it on when there is no chance to collect. It could be fraud

 

Mercers have the nerve to say UNDER THE TERMS OF YOUR BARCLAY CARD AGREEMENT. i must make at least a minimum payment. They ignore all requests to provide the legal agreement so how can they quote it to me cheeky things or words to that effect.

 

It is just one big farce from a company who cannot manage its own affairs. Continue to break the law and think its the right thing to do. WELL I DONT .... They even say i can pay by Barclay card. what a laugh What Barclay card ? and they say i have broken the agreement What agreement ? I shall have some fun with this little lot

If they think i am contacting three departments at the same time they are barking up the same tree they fell out off.. BARCLAYS....MERCERS..CALDER FINANCE all the same company. He who pays the piper calls the tune.

 

Regards Blencathra

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Hi Blencathra,

 

Nothing surprises me any more.

 

I got a letter yesterday, after two months, banging on about Section 7 of the regulations, and I may have missed something but I don't think they have been writing to too many others here about this. I am hoping an expert comes on to my thread soon, as I am now very confused.

 

Anyway, what they were basically saying was that they can send anything they like and this constitutes an agreement. They said they had sent me an excerpt from my agreement, by which they mean a page entitled 'Conditions of Use', obviously taken from a folded leaflet as it was four small columns (landscape, not portrait) and this was sufficient. I wonder why I can't I have the excerpt with my details on it?

 

They say the account is not in dispute and they will continue with collection activities.

 

DD xx

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