Baarclaycard standard letter when CCA'd

[Duffychick]

Hi everyone, just a little bit of advice please.

 

I CCA'd all our creditors on 10th Feb and all letters were signed for on the 12th. Today MBNA rang when I was out, OH told them I wasn't in and they were a touch snotty. They haven't rung back yet so I'm assuming they just want money.

Barclaycard have sent me a letter dated 15th, no mention of CCA request and just that they're gonna default me on 15th March if they don't get payment by 25th Feb. Do I just wait until the 12+2 days are up and send the "account in dispute" letter or do I remind them that they are supposed to be sending me a CCA.

 

Finally, sorry, I've CCA'd Freemans on the 17th but when I've looked back through all my papers for them it appears that they have sent me 3 default notices over the last year. I'll freely admit I just filed these as the first one had no dates on it and the other 2 I just ignored. I wasn't paying interest or charges and had reduced the debt to around £60. They've now put late payment fees on so it's war!

What do I do about the fact that I paid money after the defaults were issued?

 

Thanks for all your help

[PGH7447]

Hi everyone, just a little bit of advice please.

 

I CCA'd all our creditors on 10th Feb and all letters were signed for on the 12th. Today MBNA rang when I was out, OH told them I wasn't in and they were a touch snotty. They haven't rung back yet so I'm assuming they just want money. if they do tell them to write and dont answer their security questions, unless you can record the calls

Barclaycard have sent me a letter dated 15th, no mention of CCA request and just that they're gonna default me on 15th March if they don't get payment by 25th Feb. Do I just wait until the 12+2 days are up and send the "account in dispute" letter or do I remind them that they are supposed to be sending me a CCA. Correct - account in dispute leter after 12+2 days

 

Finally, sorry, I've CCA'd Freemans on the 17th but when I've looked back through all my papers for them it appears that they have sent me 3 default notices over the last year. I'll freely admit I just filed these as the first one had no dates on it and the other 2 I just ignored. I wasn't paying interest or charges and had reduced the debt to around £60. They've now put late payment fees on so it's war!

What do I do about the fact that I paid money after the defaults were issued? - take it has starting afresh, and reclaim the charges etc

 

Thanks for all your help

 

[Duffychick]

Thanks PGH will sit and wait.

 

Quick update, MBNA have just called demanding payment of £4.27 to stop an account going to default. They no longer ask me security questions so I could deny all knowledge of this conversation I suppose.

Kept telling her that I will only deal in writing and that I had written to them (didn't tell her what I'd sent:D) in Feb. She refused to let it go so when I said I'm not giving her any money she said, very snottily, "well I'll just send it to default then". I thought you do that luv, in fact please do!

 

Will see what happens....

[PGH7447]

good on you

[Duffychick]

Quick update,

 

Barclaycard are now calling me three times a day (and who the hell told them they could call me by my first name - no respect these people!) so telephone harrassment letter going off tomorrow.

MBNA calling to let me know they're going to default the account on Friday, told them to do what they need to do and the "lady" seemed a bit put out that I didn't cry:D

 

No response at all to any of our CCA requests. "D" day is next Monday and I'm itching to get the letters done.

I think I could get quite dizzy with the sense of power this site has given me;-)

 

thanks everyone and I'll keep you posted.

[PGH7447]

LOL, go on get PowerMad ,

 

word of caution -

 

it gets addictive winding these cretins up

[Duffychick]

I know! When they rang on Sunday I pretended to be someone else and put the phone "on hold" next to the TV which had Harry Potter on, funny they didn't wait long;)

 

They've just rung again, told me the calls will keep coming - I think I'm going to miss them when they're gone - not!

 

Still no replies from anyone re: CCA requests.

[Enron]

They are legally barred from enforcing agreements against you when they are in default of a CCA request.

 

As confirmed to me by the Office Of Fair Trading clarification, this will be interesting reading for you:

 

http://i26.photobucket.com/albums/c104/telso/1-8.jpg

http://i26.photobucket.com/albums/c104/telso/Image2.jpg

http://i26.photobucket.com/albums/c104/telso/Image3.jpg

 

If they phone requesting payment, or harassing you in any manner mention that they are legally barred from doing so until they fulfill you s78(1) CCA request, they are in default of the CCA request after 12+2 days of making the request s78(6) CCA being active.

 

You should mention to them that you are submitting a complaint to the OFT, and contacting Trading Standards with regard to this matter. At least it should make them take notice - but do follow through and contact these bodies.

 

Enquiries and Reporting Centre

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London EC4Y 8JX.

 

Trading Standards: http://www.tradingstandards.gov.uk/

 

You are requesting documents that you are legally entitled to, the legislation is not there for the fun of it, if the companies continue to enforce agreements whilst in default of requests for documents quite simply they are in breach of the central law which regulates their business.

[MrMT]

Enron, that's given me a thought. Once I've established the call is from a DCA I could begin saying "First I have to ensure you're aware of my rights and your responsibilities - and then recite your letters from the OFT without interruption - bet they hang up before I've finished, if they can't interrupt me

[Duffychick]

Hi Enron,

 

Thanks for all that info, I hadn't seen those details before and I will definitely do as you say.

 

MBNA rang again today, on the mobile which I still don't know how they got, and the lady was very sympathetic - said they didn't want to cause me any more anguish - bless!

She said that if I could stump up £2k they'd wipe the rest of the debt off but I need to pay it by Friday. I'll just whip that stash of cash from my back pocket then.....

She said that they will default the account on Friday, pass it to DCA's and not ring me anymore. I was desperately trying to record the call but I'm a bit fingers and thumbs so didn't manage it.

I'm assuming that to default the account they need to confirm it in writing? If yes and they do this whilst ignoring my CCA request is there a different course of action or do I just send the dispute letter after the 12+2 days (Monday)?

 

Thanks again

[PGH7447]

just send the dispute letter by recorded delivery, then they cant pass it to a dca and if they do just write to the dca and tell them to get lost

[Duffychick]

Quick update:

 

No response from anyone concerning CCA requests, not even an acknowledgement - that's 10 creditors that have no manners!

In Dispute letters going on out Monday.

 

Oh and Barclaycard haven't rung me for two days, I'm bereft!

[deepdebt]

Hi Duffychick,

 

Don't worry your not alone in getting no responses to CCA requests, doubt if your get any responses to 'Account in Dispute' letters either, seems to be the fashion at the moment where DCA's or OC's ignore requests.

 

So you maybe left with going the SAR or CPR 31.16 route, still Barclaysharks even ignore this!!!

 

Looks like the OFT is going to get busy in 2009 stacking up lots of complaints.

 

Good luck.

[Duffychick]

Hi Deepdebt,

 

I can't believe how ignorant these companies are especially when they're supposed to be regulated.

 

How long do you reckon I should leave it before doing the Subject Access Request? I'm not sure what the CPR31.16 is???

 

thanks Duffychick:)

[deepdebt]

Hi Deepdebt,

 

I can't believe how ignorant these companies are especially when they're supposed to be regulated.

 

How long do you reckon I should leave it before doing the Subject Access Request? I'm not sure what the CPR31.16 is???

 

thanks Duffychick:)

 

Yes I agree they really p*** me off, ignorant, I just think they won't / don't address our requests so they can drag it on and on because they have nothing!!!

 

Re SAR, don't suppose there's any point in waiting but remember it needs a 10 pound Postal Order with each request and Recorded delivery, and make sure you can confirm the exact address to send it to.

 

I'm waiting for some replys on this forum re addresses etc.

 

Re CPR 31.16, several caggers have reported SAR requests being ignored so they are looking to go down the Civil Procedure Rules route as its really a pre court request for disclosure for all docs prior to lauching court action.

 

I am going through the motions so its SAR for me to.

[Duffychick]

SAR for me next then - reckon they hold out just to cost us more money in postal orders and postage fees! With 10 creditors between me and the OH that's well over £100 - b******s!!!!

 

Maybe I'll do one a week depending on how much stuff I can flog on eBay:)

 

thanks for all your help, I've been raving about this site to anyone that will listen:D

[deepdebt]

Good luck.

 

Yes truely wonderful place.:)

[deepdebt]

Hi Duffychick,

 

I sent my SAR to:-

 

Barclaycard

Data Protection Team

1234 Pavilion Drive

Northampton

NN4 7SG

 

Good luck.

[Duffychick]

*UPDATE*

 

Well, three responses received today.

 

1) Barclaycard:

 

" Thank you for your letter. which one, telephone harrassment or CCA request?

We would like to take the opportunity to discuss this matter with you in more detail, therefore please call us on the number below.

In the meantime please do not use your card.Don't have one as this was morgan stanley, then goldfish, then barclaycard.

Additional fees will continue to be applied whilst your account remains overdue for payment."

 

2) Freemans:

 

"Your letter has been passed for my attention with regard to the above numbered account.

With reference to your recent request for a copy of a signed credit agreement in relation to the above account, we enclose details as requested assuming that you are the only customer on the account. blah blah blah, I trust this resolves your enquiry" Not really as nothing was enclosed!

 

3) OH Mint card

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The "In Dispute" letter is due to go to Barclaycard on Monday and Freemans some days after shall I just send those as normal. Is this an enforcible CCA?

 

 

thanking you

 

Duffychick

Edited February 28, 2009 by Duffychick
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[Duffychick]

Can someone check the above post and let me know what you think please? I should've posted it as another entry rather than editing what was there - plank!