please can someone help me.!!!!!

[111253]

Hey Heidi, Just because the agreement is signed, it does not mean it is enforceable. It has to comply in every aspect with CCA 1974 regs. It may be worth posting the agreement up to see if some of the wizards on here can spot any non compliance.

[heidi1974]

ok thank you, i need help on my bank charges as well i just had a letter off them today, no good i need help. can i post it on here or not.

thank you.

[maroondevo52]

Hi, heidi.

 

Ask away if we need to shift it to start a new thread for you, we shall

 

Heidi did ask and her new thread is here......

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/187837-heidi1974-barclays.html

 

Regards.

 

Scott.

Edited March 6, 2009 by maroondevo52

[the_shadow]

Heidi, I would suggest you scan the agreement in, edit your personal details out and then post it up. The people on here are very knowledgeable about the agreements and can tell you if it complies with the regs or not.

 

Just need to state when you post it up, when the card was taken out as different years affect which regs are in force now.

 

PmW

[heidi1974]

Here's a copy of the signed agreement that I received...

 

http://i701.photobucket.com/albums/ww13/heidirogers1974/agreementmorganstanley.jpg

[cerberusalert]

It's an application form which doesn't contain the prescribed terms so is unenforceable.

[heidi1974]

hi all, i have sent all the letters off for my credit agreements, it will be two weeks this thursday. i have only had one letter back with my agreement what stands. i have had another letter back today from next about my agreement but i have sorted that out on another forum, the one i need to no about is i have sent two letters and two postal orders to mercers about two barclay cards, they have only sent me a letter today saying = immediate action needed, we are dealing with your account on behalf of barclaycard. this account is still overdue and we now have no alternative but to pass your account to : A local debt collector who may call at your home to obtain full payment. we would prefer not to take this action and are confident that between us we can resolve this matter. you should make payment: call us, send cheque, call into any branch of barclays. Even at this late stage, we may be able to agree a repayment plan for you - ring us now.

 

What can i do as none of the other debts have written to me about the agreement either and i only have till thursday to reply to me, where do i go from here.

[cymruambyth]

Don't worry as these are standard scare tactics. There are some letters you can send about refusing permission for a visit, they have NO rights to visit you.

[heidi1974]

BUT what do i do as i have not received my other letters from my other debts, they had 14 days to supply an agreement and i have not had anything back at all apart from the ones i said in the above message. they have only got till thursday. what do i do from here. ??

[cerberusalert]

You don't have to do anything just yet, the longer it takes for them to comply to your CCA request the less likely they can provide an enforceable CCA. As for the threat of visiting you, send them this;

 

Dear XXX

 

In a direct response to your recent activities / letter, dated xx xxx xxxx, received at this address on xx xxx xxxx. [Delete whichever is not applicable]

 

 

I DO NOT WISH TO RECEIVE ANY REPRESENTATIVE OF YOUR ORGANISATION, OR INDEED AN AGENT OR REPRESENTATIVE EMPLOYED BY ANY ORGANISATION THAT YOU ISSUE INSTRUCTIONS TO.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.)

 

THEREFORE TAKE NOTE THAT I REVOKE LICENSE UNDER COMMON LAW FOR YOU, OR YOUR REPRESENTATIVES TO VISIT ME AT MY PROPERTY AND IF YOU DO SO, THEN YOU WILL BE LIABLE FOR DAMAGES FOR A TORT OF TRESSPASS AND ACTION WILL BE TAKEN, INCLUDING BUT NOT LIMITED TO , POLICE ATTENDANCE.

 

 

I also caution you here that should you ignore my request on this point, the actions of your representative(s) will happily be recordedeither by CCTV or by telephone recording equipment – whichever is applicable. Accordingly I reserve the right to use any evidence of you or your representatives’ ignoring this request in connection with any actions that I choose to pursue, including media exposure.

 

Should it be your intention to disregard my wishes, and break your obligations, please be advised that the following rules also apply, as laid down by the OFT in respect of debt collection, and that you, as a holder of a consumer credit license, are obliged to follow:

 

The areas of the OFT guidance which applies to you in this instance are:

 

Debt collection visits

2.12 Examples of unfair practices are:

 

a. not making the purpose of any proposed visit clear, for example, merely stating that collectors or field agents will call is not sufficient

f. visiting or threatening to visit debtors without prior agreement when the debt is deadlocked or disputed

 

Deceptive and/or unfair methods

2.8 Examples of unfair practices are as follows:

 

k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

 

 

I do believe this makes my position clear and unambiguous.

 

 

Yours Faithfully

[heidi1974]

thank you ever so much.

[heidi1974]

hi all, Good news i think, i have just received a letter from barclays bank, i asked them for my agreement that had a ccj, they sent me a letter to day saying,

Thank you for your request for a copy of a credit agreement and financial statement. our systems show that there is no sum payable under the credit agreement and therefore there is no requirement for us to comply with your request.

i have just canceled the direct debit now, im just waiting to see if they write to me again asking for payment. can they do this after they have sent me this letter.

[maroondevo52]

Hi, heidi.

 

Had a DCA bought the debt ?

 

Regards.

 

Scott.

[heidi1974]

hi scott, no it has never been sold on, i just went to court because i could not afford to pay it. i pay barclays direct.

[maroondevo52]

Oh !!! Sounds very good then Well done

 

 

Regards.

 

Scott.

[heidi1974]

Thanks scott, But can they still ask for payment on a later date, after sending me this letter. ??

[maroondevo52]

Don't think so, keep that letter, they have said there is a 0 balance, so how they can come back to you and ask for any money is beyond me.

 

Regards.

 

Scott.

[sosumi]

Hi Heidi

You say that you had been paying Barclays direct for this - the one saying there is no sum payable? Or had you been paying them through Debtfreeme?

[heidi1974]

hi, no i was paying barclays by direct debt every month, this is what i cannot understand. i have checked the ref and it was the write one i wrote down. i could not pay it to debt free me because it was a ccj.

[sosumi]

hi, no i was paying barclays by direct debt every month, this is what i cannot understand. i have checked the ref and it was the write one i wrote down. i could not pay it to debt free me because it was a ccj.

Then I would have thought they would send you something more substantial than a letter suggesting it doesn't exist and that therefore they don't need to send you anything:confused:

I also think it sounds like good news, but very strange. I know Barclays do send odd letters (I've had them), but all the same. It might not matter to them but you've had a CCJ for this, so it matters a lot to you.

[sosumi]

hi all, Good news i think, i have just received a letter from barclays bank, i asked them for my agreement that had a ccj, they sent me a letter to day saying,

Thank you for your request for a copy of a credit agreement and financial statement. our systems show that there is no sum payable under the credit agreement and therefore there is no requirement for us to comply with your request.

i have just canceled the direct debit now, im just waiting to see if they write to me again asking for payment. can they do this after they have sent me this letter.

This is what is bothering me. How can they not have a financial statement to send you?

[sosumi]

I think you are right to be cautious. Keep that letter very safe

[heidi1974]

ok thank you for your advice, i will keep all letters, im just going to see if i have any letters from them now since i have canceled the direct debt payment, then i can go from there. at least i have a letter from them saying there is no balance on this ref.

thank you ever so much for your help.

[rory32]

When was the CCJ granted against you?

 

How much was the CCJ for and how much have you paid towards it?

 

You need to be very careful about cancelling your DD when you have entered into a time to pay order.

[heidi1974]

i will have a look, i had to cancel it because im changing banks. good way to see if they send me a letter about it. i have just found my court letter = it says the (1) interim charging order hearing on the 24 july 2007 be vacated. (2) the interim charging order herein date 19th april 2007 be discharged. the amount was for 13,243.00. i pay £15.50 a month. iv payed about £310.00 since the ccj.