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    • We are not offended. But we try to give you advice all the way and you seem to want to go your own way including hiding the identity of the breeder – for whatever reason, I can't possibly fathom – except that during the time that you have been hiding their identity, other animals presumably may have been at risk and other purchasers also may have had difficulty. Had you posted the identity of the breeder here, people might have stumbled on this information and become aware. It seems to me absolutely normal that if you start taking advice from somebody then you stick with it. We are not offended, but is a bit frustrating to feel that we are putting effort into helping you – but in fact you are off doing your own thing and not necessarily in your best interests. Anyway, you've sent a 28 day letter so you have to stick with it. You say you haven't done this kind of thing before so you need to read around and find out the steps involved in taking a small claim in the County Court. Now you have a decision as to whether to look at the advice we give here on that or go to Which? or whoever else you may have been consulting. One of the problems about having gone to Which? is that although they have effectively given you a letter of claim to copy out which gives 28 days before taking legal action, they didn't explain to you that 28 days wasn't necessary and that the pre-action protocol only requires 14 days. So you came away from them not really understanding the whole story and the choices you had. I'm afraid I was find it very frustrating that these organisations which purport to inform and empower consumers don't tell them the whole story.   The reason why Which? gives this kind of softer advice is because they don't want to alienate themselves from corporate interests and they don't want to seem to be to pushy. Unfortunately we have found over 15 years that in order to assert your rights properly, you need to be pushy. The County Court papers are the great Equalizer between you and all sorts of commercial interests including huge multinationals. Still, let's see maybe your breeder will respond within 28 days with something satisfactory. However, you better be prepared and ready to take the next step – if you know what that is
    • Well it sounds like a breach of contract which has substantially deprived the purchaser of the entire benefit of the contract – which amounts to a breach of condition which means that the contract can be treated as terminated. After that  section 75 consumer credit act   See if there has been any communication with the finance company. Send them an SAR – do it now.
    • I didn't realise there was much difference, this is my first time doing anything like this so maybe a bit ignorant. Sorry for any offence caused.
    • We probably signed it around Oct 2018 On the original sofa we received back in jan 2019. Harvey’s agreed to replace that one as it basically fell apart within months so the replacement was on the same agreement which we ordered October 2019 We have around £900 outstanding on the finance.     
    • Well don't think I'm being territorial about it, but you come to us for help and then you use templates and advice from other organisations. I don't understand why you mix and match. 28 days is far too long – especially given the difficulties you have had so far. Pre-action protocol only requires 14 days. The 28 day now takes you slap into Christmas and New Year's et cetera and causes additional complications. You should understand that organisations like Which?, Citizens Advice and so forth are all very well but their approach is far too gentle and am afraid that to deal with companies or traders that won't honour their consumer obligations to you, you need to be assertive and keep them on the back foot. I'm not too sure how you think that giving the breeder 28 days rather than 14 days places you at any kind of advantage or that the breeder is likely to be more cooperative. Short, rigid deadlines are far more likely to keep your potential defendant focused on the issues. You have sent the 28 day letter now so there's nothing you can do about it. However I think you need to settle on where you are going to take your advice from and stick with it. We are quite happy to stand aside – and it would be better if you did decide because unlike Which? and citizens Advice we don't get paid and we put our effort in for free.
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Hello to all and can I say what a revelation this site is.

 

If I may I'd like to ask a question about credit card debt.

 

I have a Barclays joint mortgage with my partner, Barclays joint bank account with my partner (usually no more than £100 in it) and Barclaycard credit card in my name (owing £2600 at present). Now I'm up to date with all the payments but wanted to know if I sent the template (about the original signed aggreement for the credit card) am I walking on thin ice in respect of the mortgage and bank account being with Barclays? Would they suddenly demand that I pay all the mortgage etc so they can "fire" me as a customer?

 

From reading some of the info here should I acquire a different bank account before commencing or is the Barclaycard a seperate business in relation to our Barclays bank/mortgage?

 

Could someone please also let me know at what definitive point it is safe to stop the direct debit; ie: 12+2 days after the initial CCA aggreement request?

 

I was recently made redundant and am literally just keeping our heads above the water paying bills etc on benefits and the money saved from the credit card payment would help a little.

 

Hope I've explained my quandry and would really appreciate any advice

 

Thanks, chris.

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Hi Catuk and welcome to CAG.

 

Barclays don't have a bad reputation for retaliation.

 

If you send BC a CCA request, they WILL reduce your credit limit to around the £2,600 level to prevent you spending further. This is them stopping you increasing your debt in case you try to "ditch" it if they have no credit agreement.

 

They would not try to "fire" you re the bank a/c or the mortgage, as long as both are run properly.

 

But if you stop paying the BC a/c, they WILL take pay'ts from the bank a/c. So setting up a parachute bank a/c will be necessary if you want to reduce the BC payments.

 

Be assured, Barclaycard and Barclays are very much linked and will interact, with or without your permission. This is known as the "right to set-off". All the banks do it with their own bank and CCard a/c's.

 

If BC fail to send your credit agreement within 12+2 working days, you can stop payment.

 

In fact, in response to your CCA request, they'll send you a set of T&C's saying they've fulfilled their obligations.

 

You can send the CCA request as soon as you want, but keep paying the BC a/c until you have the B's bank a/c safely placed elsewhere.

 

Read threads in the BC forum to get a feel for what's going on at the mo. You'll learn loads. :)

 

Also see Letters A to G here which you could use due to your circumstances - http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/20758-creditors-dcas-letter-templates.html

 

Be aware that BC are hard-nosed in their approach to claims of hardship. :(

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Hi DD,

 

I actually said they DON'T retaliate, but they do react in certain ways.

 

If you have info that they DO retaliate, it would be useful if you post on thread if you can, instead of by PM.

 

Thanks. :)

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Thanks slick132 and DD, as I'm on JSA at moment have you any ideas about which banks etc are likely to let me open an account without being employed at present? It's just I've heard stories of people having difficulty doing so.

 

One other thing "this will sound corny to some-apologies", the limit on the Barclaycard is 3,600; would it be unwise/foolish to do a big foodshop one more time/tax the car and then stop using the card or?

 

Thanks,chris.

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I'm so sorry, Slick. I misread it.

 

I'm not going to put on the thread how they retaliated, but I'll pm you too, and I'm happy for you to post about it on other threads if you ever feel you need to. I just think it makes me identifiable - and we do know for sure that barclaycard watches this site. :eek:

 

DD

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Hi Catuk,

 

Surely it would be morally wrong to have a spending spree, for daily goods or luxuries, in the hope that you can ditch the debt.

 

Until you KNOW.......

 

1. That BC do not have an enforceable credit agreement, and

 

2. A court has ruled that any such agreement is unenforceable......

 

.....you should assume that all spending on the account will have to be repaid.

Edited by slick132
typo

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Hi DD,

 

Read your PM but not convinced Barclays acted in a retaliatory manner.

 

Good to have your balanced input though. :)

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Hi Slick, :)

 

I don't think Catuk wants to go on a spending spree, just to deal with stuff like car tax, because if they don't pay for that they could get their car impounded and sold or crushed - and it would be more money going out in fines. :eek:

 

DD

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Hi slick/DD, I understand the thought "spending spree" but it's truely not what I'm about.

 

I've now secured a new bank account which was my first step.

 

Gonna be an interesting few days moving directdebits and benefits from old bank to new one and try to make sure there's enough money to cover the bills.

 

I've just gone through slicks link2 thread "48 pages one" and have this one question after trying to absorb the lengthy discussion posts?

 

Do I next do a: request CCA declaration under S142(1) CCA 1974

 

or b: CPR pt 31.14 not 31.16

 

Thanks chris.

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Hi Catuk,

 

Glad you got new a/c sorted.

 

Start with Letter N from here - http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/20758-creditors-dcas-letter-templates.html

 

This is the CCA request. When they send you just T&C's or fail to respond, then you can start on the CPR strategy.

 

:)

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Continue as normal - we've yet to see how far this Stay will go.

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  • 2 weeks later...

Hello, in refrerence to sending off the initial CCA request which I understand negates BC just sending back the T&Cs and not the original CCA signed by both parties; I came across the following on getoutofdebtfree.org

 

They suggest sending three letters,10 days apart and they are as follows.Could someone comment on these as I'm again unsure whether to firstly request CCA and then CPR pt 31.14 not 31.16.

 

LETTER ONE

 

 

Your Address

 

 

Your Post Code

 

 

 

Name of Chief Executive Officer

Their Address

Their Post Code

 

CC: Contact Name Collections Department

 

Today’s Date

 

 

 

Re: Account/Credit Card Number: 123456789

 

 

Dear Mr/Ms Second Name of Chief Executive Officer

 

I would be happy to settle any financial obligation I might lawfully owe, as soon as I have received the following documentation from you:

 

1. Validation of the debt (the actual accounting);

2. Verification of your claim against me (a sworn affidavit or a hand signed invoice in accordance with The Bills of Exchange Act 1882

3. A copy of the contract signed by both parties and therefore binding both parties.

 

I hereby give you ten (10) days to reply to this notice from the above date with a notice sent using recorded post and signed under full commercial liability and penalties of perjury, assuring and promising me that all of the replies and details given to the above requests are true and without deception, fraud or mischief. Your said failure to provide the aforementioned documentation within ten (10) days, from the above date, to validate the debt, will constitute your agreement to the following terms:

 

1. That the debt did not exist in the first place;

OR

 

2. It has already been paid in full;

AND

 

3. That any damages I suffer, you will be held culpable;

4. That any negative remarks made to a credit reference agency will be removed;

5. You will no longer pursue this matter any further.

 

Please Note: I wish to deal with this matter in writing and I do not give your organisation permission to contact me by telephone. Should it do so, I must warn you that the calls could constitute ‘harassment’ and I may take action under Section 1 of The Protection from Harassment Act 1997.

 

Yours sincerely

 

Your Signature

 

By: First-Name/s: Familyname (John-Arthur: Smith); Authorised Representative

 

No assured value, No liability. All Rights Reserved.

 

 

LETTER TWO

 

 

Your Address

 

 

Your Address

 

 

Your Post Code

 

 

 

Name of Chief Executive Officer

Their Address

Their Post Code

 

CC: Contact Name; Collections Department

 

Today’s Date

 

 

 

Re: Account/Credit Card Number: 123456789

 

 

Dear Mr/Ms Second Name of Chief Executive Officer

 

I wrote to you on Date of last letter requesting the following documentation, so that I may settle any financial obligation I might lawfully owe:

 

1. Validation of the debt (the actual accounting);

2. Verification of your claim against me (a sworn affidavit or a hand signed invoice in accordance with The Bills of Exchange Act 1882);

3. A copy of the contract signed by both parties and therefore binding both parties.

 

As you have failed to provide the aforementioned documentation to validate your claim, I hereby give you ten (10) days to reply to this notice from the above date with a notice sent using recorded post and signed under full commercial liability and penalties of perjury, assuring and promising me that all of the replies and details given to the above requests are true and without deception, fraud or mischief. Your said failure to provide the aforementioned documentation within ten (10) days, from the above date, to validate the debt, will constitute your agreement to the following terms:

 

1. That the debt did not exist in the first place;

OR

 

2. It has already been paid in full;

AND

 

3. That any damages I suffer, you will be held culpable;

4. That any negative remarks made to a credit reference agency will be removed;

5. You will no longer pursue this matter any further.

 

Yours sincerely

 

Your Signature

By: First-Name/s: Familyname (John-Arthur: Smith) ;Authorised Representative

 

No assured value, No liability. All Rights Reserved.

 

 

LETTER THREE

 

 

Your Address

 

 

Your Address

 

 

Your Post Code

 

 

 

Name of Chief Executive Officer

Their Address

Their Post Code

 

CC: Contact Name; Collections Department

 

Today’s Date

 

 

 

 

 

 

 

Re: Account/Credit Card Number: 123456789

 

 

Dear Mr/Ms Second Name of Chief Executive Officer

 

I wrote to you on Date of last letter requesting the following documentation, so that I may settle any financial obligation I might lawfully owe:

 

1. Validation of the debt (the actual accounting);

2. Verification of your claim against me (a sworn affidavit or a hand signed invoice in accordance with The Bills of Exchange Act 1882;

3. A copy of the contract signed by both parties and therefore binding both parties.

 

As you have failed to provide the aforementioned documentation to validate the claim within the ten (10) days requested in my last correspondence, we are now in agreement to and have a lawfully binding tacit contract, comprising, the following terms:

 

1. That the debt did not exist in the first place;

OR

 

2. It has already been paid in full;

AND

 

3. That any damages I suffer, you will be held culpable;

4. That any negative remarks made to a credit reference agency will be removed;

5. You will no longer pursue this matter any further.

 

 

Yours sincerely

 

Your Signature

By:First-Name/s: Familyname (John-Arthur: Smith); Authorised Representative

 

No assured value, No liability. All Rights Reserved.

Edited by catuk
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Hi CatUK,

 

My advice above stands - start with CCA request (Letter N from link).

 

When they fail to produce the credit agreement in response, start the CPR route which relates to CPR 31.16.

 

Action under CPR 31.14 would be innappropriate at this stage of your case.

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  • 4 weeks later...

Hello all,

just recieved the CCA this morning. Same as everyone else's, it's the Barclaycard Conditions. And it's plainly a photocopy. "This completes our obligation to you under Section 78" was on the last sheet. As it's not the true signed agreement, am I right in now cancelling the DD on my card?

 

This was on one of the photocopies:-

 

02/04-08/04

Executive Agreements for

Gold Mastercard

Graduate Visa

IBCM Gold,IBCM Platinum

IBCM Visa

 

Platinum Mastercard

Stockton Mastercard

Student Mastercard

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If you want to withhold payment now, you could do so. Start on the CPR route as per my post #15.

 

BC will maintain that you have no grounds to do this and that they've fully complied with their obligations. They and/or Mercers will start calling you seeking payment.

 

The Consumer Forums - Debt collectors

 

The Consumer Forums - Harassment

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We were also in a similar situation with several accounts with barclays. After we sent a CCA request for one of the loans our current account was terminated approx 2 months later!

Yet they're still sending us notice of reserve fees etc!!

Halifax Current Account £1583 WON 2007:)

Egg Credit Card £1822 WON 2008:)

BarclayCard £982 WON 2008:)

Natwest Current Account £2133 WON 2006:)

IF Accounts £1728 WON 2007:)[/size]

 

MBNA CCA request sent 10.2.09

BarclayCard CCA request 10.2.09

Barclays Bank SAR 16.2.09[/size]

 

Let the games continue...:D

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I opened up a new account elsewhere as advised by the good folk on here;my bank account with Berkleys is still active but there's not a lot of coinage in there. Time consuming part was moving all the DDs etc to the new account.

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To slick and you other wizards of response;

 

First letter requesting CCA sent and they sent me the T&Cs within about a week.

 

I've now cancelled my DD for BC and I dont need to use my BC account as I opened a new one elsewhere. I've received the usual T&Cs (one at moment). My next BC DD is due around the first week in July; when this obviously isn't paid because I dont have any money in there, how long before BC send me a letter and upon such letter could someone recommend an appropiate response letter please?

 

Thanks catuk

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Hi Cat,

 

As soon as you miss a pay't, they'll be on to you with letters and calls.

 

Just a thought - be careful if you have a Barclays bank a/c. They'll dip into this and take missed pay'ts using the "Right of Offset".

 

If necessary, open a bank a/c elsewhere.

 

You'll find the letters to use here in the BC forum as and when required. :-)

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slick,

Should I close my Barclays BA completely? I've opened another account elsewhere so dont need the Barclays one. I ask because there's next to nothing in there although there is a £100 overdraft available on it. Does that mean when my next payment isn't paid they'll take it out of the B A because of the £100 overdraft available and push it into the red?

 

Thankyou.

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Hi Cat,

 

I'm not sure if they'd put you into o/d by taking a BC pay't but it's not worth the risk.

 

If you don't need the a/c, close it. They would certainly take any credit balance from the bank a/c if you paid anything into it.

 

:)

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