Barclaycard Cabot Harassment for old Barclaycard debt - in scotland - Please help

[IdaInFife]

 

 

telephone harrassment:

 

Your Street

Town

City

Postcode

 

DATE HERE

Company Name

Road

Town

City / County

Postcode

Re: Harassment by telephone

 

ACCOUNT NUMBER: XXXXXXX

Dear Sirs

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to, FOS, OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded.

 

Yours faithfully,

 

[NAME HERE]

 

 

ida x

[IdaInFife]

I'm not sure you're correct to tell them 'account in default' if they have supplied a CCA request, enforceable or not. Hit them with this, from section 65 of the Act itself:-

 

65(1) Consequences of improper execution.

 

An improperly-executed regulated agreement is enforceable against the debtor or hirer on an order of the court only

 

 

+ 1 to what Ida says, cos I had both sets of b******s on my back. I got the local Trading Standards involved and they paid them a visit and they shut up after that.

 

 

they haven't produced any agreement, that's why it's still in dipute, if they supplied and agremeent with a prescribed term missing or sig etc that's a bit different

 

ida x

[EquityBalance]

I found this address works fine:

Barclaycard Company Secretary

C/O Barclaycard Customer Service

Barclaycard House

PO Box 5592

Northampton

NN4 1ZY

[FlyboyAgain]

they haven't produced any agreement, that's why it's still in dipute, if they supplied and agremeent with a prescribed term missing or sig etc that's a bit different

 

ida x

There are people on this forum who appear to disagree with the last part of your statement, Ida, though I am in complete agreement. I'm sure I have asked before for clarification on this but can't seem to recall anyone other than The Shadow confirming this. I think it's quite important because my old bank tried to trip me up over it, asking why I thought the account was still 'in dispute' after they had sent what they had. It's crucial that the 'in dispute' term is made clear; perhaps the legal bods on the site team can clear this up.

[24233513afw]

Hiya

Wee update foryou all...another letter from FOS advising that they are ready to contact BC regarding charges to get their side of the story-whatever that maybe.. Sent Calder telephone harrassment letter but they are still calling everyday but only twice a day instead 6 times a day so I suppose its a bit of a progress. Will keep you all updated as sson as Ihear anything.

AFW

[IdaInFife]

if you have snet te harrassment letter, keep a notebook at the side of the fone and starting logging dates and times of calls

 

ida x

[24233513afw]

Hi Ida

Started to list the calls as you told me befores sometimes I do forget with hubby not being to good but most of the calls are listed do I send the list to anybodyto deal with harassment.

Cheers Ida

AFW

[IdaInFife]

Oft

[dundeelaw]

Use this Address to write to Barclays/Barclaycard. Let them Pay for your Postage. It is also their Head Office Address.

 

Customer Relations

Barclays Bank PLC (Also includes Goldfish Cards & Loans)

1 Churchill Place

FREEPOST

RTLA-CSUE-TCHC

London

E14 5HP

 

If you ever take action through the Scottish Courts, all you have to do is provide the address of a Barclays Branch in Scotland for the Court Papers to be sent to for your local Sheriff Court to have Jursidiction.

 

Remember that on December 1st 2009, The Scottish Court Procedure will change. From that Date, the Court will only enforce a Credit Agreement if the "Original" Signed Document is provided in the Summons or Defence.

 

If you want to Challenge any Agreement (Like Me), wait til that date.

 

Remember also, Your Agreement plus all of the terms and conditions relating to APR, Charges etc have to be on the same page as your signature for it to be valid.

[EquityBalance]

Hi DundeeLaw - Just a thought, but I would always have any correspondence of this nature sent via recorded mail to ensure that it was received. It strengthens your case overall and only costs 75 pence per letter.

[Becca00]

Just been reading your thread with interest. I am also going through this with Barclays having initially made a cca request last December. Been passed around to Mercers, Calder and a Scottish dca (can't remember their name off the top of my head) with threats of door step collecters and hundreds of phone calls. All went quiet around 8 weeks ago so I'm just sitting tight and waiting to see what happens next. Appears to be great news about the December 1st thing.

Will keep watching your thread to see how you get on.

[rickyd]

Dundeelaw - won't Barclays, being ostensibly based in England, have their contracts written under English law?

 

I don't know how relevant this is but it's something I often think about since i looked at the small print on my RBS credit card agreement. It clearly states that the relevant law is the Law of England and this despite them being the Royal Bank of Scotland ?

 

Any ideas?

[Becca00]

Ricyd - a while ago in my Barclaycard thread I asked about whether I would have to go to a court in England if it came to court action and I was advised by Slick who is a member of the Site Team:

"If you or the bank start court action and a defence is filed, you would seek and get a transfer of the case to your local county court. This is where the case would by run from and where any hearings would be held"

 

Hope this helps.

[rickyd]

that's fair enough, but what if you started the case in Jersey for example?

 

I'm sure it's straightforward enough but I wondered whether the different jurisdiction would make any difference. If it doesn't I can foresee a lot of cases heading this way following the December 1st change in procedure.

[FlyboyAgain]

Dundeelaw - won't Barclays, being ostensibly based in England, have their contracts written under English law?

 

I don't know how relevant this is but it's something I often think about since i looked at the small print on my RBS credit card agreement. It clearly states that the relevant law is the Law of England and this despite them being the Royal Bank of Scotland ?

 

Any ideas?

 

 

What difference does it make? We are dealing with, mainly, the CCA 1974.

[rickyd]

I know, but given the changes due to arrive in Scotland in December doesn't this create an interesting factor relating to the degree of proof required to complete a case? All I'm asking is if this will strengthen the consumers position and make life more difficult for the lenders (at least in Scotland) if everyone suddenly decides to start their cases here?

 

I wouldn't be at all surprised if buried in the detail there's a time limit, it isn't retrospective or only applies to Scottish contracts or those taken out at Scottish addresses. It would be like having different rates of VAT/Income Tax/IHT etc between the two countries.

 

Look at the chaos we have with the current healthcare post code lottery for prescribing drugs/prescription charges etc.

 

I know this government aren't exactly the best at framing legislation, but this looks like a disaster waiting to happen (unless they have decided to nudge more cases through the Scottish courts to relieve pressure on English courts?

 

I guess we'll need to wait and see.

[24233513afw]

Hi Folks

 

SUCCESS AT LAST

 

Wee update on Barclaycard Charges, wrote to FOS and they have just replied with an offer of the charges from Barclaycard Credit Card.

They are going to pay full charges I asked for this now only leaves a balance of a few hundred pounds on this account which is absolutly great news to us.

Although they still haven't came up with the CCA that we requested for this account so I am in a bit of a tizzz on whether to sign up with an arrangement for the balance or let them sing for it....after all the worry they have put us through with their threats (but maybe they are not good singers though).

 

PLEASE DONT GIVE UP TRYING I MUST ADMIT I NEARLY DID, IF IT WASN'T FOR ALL YOU GOOD KIND PEOPLE ON HERE I THINK I WOULD HAVE THROWN THE TOWEL IN LONG BEFORE NOW.

 

Cheers

AFW

[IdaInFife]

well done AFW

 

ida x

[24233513afw]

Hi

 

Have been getting inundated with phone calls from Cabot Financial over the past week - 10 days couldn't understand why - until a lovely welcome letter arrived on friday stating that the have been assigned my alleged Credit Card Debit.

 

This Credit Card Debit iswith Barclaycard and we managed to get the charges back but still left a balance, however Barclaycard never ever sent us a copy of the CCA that we requested they had only sent us a copy of T & C which Ida had confirmed where unencforceable, did send a letter to BC stating this but they were adament they had complied....that was away back in June 2009.

 

Never heard a dickybird from them since June 2009 until last Friday when a letter from cabot arrived not quite sure how to reply Cabot regarding this alleged account as BC have not provided a enforceable CCA.

 

Can anybody help comply a letter to Cabot regarding this alleged account.

 

SHould I send another CCA request with £1 P.O. to Cabot

 

They are asking me to contact them to arrange a payment plan

[GeoffreyAlby]

Id reply with a letter along these lines....

 

http://www.consumeractiongroup.co.uk/forum/content.php?426-A-letter-when-the-account-has-been-passed-to-another-debt-collection-agency

 

 

The account is in dispute , no debt is acknowledged, therefore they can not sell the account on to someone else...

[firstship]

I am aware it is an absolute pain,

with the ping pong with Barclaycard and DCAs..

.......the letter GeoffreyAlby indicates is the best to keep using....

 

 

.......if it is any help I am 18 months down the road with BC and DCAs still no agreement

,complain to OFT/FOS,

 

 

how long since you paid anything or acknowledged the debt???????????????????...

........you will probably reach the stage when BC ask YOU to prove why you should not pay them even though they cannot produce an agreement,

 

 

they really have a neck and still get away with ignoring the OFT/FOS guidelines,

we will win,i

n the mean time keep sending the account in dispute letters...............FS

[24233513afw]

Many thanks GeoffreyAlby and firstship. Letter on its way, will keep you informed.

 

Cheers

[firstship]

Good luck...............fs

[Bigdebtor]

Hi

 

Have been getting inundated with phone calls from Cabot Financial over the past week - 10 days couldn't understand why - until a lovely welcome letter arrived on friday stating that the have been assigned my alleged Credit Card Debit.

 

This Credit Card Debit iswith Barclaycard and we managed to get the charges back but still left a balance, however Barclaycard never ever sent us a copy of the CCA that we requested they had only sent us a copy of T & C which Ida had confirmed where unencforceable, did send a letter to BC stating this but they were adament they had complied....that was away back in June 2009.

 

Never heard a dickybird from them since June 2009 until last Friday when a letter from cabot arrived not quite sure how to reply Cabot regarding this alleged account as BC have not provided a enforceable CCA.

 

Can anybody help comply a letter to Cabot regarding this alleged account.

 

SHould I send another CCA request with £1 P.O. to Cabot

 

They are asking me to contact them to arrange a payment plan

 

I think the ruling last November 2009 by Scottish Sheriffs about the claimant either having to show or "aver" they have an enforceable CCA might protect you? - see Ida's earlier thread on this.

 

Funnily enough I've had exactly the same from Cabot very recently - loads of recent calls out of the blue to my (company) mobile. I spoke to them and they actually have an address which I haven't ever lived at. They won't tell me who the OC is and claim I owe THEM (not an OC) the money - but won't give me any more details unless I give them a current address - and a non business phone number (AYE - RIGHT!).

 

I have refused to give them this - and have told them any OC should know where I live - but they say they'll just continue to ring my company mobile unless I give them other contact info. However I'm a bit worried of ending up with a CCJ (or Scottish equivalent) since any court papers sent to a wrong address won't get to me - a tactic seemingly frequently adopted by Bryan Carter/Frederickson/Egg?

 

Does anyone know if Cabot use the same tactics?

 

I know I could probably get any such judgement set aside if they use a wrong or out of date address - but what about my refusal to give them an up to date address and home phone number? Would this prejudice my chances of getting it set aside?

 

Would the Nov 2009 ruling on them "averring" they have an enforceable agreement perhaps stop it going to court at all?

 

I've also got a couple of older debts fast approaching the Scottish 5 year SB date. - and this might relate to one of these. Would any court judgement before the 5 years are actually up prejudice this SB protection even though I've made no payments or admitted the debts for (nearly) 5 years at present? I intend to sit it out until after 5 years if I can, but Cabot might screw this up if they act fast enough.

 

If Cabot are contacting loads of new debtors then it might suggest they've bought up some old (unenforceable?) debts. Anyone else add weight to this theory? Who was your OC?

 

Any advice please as to how I should proceed with Cabot right now?

 

BD

[24233513afw]

Hi BF

 

Not too sure how you should tackle this one,

hopefully somebody more experienced could chip in.

 

 

My OC is Barclaycard.

 

I just won a case in the scottish courts in September

part of my defence was regarding the new scottish Act of Sederant law for the Sheriff Court

where the creditor has to aver to there being a enforceable CCA

 

 

my case was against Creation Finance and they did not aver in their particulars of claim on the citation

 

 

so with lots of help from Seriouslyfedup,

 

 

Ida on here we sent them away with their tail between their legs.

Cheers

AFW