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    • This is more than helpful. Thank you so much. I will get the cca done tomorrow and post the reply from them for what to do next. Thank you all again. 
    • 12+2 working days.   a dca can't hurt you credit file any more anyway.   only the original creditor can issue and register a default, on or before the sale of the debt.   what the dca put in the calendar section is immaterial as only you and them can see it it does not extend the 6yrs period whereby the debt shows on your file and after which the 6th defaulted date's birthday causes the whole file to removed regardless to paid or not, paying or not......makes no odds. it still goes, but might still be owed mind, depending upon the contents of the CCA return.   dx  
    • Hello   I agree with dx100uk.   Send them a CCA request which is a request for them to produce the original agreement that gives rise to the debt.  They have a limited amount of time (I think around fifteen days) to send you the document.   Here are the possible follow-ons from that:   1. They don't respond within 15 days and so you are legally entitled to stop paying until they do send a response. 2. They send a letter saying they have gone back to the original creditor to ask for the document and they need more time.  You (legally) stop paying after fifteen days and don't pay them again until they send proof. (This is the most likely first response as they wont have any of your documentation as they bought your debt as part of 1000 others on a spreadsheet on a CD ROM or USB stick). 3. They send you something that looks like a contract or which might be something else that they want you to think is the contract within the time frame.   After either of the above  whatever they send you should be referred back here for an assessment as they will often send you unsigned documents or made up bits of nonsense.  Even if the contract turns out to be the genuine one it still might not be enforceable due to errors made by the creditor at the time of signing.   The only potential downside to the above is that they could try to damage your credit record but probably it is as much damaged as it can be by this debt already so nothing else they can do will make it worse.   Following on from the above you can continue to not pay them.  I would setup an on-line savings account and pay yourself the money instead which has the advantage of creating a resource in case you need to resume payments in the future.   They may send you further letters either inducing you to resume payments by threat or by offering you a deal.  If the document is not valid then the only deal you need to take is the one you unilaterally entered into at T plus 15 days when you agreed with yourself not to pay them another penny.   It is not impossible that they will send you a letter saying the debt is unenforceable (miraculously I have actually seen one!) and asking you to pay anyway which you will of course ignore as you should not be giving any member of this low life industry any encouragement.  
    • I agree and I've no doubt that will happen in the future, but if a court claim is issued and a ccj successfully registered against the debtor then it will never be sb anyway, so are we more likely to see more court claims in the future ?      Can it not work both way though, if the sb date is ultimately aligned to the date of the default notice, essentially giving the creditor 6 years to collect or issue a court claim then regardless of when the debt was last acknowledged / payment made, a debtor could just tell the creditor to eff off after the 6 years is up, figuratively speaking     
    • Received acknowledgement of defence submission from court. VCS now have the option of continuing their claim or not. Watch this space !!!!
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whu1

Barclaycard - Calder Financial

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Just received a letter from Calder Financial demanding payment from recent default notice. I am currently in dispute with Barclay card and requesting original copy of agreement. They have ignored most correspondences thus far from me. Looks like this crowd are a collections and legal debt recovery firm.

 

Basically they mention that I have not compiled with recent default and that my current balance will continue to accure interest and statements will no loner be sent out to me.

 

They also mention that they let credit agencies know (even though it is dispute).

 

Lastly they say if an agreement is not reached by 10th July 2009 a debt collector MAY call OR legal proceedings MAY be taken against me.

 

Anyone dealt with this crowd before?? I will be sending a letter to explain the account is in dispute etc etc.

 

Any advice most welcomed

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The key word is "May" be taken against you......

 

Send off the letters and see what comes back. Also notify them that they are not to ring you or visit you - only written correspondence is acceptable.

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edit this to suit to send to Calder:

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007. Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be resolved on **DATE**, this obviously hasn’t happened. As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter. I look forward to hearing from you in writing.

Yours faithfully,

 

 

Ida x


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Just received a letter from Calder Financial demanding payment from recent default notice. I am currently in dispute with Barclay card and requesting original copy of agreement. They have ignored most correspondences thus far from me. Looks like this crowd are a collections and legal debt recovery firm.

 

Basically they mention that I have not compiled with recent default and that my current balance will continue to accure interest and statements will no loner be sent out to me.

 

They also mention that they let credit agencies know (even though it is dispute).

 

Lastly they say if an agreement is not reached by 10th July 2009 a debt collector MAY call OR legal proceedings MAY be taken against me.

 

Anyone dealt with this crowd before?? I will be sending a letter to explain the account is in dispute etc etc.

 

Any advice most welcomed

 

If the account is in dispute, have you sent them an s10 notice under Data Protection Act.

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Calders and Mercers are actually trading names of Barclays.

If you look at the small print at the bottom of your letter you should see this. Barclays like to pretend that they have passed you onto to a fierce DCA, but in fact it's a shabby little game they play.

Don't be fooled by them.

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Just received a letter from Calder Financial demanding payment from recent default notice. I am currently in dispute with Barclay card and requesting original copy of agreement. They have ignored most correspondences thus far from me. Looks like this crowd are a collections and legal debt recovery firm.

 

Basically they mention that I have not compiled with recent default and that my current balance will continue to accure interest and statements will no loner be sent out to me.

 

They also mention that they let credit agencies know (even though it is dispute).

 

Lastly they say if an agreement is not reached by 10th July 2009 a debt collector MAY call OR legal proceedings MAY be taken against me.

 

Anyone dealt with this crowd before?? I will be sending a letter to explain the account is in dispute etc etc.

 

Any advice most welcomed

 

is it a default notice or notice of default

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