barlaycard loan

[RW Fugitive]

Truecall will stop them!

 

I'll second that! RobWay used to call 3 times a day 6 days a week...not no more

[lee32uk]

I'll second that! RobWay used to call 3 times a day 6 days a week...not no more

 

I Third that I haven't had one dca call since I bought Truecall. Works better with BT Caller ID which is free also.

[Jameson78]

I have recieved a "... we have no alternative but to pass your account to a local debt collector who MAY call at your home..." bla bla bla letter

 

Honestly, with all the letters I have sent by recorded delivery, do they really think I will let someone in my home requesting payment of an unenforcable credit agreement??

 

What goes through their tiny heads? They must have opened close to 10 letters from me during the past 6/9 months, highlighting this breach and that breach and quoting this law and that law and showing all their failings and yet their latest reply is you better pay or we may send someone to your house? Yeah right!

 

I just don't understand these muppets! It seems that they just ignore everything and just send out stupid template threat letters.

 

Is it even worth sending the tea and biscuits letter: http://www.consumerforums.com/resources/templates-library/86-debt-collectors/590-letter-used-when-a-dca-threatens-a-doorstep-visit-

 

??

[debt4get]

you begin to wonder dont you? i have had more theats of doorstep collections than i can count on 2 hands, yet no one has turned up and collected my doorstep, it is still cemented in position where it has been for years. I even had mrs d, polish it for them once, but they never showed

[Bazooka Boo]

Is it even worth sending the tea and biscuits letter: http://www.consumerforums.com/resources/templates-library/86-debt-collectors/590-letter-used-when-a-dca-threatens-a-doorstep-visit-??

 

No not really, just print one off and keep it by your front door, spend the postage on sending complaints to the OFT, Trading Standards, FOS, and ignore their lame threats..

[payback68]

I have recieved a "... we have no alternative but to pass your account to a local debt collector who MAY call at your home..." bla bla bla letter

 

Hi,

 

Had all the same, several times, and i'm still waiting for the big butch debt collector to call, in fact now i want him to call if he is brave enough, lets see what happens if he does;-)

 

Regards

 

PB68.

[hungrybear]

Just remember any doorstep idiot that did turn up would be a self employed, commission only ......... person (cannot think of the right word).

 

It's unlikely one would show up anyway, just be safe in the knowledge it HIS petrol he's wasted.

 

and there's always 'kindly put anything you have to say in writing...Goodbye'

[Screwedup81]

Got a lady today who came and asked for me today from Mercers/Barclays. The lady asked if there was someone by my name living at the property. I told her no and she went on to say that she will ask from neighbours. I told her she was free to go ahead. But should they be doing this and what are my rights. I called them on Sunday but the phone got hanged on at 2pm- exactly the time that they close and 2 days later they are sending someone. I also explained to them that I was experiencing finacial difficulties but they said they didn't care and would still sent someone. And today they did....

[Jameson78]

... and...

 

you let them in...??

 

did you put the kettle on and offer a nice cup of tea and a sit down?

[hungrybear]

Wow so not only did she not leave after you answered her question but she then went on to threaten harassment.

 

You were very nice to her though I think.

[Bazooka Boo]

Sharklays are well known for their underhand abusive tactics to intimidate people.

 

What she has threatened you with their is 'Public embarrasment' and that will look nice in your complaint to the OFT, Trading Standards, Financial Ombudsman, and sharklays.

 

Ignore the frump, sorry I was trying to think of another word but CAGBOT won't allow it:D

 

You did well, by telling her that the person she was after didn't live their, but that might not work for too long, so keep that letter template by the front door, and if the frump turns up again, report her to the Police (not 999) for harassment, one call from your local Police will put an immediate stop to their antics.

 

Now get writing those letters of complaint, exactly where are you now with this account? Is it SB or did they fail to provide proof/CCA etc??

[Jameson78]

Update: Very interesting letter from B'Card offereing a 30% discount:

 

http://i896.photobucket.com/albums/ac162/jameson78/CCA_Barclaycard_AM_lettercopy.jpg

 

So i replied:

 

Thank you for your letters dated 31st December 2009

As your good self and your in-house collections department Mercers are aware, I have formally requested all correspondence to be made in writing only. I would refer you to my previous correspondence of _________ which I can confirm was received by your office on ____________

Furthermore, as you are again no doubt aware, the above accounts are currently in dispute due to an unenforceable credit agreement – Section 78, Consumer Credit Act 1974. I would refer you to my previous correspondence all sent by Royal Mail recorded delivery of ______July 2009, ______ September 2009, _________2009, and ____________ 2009.

In addition to all of the above, I would respectfully refer you to my previous correspondence of 31st August 2009 concerning my Subject Access Request, pursuant to Section 7 of the Data Protection Act 1998, which subsequently did not reveal any agreements and only monthly statements.

I would like to remind you that whilst this account is in default, you may not lawfully pursue any enforcement activities. Furthermore, all mobile SMS messages which contain threats of door step visits, home repossession and charging order threats, which puts you in breach of a number of the OFT Collection Guidelines, have been recorded for possible future use. I regard these as distressing and harassment as defined by the Protection from Harassment Act 1997.

So there can also be no confusion in the future, I believe, based on the evidence before me, at most, there would appear to be an improperly executed agreement in existence.

Finally, considering my own personal circumstances, I am no position to consider any of your three options as per your letter dated 31st December 2009.

 

 

 

 

OK - so now calls have increased (all blocked of course) and started getting funny text messages on phone to say i have won compensation and to text a number back for more details. Very suspicious...

[Jameson78]

Do you know if Barclaycard can set off funds from your Barclays bank account account if your are in overdraft?

I wonder if they can only set off funds if your current account is in credit NOT overdraft??

[slick132]

Hi Jameson,

 

I have no specific authority to confirm this but I think it would depend on whether you had an authorised o/d or not. They should not take from your current a/c and leave you with an unauthorised o/d.

 

But I think they COULD take from your a/c if this leaves you WITHIN your o/d faciltiy.

Edited January 25, 2010 by slick132
removed part of copied post, not related to this thread

[Jameson78]

Slick,

 

This is what i found :

 

"...the firm can transfer money from an account that is in credit in order to make payments due on another account. But it does not have to do this."

 

banking: firms' right of 'set off'

 

Does "in credit" mean no overdraft because that would obviously be overdrawn? What is your interpretation of this? Any clearer? Thanks

[slick132]

Hi Jameson,

 

I've moved your posts from TFD's thread into a new one, to avoid further hijacking.

 

Instead of us talking theoretically, can you just confirm exactly what it is that you want to check on.

 

The FOS pages don't clarify the situation in great detail and there are various scenarios which could apply.

[Jameson78]

Thanks Slick. Often you get so into a thread that questions arise and you forget to start a new thread and inadvertently hijack the thread.

My thinking is that if your current account is in agreed overdraft, then it does not count as being in credit. It's overdrawn, plain and simple. When the account is overdrawn the bank can not off set funds to pay the arrears of a CC debt.

In other words, the overdraft is a type of agreed loan from your bank and I assume it is not good practice for the bank to use a loan to pay off a debt.

When the current is in credit, then I can see how they can off set your in credit funds.

Once again:

"...the firm can transfer money from an account that is in credit in order to make payments due on another account. But it does not have to do this."

Another way of looking is a BC MasterCard which is fully up to date, no problems is used to off set funds on a BC visa which is in arrears. That just wouldn't happen. An overdraft current account surely would be something similar as it is a form of agreed credit.

My own situation is that I have a rather large agreed overdraft which I am in for around 20 days in each month. As long as I stay in overdraft and deposit a little here and there so as to not trigger closer scrutiny then I hope to be ok as the bank would not be able to off set funds to pay the BC arrears.

Thoughts please??

[slick132]

I have sought advice from the Site Team and there is concencus that no Set Off should be made which would create or add to an unauthorised o/d.

 

My personal feeling is that they could make a Set Off using funds which leave you within an authorised o/d, ie you remain within your agreed banking facilities.

 

However, according to the FOS comments on the matter, they DO refer to an a/c being in credit.

 

If your a/c was o/d when BC took the Set Off, I would approach BC and challenge their use of Set Off saying this goes against FOS policy.

 

Better still, speak to the FOS first and ask for their view on the matter.

 

But even if the FOS rule in your favour, I assume BC would just be more careful and take money from your a/c when it is in credit.

 

Is the BC a/s in dispute for CCA request reasons, etc.

 

Have you reclaimed any penalty chgs which BC have added to the a/c.

Edited January 26, 2010 by slick132
typo

[Jameson78]

Thanks to this site, my BC account has been in dispute since July 2009.

I will stick with the FOS guidance on this matter. Thanking you once more.

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/221370-barclaycard-trying-blow-me.html

[slick132]

Please approach the FOS about this and let us know what they say.

 

[Jameson78]

Will do.

[theformerdebtor]

Great thread.

 

I am like, in the same position atm.

 

Good luck.

[theformerdebtor]

Vint,

 

This is the reply I sent them, to which they replied as in my 1 st post above:

 

 

Thank you for your letter of ___________ the contents of which have been noted.

 

I would like to raise a number of inconsistencies in the information provided.

In paragraph 4 you refer to section 7 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. Whilst your comments are mostly accurate in isolation, I would draw your attention to paragraph 1 of section 7 which states:

 

(1) Where an agreement has been varied in accordance with section 82(1) of the Act

The relevant section of the act being:

82. — (1) Where, under a power contained in a regulated agreement, the creditor or owner varies the agreement,

 

The implication of this section of the act being that modification of the agreement can only take place where the prior version of the agreement makes provision for such an amendment within its terms. Ultimately the authority to amend an agreement must refer back to such a provision within the executed agreement. In the absence of such a provision, or the inability to authenticate such a provision, subsequent, modified agreements are invalid.

Furthermore, Section 7 paragraph 1 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983, goes on to say:

 

(1) Where an agreement has been varied in accordance with section 82(1) of the Act, every copy of the executed agreement given to a debtor, hirer or surety under any provision of the Act other than section 85(1) shall include either—

 

This paragraph clearly places a duty upon the creditor to provide a modified agreement (copy of) as an inclusion to a mandated provision of a copy of the executed agreement.

In paragraph 7 of your letter you refer to a high court interpretation of an executed agreement. However, I feel that the Consumer Credit (Agreements) Regulations 1983 offer a more than adequate description of such an agreement and doubt that any ruling would vary the provisions of these regulations.

In section 9 you refer to a copy of an application as evidence of signature. I am confused by this as you have not sent me a copy of any part of an application form. In fact you did not send me any document bearing my signature, in copy or otherwise.

 

With regard to the contents of the final paragraph of your letter, and giving due regard to the above, it remains my belief that you have failed to comply with either the spirit or the intention of the relevant legislation.

 

In summary, I cannot accept your explanation relating to the documentation supplied in response to my s78(1) CCA request. It remains my contention that Barclaycard are still in default against the unabridged requirements of the act.

 

Until such time as Barclaycard comply with the true expectations of the relevant legislation I will continue to acknowledge no debt to Barclaycard in respect of the above account.

 

Should Barclaycard continue to enforce the alleged agreement in violation of s78(6) of the act, then I may consider seeking redress under the Data Protection Act 1998. Additionally, I may consider it appropriate to serve an injunction upon Barclaycard to prevent any such data processing and rectify any prior processing whereby a violation of section 10 of the Data Protection Act 1998 is considered to have occurred.

 

Although at this early stage, I wish to avoid the involvement of the Financial Ombudsman, which would maybe incur an investigation fee of £400.00 on your part, regardless of the outcome of such an investigation, I may take further action, at my own discretion and on the advice of my legal advisors.

 

 

I look forward to your reply.

 

 

 

 

 

 

 

As you can see, I have warned them I would contact the FO. Do you feel I should or still send them your copy example giving them a further explanation of why they have not complied including legal cases as you have set out and a final 7 days to comply? Remember, including yours, this would be my CCA request letter and a further 3 replys. Thanks

 

 

Hi James.

 

What did actually BC replied to u when u sent them this letter. I am at the moment like in the same position and i am thinking to send this letter to them as well.

 

Thanks

[Jameson78]

Hello

 

I informed Barclays that the loan agreement does not conform to s61(1) and would therefore only be enforceable by order of the court under s65 of the act. However, because there is no no sig, a court would be prevented from enforcing it under s127(3).

 

 

Barclaycard response:

 

"We have noted your comments regarding the copy of the exectued agreement we have already provided. However we would refer you to the definition of "copy" within s189 which states that "copy" shall be construed in accordance with s180. Section 180 states "Regulations may be made as to the form and content of the documents to be issued as copies of any executed agreement...and may in particular...authorise the omission from a copy of certain material." The Consumer Credit (Cancellations and Copies of Documents) regulations 1983, do just that. Regulation 3(2) states "There may be omitted from any such [true] copy.. any signature box, signature or date of signature."

Consequently I am unable to uphold complaint.

 

Is this legalese baloney or are they correct that no signature is now deemed as enforcable??

 

 

What's my next move??

[dx100uk]

you need to either post in the barclays forum or go there and do some reading

 

that typical for BC they believe they are above regulations.

 

dx