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    • 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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    • Hi, Few days ago my car was taking by Tower Hamlets for parking in a single yellow line. The contravention time states in the PNC from 10:50 to 10:56. Is it possible that they can take my car just for 6 minutes contravention? Is possible that due to the COVID-19, I can challenge that PNC? My neighborhood is always full of cars and there are not enough parking spaces, so everyone parks in a single yellow line if there is not any parking spot available. I do not hold a parking a parking permission. I was not able to apply for it due to the covid.  Any help? Thank you very much.
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waterminx

Barclays Additions Overdraft

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Hi

Am aware of the CCA and SAR routines regarding Credit Cards but I also have an overdraft and Barclay loan with Barclays which is in trouble and am not sure if the same rules apply.

 

I sent a Credit Agreement request letter to Barclays re the Additions account I have - which has an overdraft on it - and my B/loan.

 

They havent responded to anything regarding the Additions account. They merely continue to send 'red' letters and ignore my correspondence completely. Now they are calling - regularly.

 

As far as the b/loan is concerned they responded with a printed copy agreement -I took the loan out in March 08 over the phone so there was nothing signed. I am alittle aggrieved at the selling of this loan to me - I was clearly in trouble even then but they offered it to me when I asked for an increase in my overdraft. They wouldnt give me an extra 1k on my o/d but they offered me a 4k loan instead.

 

I digress.

 

I have also sent an SAR to them for both but dont have great expectations, frankly.

 

So - questions are:

 

1) Are bank accounts covered by the same rules as CCA's? Did I do the right thing?- are my accounts now in dispute in the same way as a credit card?

2) Do I follow the 'Dispute' route now???

 

or is it all something different completely?

 

Getting there, slowly....

 

Minx

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bank accounts are not covered by cca.

 

you can contimue down the reclaim charges route

 

ida x


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ok - I understand that CCA doesnt apply - I am aware of that - but surely there should be some written, signed agreement wrt my repaying an overdraft - and a barclay loan?

 

After all - the b'loan side responded with an unsigned print out of t'c and c's.

 

Also - are they not obliged to respond to my SAR? Or at least return the bloody money?

 

Will surely go down the charges route asap.

 

Thanks

minx

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no signed agreement, would just be added to terms and conditons of the bank account.

 

yes they have to respond to your sar, when did they receive it?

 

ida x


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Ah yes - that makes sense.

I am peeved with them mightily because I contacted THEM in January advising them of my difficulty. Since then, with the exception of noting my new address, they have chosen to ignore the content of EVERY letter I have sent them since (8 or more).

 

They have simply sent me their bog standard demand letters, statements etc, refused to freeze my account in terms of charges and interest, and now are hounding me daily by phone! All the time they those bloody OFT letters telling me 'Dont ignore the problem' and 'Contact the organisation you owe money to'.... aaaarrrrggghhh. Wheres the bit that tells THEM not to ignore US???

 

Sorry, its just driven me up the wall!

 

So - SAR sent on 9th and delivered on 13th July. So times up next monday by my reckoning.

 

Cheers for any help!

 

Minx

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