Fishman123 vs barclaycard ex MSDW

[fishman123]

First can I say I think this site has given me the light at the end of the tunnel in dealing with my debt. Thankyou.

 

I have a BC that used to be MSDW taken out in 2001 and have a high 4 figure debt on it. I have missed my last three payments and need to know what to do now. Would the correct course of action be a CCA request?

 

Do I understand it correctly that if no valid CCA appears I can still claim for any fees added to the account? Or would this be seen as admitting the debt?

 

Again, thanks for any help you can give me with this.

[Jan4a]

There are loads of Barclaycard threads on here you can read for help, but basically I don't think anyone ever gets their CCA from them.

 

I would send a SAR request now recorded delivery with the £10 fee then you can be reading up on it/getting advice whilst you wait for the info.

 

Others with more knowledge with probably answer your other questions.

[fishman123]

Thanks for the reply Jan.

 

I must admit the thought going through with this is very unnerving but I feel that needs must for me and my family. I feel worried but very determined to follow it through, all thanks to CAG. There are probably thousands going through something similar but do not know their rights.

 

Next step is to reclaim PPI on an egg loan and RBS loan that was paid off just under 5 years ago.

[Jan4a]

You need to do SARS to them all as a first step then. They cost £10 each but not all companies cash the £10. Northern Rock and Abbey didn't. Think Barclaycard do.

 

And definately claim back PPI - I was amazed at how much it came to when you added the interest they'd charged you onto it and then the 8% you are allowed to charge them! It doubled my claim and the interest they charged me was around 7%, some are a lot higher.

 

I'm getting the impression its easier to claim back PPI on loans than credit cards. But maybe that's because my first step with Barclaycard is to get all my statements and I suspect this will be very difficult after reading other posts on here.

[Desperate Daniella]

Hi Fishman,

 

You'll probably at some time get a copy (maybe blown up to A3 size to make it almost illegible) of the MSDW application form. (You may want to change the title of this thread to show that it's an MSDW Barclaycard.)

 

Question Number 4 on this application will almost certainly be blanked out. Clearly there is concern at Barclaycard HQ about this question as no-one as far as I am aware has had sight of it.

 

The application will be re-arranged to look as though it is one document. If you applied for PPI you'll find 11 questions in total; if not, you'll get nine - just like me.

 

There will be conditions referred to in the application form which are nowhere to be seen.

 

If you get any letters from Barclaycard/DCAs about this, just ask them about Question 4 (and if 10 and 11 are missing from your form you can ask them about those too!) .

[slick132]

Hi Fishman and welcome to CAG.

 

Spend time reading as many threads here in the BC forum as you can - you'll learn loads !!

 

Start separate threads in each forum as required, either in the bank or credit card forums, or in the PPI forum. Have a separate thread for each PPI case.

 

As advised, send a CCA request with the £1 fee. Letter N here refers - http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/20758-creditors-dcas-letter-templates.html

 

If you don't have all your statements for the last 6 years, send a SAR with the £10 fee to get them - http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-

 

If you have several creditors that you need to deal with, you should read here - Debt: Where to Get Help - Consumer Wiki

[fishman123]

Thanks Slick,

 

My head is already spinning after reading through the forums over the past week.

 

CCA request has been posted, not signed, with a £1 postal order recorded delivery. I will post the reply when it arrives.

[slick132]

Hi Fishy,

 

Yup, there's an awful lot to take in.

 

Just do what reading you can in your spare time - you'll be an expert before you know it !!

[wilkco]

Hi fish man

Have you been defaulted yet?

if not I would suggest if you can make a small token payment and send offer to make token payment letter as well. It might delay the default process as one default will badly effect your credit rating while missed payments are not as bad.

[fishman123]

Default notice was received from Mercers middle of August. Must admit I was close to burrying my head in the sand but then received two doorstep visits from Scotcall. The account number on the card left does not match the account number on the DN from Mercers though, the second stating Final Notice and court procedings if I do not contact them, both cards not in an envelope, if thats relevant.

 

I do feel very worried about all this but I am determined to fight my corner, only problem is every car that passes the house ties my stomach in knots. I do not use my house phone so no problems there and my mobile number thay have was changed years ago.

 

Still, mortgage and other debts up to date and hopefully some PPI refunds on the way should help.

[fishman123]

Received a response to my CCA request, if you can call it that. All I have had is a standard T & C's with a note that the CCA will follow, not quite sure when though.

 

I have had another letter from Mercers telling me it's not too late, act now.

 

What would be my best response? Their CCA time will be up on Friday.

 

Also, if I start a fee reclaim am I admitting to the debt and therefore not helping my case?

 

Once again, thanks for any help you can give.

[slick132]

Hi Fishy,

 

You'll probably get no more from BC - certainly NOT the copy credit agreement.

 

Ignore Mercers - or just drop them a letter saying the a/c is In Dispute, so go away or you'll be reported to the FOS.

 

Please don't be worried about passing cars, etc. Read this - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit-

 

Even if Scotcall or Power2Contact call again, they can do nothing whatsoever. Follow the advice in the link.

[fishman123]

Thanks Slick.

 

Another letter today, original T & C's. Today was the last day of the 12 allowed for the CCA, time for account in dispute letter.

 

I will SAR them aswell looking for the charges back over the years, is this a wise move claiming charges on an account you dispute?

 

As a mark of appreciation, any charges I get back I will donate 25% to this website. I would have caved in and worried sick without this.

[Jan4a]

Hi

 

I got my SAR docs from Barclaycard today - it comprised of 6 years worth of statements and that was it. From reading other threads on CAG, its all they ever send, you have to report to IC and fight for the rest. There is info on my Barclaycard PPI thread from AA about this if you need it (don't know how to do links) I'm trying to do PPI reclaim.

 

Para in covering letter says "The information we have enclosed relating to this account is all that we hold". Wonder if that means they're admitting they haven't got signed agreement nowadays instead of trying to fob people off with unsigned docs and T&C's?

Edited September 18, 2009 by Jan4a
typo

[slick132]

I will Subject Access Request them as well looking for the charges back over the years, is this a wise move claiming charges on an account you dispute?

I think this is the best way forward just now, regardless of whether the a/c is In Dispute.

 

If the CCA request time is now up, you could adapt and send the letter linked here - http://www.consumeractiongroup.co.uk/forum/barclaycard/220592-cca-request-all-they.html#post2440121

 

Thanks for the promised donation but the Site doesn't ask for so high a percentage. Whatever you can manage, when you can manage it - thanks.

[fishman123]

This debt has now been sold by Barclaycard to Lowells, even had a nice chritmas card from Lowells offering me all sorts of free gifts if I sent a small payment to them.

 

I received the notice of assignment middle of last year and so far have ingored the letters. I have now received a letter from Hamptons threatening legal action so would like some advice on the best way forward please? I have received a notice of assignment.

 

Charges are still being applied to the account with the balance still increasing even though the account was in dispute with Barclaycard. Is it time for a CCA to Haptons or Lowells asking them to prove it with a CCA?

 

I have had some PPI refund success on other settled debts and intend to offer a Full and Final on this but if this goes to court that will be out of my hands.

 

Once again, many thanks for any help.

[slick132]

Hi Fishy,

 

Although there have been some major changes since you last posted in 2009, the DCA should not be able to get a CCJ without a properly executed credit agreement.

 

So this should be you first move - to request a copy of the credit agreement from whoever is threatening legal action. You could also remind them that they need this to succeed with court action.

 

Any default charges that have been applied should be reclaimed in full, plus compound interest in restitution. Do this to reduce the debt.

 

The older the charges, the more you should be able to get refunded. Read BC **WON** success stories here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes

 

[fishman123]

Thanks Slick, have to admit I thought this had gone away and have buried my head a little but now it's back, time to get it sorted and move on.

 

A few questions though,

 

First, the charges, is that claim them back from the time I sent the in dispute letter or from the start of the card and who would I claim them from, barclaycard (who no longer own the debt) or Lowells?

 

Second, I understand the CCA request will now go to Hamptons who are threatening the action but how would I word the comment " Without a properly executed credit agreement you will not get a CCJ" without sounding as if I am egging them on, so to speak.

 

With the F & F, would I be right in thinking an offer of around 20% might sort this? I understand they would probably have only bought the debt for about 15% of the outstanding ammount, is this right?

[slick132]

Hi Fishy,

 

Use this spreadsheet and change the interest rate to 24.9% - http://www.shweb.pwp.blueyonder.co.uk/interestcalcs.xls

 

Simply enter the type of charge in the narrative, the amount and the date of each charge. This will give you a total for charges and interest. Let us know roughly how much this is.

 

You just need to send Hamptons a CCA request - http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter

 

You can add to the penultimate paragraph as follows:-

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee. Furthermore, if you do not have a properly executed Consumer Credit Agreement as defined by the Consumer Credit Act 1974, you should not attempt to take court action for recovery as, without it, the claim will be defended and should fail.

 

I believe they will have paid a relatively low amount for the debt, perhaps 5 - 15%. I would wait to see if they have the credit agreement before deciding if you should make a F&F settlement offer.

 

[fishman123]

Slick, you are a star, thankyou. CCA request went this afternoon.

 

As I said, I had buried my head a little and never got round to sending the SAR to BCard, should this now go to Hamptons as well or to BCard?

[slick132]

The SAR should go to BC as they will hold any data you require.

 

[fishman123]

Still nothing from Lowells, only a letter telling me that BC are trying to locate the CCA in the archives and when I have seen it then the full balance will become payable.

 

I have checked my Credit report and noticed something strange though. My BC entry is shown as a default in 2009 but is now showing as satisfied but there is a Lowells entry, totally different to the BC one, same default date but showing as a seperate entry, is this right?

[slick132]

Hi Fishy,

 

At least while they're searching for the credit agreement, they cannot take further collection activity.

 

As long as there's only one default marker for the debt, that is ok.

 

Do the amounts of the default markers make sense to you.

 

[fishman123]

I have now received another letter from Lowells telling me that BC cannot find the credit agreement and as a result my account with Lowells will be closed and no more contact made. Does this mean that is it or will or can they sell the debt on and it all starts again wit another DCA?

 

Is it now time for a low full and final to finally put it to bed?

[slick132]

Hi Fishy,

 

As it stands, Lowells are not even asking you for a F&F Settlement. They're backing off.

 

If you want to make such an offer at maybe 5% to 10% and Lowells accept it, you could then have the a/c marked as "satisfied" and that should be an end to it.

 

Alternatively, see if the debt is sold on and deal with another creditor in due course.

 

If you go for a F&F, make sure they state clearly what the terms are and how your CRA records will be adjusted.