Totally confused - Any help please

[Alan33333]

Cannot seem to understand where iam at and could really do with help please - can someone hold our hand.

 

We have been challenging our credit card debts and sent off CCA from the site giving the 12 plus 2 days. Off five firms three replied two did not.

My query is i cannot seem to find a clear definition of next course of action.

In summary

Egg responded with a signed Credit agreement

IF responded with a signed Credit agreement

Bank of scotland responded with a credit agreement

Morgan stanley (Now Barclaycard) But handed to a debt collect agent - see below - No response

Barclaycard - simply sent terms and conditions

 

Still getting threatening letters from the two that didnt reply and one of them has handed it over to a debt collection agent - to whom we sent the CCA to. They replied saying that they had handed the debt back to Barclaycard. We have now been contacted by a different Debt collection agency?

 

Any help would be great please.

[dx100uk]

typical rep for barclays i'm affraid

 

do some reading in the barclays forum.

 

so what was the idea on sending out the cca requests? doesn't make the debt go away sadly!.

 

puts you in a good position to offer a low F&F though.

 

dx

[Desperate Daniella]

Hi Alan,

The important thing is whether the agreements, even if they are signed, are enforceable. The dates of the agreements will be relevant, and also if they are actual agreements or application forms.

There are prescribed terms which must be contained in the document (not on a separate sheet) otherwise the agreement is not enforceable (although some later agreements can be enforced by the Courts.

For running account credit, i.e. credit cards, the Agreement must state:

1. A term stating the credit limit or the manner in which it will be determined, or that there is no credit limit.

2. A term stating the rate of any interest on the credit to be provided under the Agreement.

3. A term stating how the debtor is to discharge his obligations under the Agreement to make the repayments which may be expressed by reference to a combination of any of the following:

(a) number of repayments;

(b) amount of repayments;

© frequency and timing of repayments;

(d) dates of repayments;

(e) the manner in which any of the above may be determined;

or in any other way, and any power of the creditor to vary what is payable.

You'll need to start a different thread for each account so that people who also have those particular cards can respond and help you. Explain where you are on each and if possible post up the agreement with all personal details/amounts, etc., showing, so that we can have a look. You can then send the 'account in dispute' letters if relevant.

You can also do a search for each card company and sign up for as many threads as you think may be helpful.

I don't have an Egg card but know that a number of their early agreements are not considered enforceable.

MSDW have been producing rubbish bits of agreements when they have produced anything at all.

Barclaycard keep trying to say they have complied with the requests by providing the terms and conditions (which is technically true) but they can't enforce an agreement without the original. As they seem to be avoiding sending them out we can only assume they are not compliant.

You'll get calls from Mercers and Calders - most likely - for the Barclaycard and the MSDW. Mercers and Calders are part of Barclaycard, so don't worry too much about them.

If you don't want to speak to the DCAs then just tell them they have to put everything in writing and hang up. If you do choose to speak to them just tell them you won't be paying anything until you see a properly executed credit agreement. If they keep on with the calls send the harassment letter which you'll find here.

Bank of Scotland have not sent me any sort of enforceable agreement, only part of an application form. Suggest you have a look at MillyMollyMoo's thread as it's one of the longest, and she's been seeing off all sorts of DCAs. If you hear from Blair, Oliver and Scott, they are part of HBOS.

Hope that helps a bit to start with.

Daniella

[Desperate Daniella]

Full and final as dx says, or repayments to suit you.

 

DD

[foolishgirl]

Hi Alan - welcome to CAG

 

1. Your action really depends on what you want to achieve. If you want to offer a F&F, you are in a position to get a good deal where there is no agreement. Debts are purchased for between 10%-20% of their value so base your initial offer around that.

 

2. However if you want to attempt to wipe the debt completely, on the debts where they haven't replied have you sent the non-compliance letter & put the accounts in dispute? Have you also stopped payments?

If not you need to send the letter asap. There is a template here:

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

Be aware that if you stop payments, it is likely that the OC/DCA will then default you & may take legal action. If they have no agreement, you have an absolute defence to this but you must be prepared to defend in court if you take this action.

 

3. On the agreements you have received, are you sure they are enforceable? The presence of a signature does not in itself make an agreement enforceable. If you have any doubts, I suggest you start a seperate thread for each & post up a copy (minus personal details) in the appropriate forum - Barclaycard for BC etc.

 

4. Unfortunately the debts do get passed from DCA to DCA & you have to keep writing the same letter - to the effect that the account is in dispute (providing you have sent the dispute letter!), it should not have been passed to them & no CCA has yet been produced to you so the debt is unenforceable.

 

5. Keep everything in writing, do not sign corresp. to them (print or use dig sig.) & do not be tempted to speak on the phone with any of them, they will only harass you more.

[foolishgirl]

Sorry Daniella - you beat me to it.