Jump to content
  • Tweets

  • Posts

    • Proposes know to extend the scheme from 2021 to 2022.   https://tinyurl.com/y45h6ap5   URL takes you to Government website.     .....
    • so have you paid anything since nov 2019?   surely it should be quite easy to discover their bank details. then pay what you think you owe by bacs.   not sure where you acquaint fraud with the involvement of a dca to chase you.?   totally powerless and not bailiffs.    
    • you guessed correct  safe to ignore everyone.   def never use the phone ever to any DCA they are not bailiffs and have zero legal powers on any debt, no matter what it's type   dx  
    • The firm added just 2.2 million new subscribers after a surge of sign-ups earlier in the year. View the full article
    • Hi,   Green Network Energy have been over billing my account for supply of gas since Mar 2020 for a contract that was entered into Nov 2019.    GNE were provided with an initial meter reading when the contract was commenced and it is specified in their terms and conditions that this will be used to produce estimated bills in future.   To date GNE have produced 4 inaccurate bills grossly in their favour. These bills were produced using an inaccurate opening reading provided by industry estimate, this has culminated in a final bill of over £2400.   I appreciate it is an entrenched position however GNE have recently been using a third party to repeatedly call me to provided them with meter readings. I have declined to assist them as I prefer to enforce the terms of the contract at no inconvenience to myself and because the terms and conditions include no basis for me having to do so. This is not a vendetta and has the stated aim of improving GNE's performance and treatment of customers in the future. I also openly resent being asked to perform duties on behalf of their third party particularly as they are likely billing GNE for their service.   I have disputed every inaccurate bill in writing (via email) except the first bill as the bill amount was in keeping with expectations and the error went unnoticed.   I have submitted a SAR in writing which has been acknowledged by their Data Protection Team.   There is an open ombudsman case which they have challenged.   I have taken steps to switch to another supplier as well as cancel my direct debit due to their failure to perform to the standards of the contract. It is highly likely they will attempt to deny the switch to the new supplier due to the amount owing on the account.   I am willing to pay what I owe however they have refused repeated requests for details of how to make payment.   I am considering a legal claim for breach of contract and am preparing a letter before claim. Should they escalate the unsubstantiated debt to a DCA (which they have threatened) then I will consider including damages for fraud within the claim.   I am grateful for any and all advice and am happy to answer further queries.
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Barclays response to CCA request


Please note that this topic has not had any new posts for the last 4039 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Helping a friend.

 

Has old Barclays default consisting of Barclayloan and Overdraft, defaulted over six years ago so no longer affecting credit rating but still large outstanding balance.

 

CCA'd DCA (RMA) and they forwarded the request to Barclays.

 

Had a letter from Barclays today saying "We are unable to proceed with the request as the sort code and account number are invalid, please provide correct" blah blah blah

 

RMA just wrote an account number and sort code on the CCA request we sent them and forwarded it to Barclays.

 

What do you think is the best way forward?

 

It seems to me that RMA bought the debt from barclays a few years ago but messed up by sending the request to Barlclays when they should have sent a deed of assignment and their copy of the original credit agreement?

 

Any letter templates? I don't think the generic one applies in this instance, does it?

Link to post
Share on other sites

has there been any financial transactions on either in the last six years?

try ing to understand your default comment

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

Link to post
Share on other sites

There have, yes.

 

The account defaulted in Jan 2003. Has been paying bits & pieces on and off since. Not a lot.

 

Here's the first letter we sent:

 

 

To whom it may concern:

 

I write today regarding recent conversations with your company.

 

It has been alleged by your company that I owe Barclays a sum of money, and I have been making payments that I can afford to on an irregular basis for the past few years.

 

Your company claims that I have had, and broken 16 agreements over the past few years. I do not recall ever agreeing to may a set payment on a set day of the month, every month. All I have ever done, and agreed to do, is to pay what I can afford to, when I can afford to.

 

As my income is variable it is impossible for me to ascertain a specific monthly figure that I can afford to pay each month without fail unless I consider the worse case scenario.

 

I have tried to explain this to your colleagues on multiple separate occasions only to be met with patronising threats and connotations to your company taking actions against me.

 

I spoke to your colleague last week to advise that I would be making a payment mid month. I also requested your bank details so that I could set up a standing order, to appease your whim to receive money on the same day of the month every month, despite this being a great inconvenience to me.

 

As usual, when I explained the situation, your colleague made suggestions that they would only accept a full and final payment, that they are not there to deal with accounts as old as mine etc., paying no attention whatsoever to my explanation or offer of payment.

 

Due to the continued ignorance of your company and colleagues, I hereby rescind permission for you to contact me by telephone and the owner of the telephone line rescinds permission for you to contact me on his telephone number (xxxxx xxxxxx). Further correspondence and communication must be in written form.

 

 

Furthermore, due to the fact that I never recall even taking out a debt of the size you allege it to be with Barclays Bank in the first instance, I am making a formal request pursuant to s.77/78 of the Consumer Credit Act 1974, to establish the size of the original loan if it in fact even existed as you claim it to have and establish a more accurate picture of whether or not you or I have any legal right to enforce payment out of the other in relation to any alleged debt.

 

I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the Consumer Credit Act 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you content that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b), 6, and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee for dealing with this request. Note that these funds are not to be used for any other purpose.

 

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.

 

Finally I would like to bring your attention to the enclosed income and expenditure document confirming my reasoning for being unable to stick to paying you £50 every calendar month, at the beginning of every month, without fail. I am dealing with a defaulted mortgage from Abbey National, which due to it's value, takes a much greater share of my disposable income.

 

Until the issue relating to the enforceability and alleged value of this debt has been conclusively resolved please expect to receive £xx.xx per calendar month, as suggested by the nationally recognised and approved income and expenditure document enclosed.

 

Payments will begin on the 1st October 2009 and every month thereafter until the either the balance has been paid or the debt has been shown to be non-existent / unenforceable, whichever occurs first.

 

Further harassment from your company and / or its employees will be considered a violation of consumer protection laws, the administration of justice act, the telecommunications act, and any other act governing the action you may take, and will be met with full force as permitted by the law.

 

In response to the letter from Barclays I've sent this one to RMA:

 

ACCOUNT IN DISPUTE

 

RE: S.77 Request under Consumer Credit Act 1974, dated 8th September 2009.

 

To whom it may concern:

 

I write following my letter dated 25th September 2009. I have received information from Barclays Bank.

 

Your initial request to Barclays Bank PLC did not include their reference (account and sort code) number and as such they were unable to deal with the request you forwarded.

 

Your subsequent request to Barclays Bank PLC, wherein you quoted sort code xxxx and account number xxxxxx was replied to with Barclays Bank PLC advising that the account number and sort code are invalid.

 

I have liaised with Barclays Bank PLC and they have advised me that the account number and sort code are in fact valid, and that their Complex Loan Servicing Team made a mistake. They also advised that they no longer hold a copy of the Default Notice, Credit Agreement, or any related documentation for example PPI or other loan insurance or protection documents.

 

I am writing to Barclays Bank PLC again to establish the exact nature of the situation in writing, as it stands no documentation has been provided to me confirming enforceability of this alleged debt and as such this account remains unenforceable at law and any measures taken by you to enforce the debt will be taken as unlawful and vexatious.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

(a) He is not entitled , while the default continues, to enforce the agreement.

 

It may be advisable to pass this account back to Barclays Bank PLC in this instance whilst the dispute remains outstanding and unresolved.

 

And this one to Barclays:

 

 

ACCOUNT IN DISPUTE

 

RE: S.77 Request under Consumer Credit Act 1974, dated 8th September 2009.

 

To whom it may concern:

 

I write following my letter dated 8thth September 2009. You were forwarded a request from one of your third party debt collection agencies (RMA / NCO Europe) to provide me with a signed, true, certified copy of the original credit agreement, default notice, and any other related documentation for example PPI certificate or other insurance documentation that may be related to the alleged debt.

 

You wrote to me on the 25th September 2009 stating that the account number and sort code (as per the head of this letter) RMA provided to you to assist your dealing with this request, were invalid.

 

I have since contacted your company, on 0844 811 4486. I spoke with Xxxxx on the Recoveries / DCA team. This phone call was made at around xxxxx on 29th September 2009. Wendy confirmed that the account number and sort code were in fact valid and that your system found reference to an account in my name when she entered the details.

 

As such it seems clear that your letter dated 25th September 2009, wherein you stated the account number and sort code were invalid, is in fact incorrect.

 

My request remains outstanding and until you are able to provide me with a signed, true, certified copy of the original Credit Agreement, Default Notice, and any other accompanying documentation, and the documentation has been confirmed as legally bona fide, the alleged debt remains unenforceable at law. Your being in default of my lawful request remains.

 

Any action taken by you or your subsidiaries or debt collection agencies working under your instruction or on your behalf, whilst the default continues, will be taken as unlawful and vexatious.

 

You are reminded that Section 77(6) of the Consumer Credit Act 1974 states:

 

If the creditor fails to comply with Subsection(1)

(a) He is not entitled, while the default continues, to enforce the agreement.

 

I have suggested that RMA (NCO Europe) pass this account back to you whilst the dispute remains outstanding and unresolved.

 

 

 

Is this all OK? Doing the right thing? Hints & Tips appreciated!!

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...