theformerdebtor vs Barclaycard **won** now sold to lowell **NO CCA**

[slick132]

I actually raised this specific issue with the Site Team in September.

 

I was told that the ICO (who deal with Data Protection and SAR related issues) will not deal with matters relating to credit agreements as these are covered by the CCA1974.

 

Try the FOS and see how it goes.

[theformerdebtor]

Thanks again slick132.

 

Is there any template letter to send to FOS or do i have to do it in their way? U know, ring them and they will send the papers.

[slick132]

See here - http://www.consumeractiongroup.co.uk/forum/barclaycard/231901-tony3x-barclaycard.html

 

[theformerdebtor]

Just receive these in the post this morning

 

 

 

 

Edited December 2, 2009 by theformerdebtor

[slick132]

Write a letter to BC and to Nelson Guest confirming that a formal complaint has been sent to the FOS on xxdate, concerning BC's refusal to provide the credit agreement.

 

Accordingly, the a/c is in a clear and serious dispute and, if they make any further collection attempts, phone calls etc, you'll report them to the FOS for breach of the OFT Guidelines on Debt Collection.

[theformerdebtor]

Thanks slick132

 

l will send everything tomorrow. Thanks

[theformerdebtor]

Ok. I hope u guys all had a great Christmas and a better New Year.

I complained to the FOS and I receiver their first response, like usual, we have to give the chance to Barclaycard, in 8 weeks to solve the matter if not, to send everything back with the new documents. This are the letters that i received in the post, all this time in the following order.

 

http://i831.photobucket.com/albums/zz236/himenator/Image2.jpg

http://i831.photobucket.com/albums/zz236/himenator/Image3.jpg

http://i831.photobucket.com/albums/zz236/himenator/Image4.jpg

http://i831.photobucket.com/albums/zz236/himenator/Image5.jpg

http://i831.photobucket.com/albums/zz236/himenator/Image6.jpg

 

 

and the last one from Barclaysharks

 

http://i831.photobucket.com/albums/zz236/himenator/Image7.jpg

http://i831.photobucket.com/albums/zz236/himenator/Image71.jpg

Edited January 25, 2010 by theformerdebtor

[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.

 

Hi TFD,

 

Have you complained about BC taking money from your a/c, or about them not supplying a copy of your credit agreement. Or perhaps both.

 

There is more to read here about protecting your money from being Set Off - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/36790-bank-taking-your-benefits.html#post289030

 

My understanding is that a Letter of Appropriation applies to any money being paid into your account and not just Benefits. So you could write to the bank pointing out how much of your money being paid in is required to pay priority debts.

[slick132]

I've moved Jameson's posts from here to avoid hijacking.

 

The thread is here - http://www.consumeractiongroup.co.uk/forum/barclaycard/244092-jameson78-bc-re-set.html

 

[theformerdebtor]

Hi Slick.

 

I did complain about both. For taking the money without inform me first and about their refusal to produce credit agreement. BC said that about making sure there is money left for direct debits plus 100. None of this are thruth. How about the other expenses? There is no DD for rent. I am paying the rent at the post office but they just took the money so, i didnt paid it. Now we are behind thanks to them. They should send a letter like this before to take the money, to give u time to answer back if have something to say.

[slick132]

Jameson found a good link about this on the FOS Site - http://www.financial-ombudsman.org.uk/publications/ombudsman-news/40/40_setoff.htm

 

I suggest you send a Right of Appropriation letter to the bank before you pay in any more, to avoid them helping themselves further.

 

Better still, open a bank a/c elsewhere.

 

See how the FOS respond and, if you get any more collection letters from BC or Mercers, Nelson Guest or anyone else, send them a note of the FOS complaint ref. no. and tell them to back off.

Edited January 29, 2010 by slick132
reposted link

[theformerdebtor]

Jameson found a good link about this on the FOS Site - banking: firms' right of 'set off'

 

I suggest you send a Right of Appropriation letter to the bank before you pay in any more, to avoid them helping themselves further.

 

Better still, open a bank a/c elsewhere.

 

See how the FOS respond and, if you get any more collection letters from BC or Mercers, Nelson Guest or anyone else, send them a note of the FOS complaint ref. no. and tell them to back off.

 

 

Thanks again, Slick. Ive read last night about that on FOS site.

 

I did try a few times to open that Right of Appropriation letter but, the link didnt work. Or is not a link, just comes up as a link!!!

 

I did open another bank a/c with another bank .

 

Now u suggest i should send everything back to the FOS. Ok.

 

Thanks Slick.

[slick132]

See here for the Rights of Appropriation ltr - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/36790-bank-taking-your-benefits.html#post289030

 

[theformerdebtor]

Got it Slick.

 

Ta

[theformerdebtor]

Just another thretening letter from the Lovely Wescot

http://i831.photobucket.com/albums/zz236/himenator/Image8.jpg

[theformerdebtor]

I am looking to send the bellow letter to Barclaycard.

 

Can anyone have a look and let me know if i have to do some changes please? Thanks.

 

 

"Regarding the return letter for FOS, i am still dont know how to do it. I am thinking of it yet."

 

 

 

 

Dear sirs,

 

Re account no xxxxxxxxxxxxxxxxx and my request under the Consumer Credit Act 1974

 

I write with regards to the above account number.

 

I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as I have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.

 

Obviously if the agreement is improperly executed I would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

 

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore a copy of an application will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances

 

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

 

I do not view this as an unreasonable request given that by supplying the document which I have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

 

I look forward to your reply and would ask for a response by 4pm on the xxxxxxx give them 7 working days 2009

 

Yours sincerely

[slick132]

I would not send a CPR 31.16 request for 2 reasons:-

 

1. The case is being considered by the FOS, who may well get BC to send the doc't.

 

2. The CPR request is usually ignored by BC or taken by them to be a further CCA request.

 

3. Taking proactive action using CPR is now far more risky after the Manchester rulings by Judge Waksman.

 

[theformerdebtor]

Thanks Slick.

 

What is that about in point 3 please? I didnt hear about it.

[slick132]

You need to spend a bit more time reading if you haven't heard about the Manchester Test Cases.

 

See the first few pages here - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/240186-dissecting-manchester-test-case-new-post.html

[theformerdebtor]

I am on it.

 

There is that many to read in here....u will never read everything!!!

 

Thanks Slick.

[theformerdebtor]

hello everyone and welcome back to my thread.

 

I took a long break from everything, as you can see for about 2 years. So far so good nothing happened really. The debt is now with Lowel.

 

I have this credit card from Barclay's and, everything i have done i couldn't get my credit agreement. I even involved the FOS. All they got for me was a signed application form. Same was with the SAR.

 

Not sure what to do now. I was thinking at a f & f settlement offer. I've seen lots of threads here about this most of them ending successfuly.

 

Any advice is really appreciated.

 

thanks guys

 

TFD

[slick132]

Hi TFD,

 

If BC didn't supply anything more than an Application Form, experience here suggests that's all they have.

 

Unless Lowells can supply you with a credit agreement, they should be unable to take enforcement action for the a/c. If they are making demands, send them a CCA request if you haven't already done so.

 

Alternatively, you could try and negotiate a F&F Settlement with but make sure the amount you are willing to pay reflects the fact that they are in a terrible position with no credit agreement.

 

[theformerdebtor]

Good old Slick

 

Thanks for coming back that quick Slick.

 

I was thinking to push aside Lowell and tell them that they don't have anything to do with this and negotiate everything with BC, as they already put bad credit history in my file.

 

As about the F&F Settlement I wasn't thinking at more that 10%

[slick132]

Hi TFD,

 

Do you know if Lowells now own the debt. BC should have sent you a Notice of Assignment to confirm this.

 

If Lowells are now the owners, you have little choice but to deal with them as BC would have no further legal interest in the debt.

 

If there is no credit agreement, 10% sounds like a realistic target for a F&F.

 

[Bang!]

There is no mention of any charges or PPI in this thread.

 

Given what you have described, I would suspect there are charges from Barclaycard.

 

If the debt has been sold on - the charges cannot be used to offset any alleged indebtedness - and should be paid to you.

 

Did you pay any charges?