Barclaycard debt sold to lowells

[ROSE28454]

Wrote to Barclaycard on 27.3.9 asking for CCA for my brother and got a reply on 24.4.9. They quoted the limit, balance, next monthly paymnt and said a copy of my current Barclaycard Credit Agreement would follow. It came the next day and is just 2 sheets of Barclaycard Conditions and says at the top

 

"These are the terms and conditions of an agreement between us ( Barclays Bank PLC, Barclaycard Centre, Northampton ) and you the person who signed the agreement ( as named in the covering letter)"

 

It does not have any reference to my brother's details or a signature on it.

Is it enforcable?

[sploits]

If your brothers details and signature arent on the CCA then it would not be enforcable. This happened to my friend. He asked for the CCA and they just sent him the present terms and conditions. My friends name nowhere to be seen and his signature wasn't there either just a blank box to sign.

Barclaycard never seem to get this right

 

More help will be on the way shortly.

 

Sploits

[cerberusalert]

I'd be tempted to send them Scots letter below & see what their response is;

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

Print name do not sign

 

**amend to suit your circumstances.**

[ROSE28454]

Just about to send the letter but I notice that there is a company called Calder Financial ( otherrwise known as Mercer's involved) Who should I sent the letter to - Barclaycard or Calders?

[ROSE28454]

Just about to send the letter but I notice that there is a company called Calder Financial ( otherrwise known as Mercer's involved) Who should I sent the letter to - Barclaycard or Calders?

 

I have just found a couple of letters in my bros files. They are Default Noties letters dated 6.7.9 from Mercers chasing the visa and mastercard debts. The amounts differ slightly from the Calder Financial letters which are dated 7.7.9. I note from the Calder letters that they are part of Mercers. Who do I now write to Barclaycard, Calders or Mercers?

[cerberusalert]

Write to whoever was last in contact with you.

 

Can you scan those default notices and post them up after removing identifying details?

[ROSE28454]

Write to whoever was last in contact with you.

 

Can you scan those default notices and post them up after removing identifying details?

 

I will do that later today. I have written to Barclaycard and Calder but not sent them yet. Do I only need to send to Calder?

[diddydicky]

I will do that later today. I have written to Barclaycard and Calder but not sent them yet. Do I only need to send to Calder?

 

i wouldnt send anything until you have posted up the DN's

[ROSE28454]

Barclaycard, Mercers and now Calders have been chasing me for sometime now. I wrote to BC last year and received some paperwork but not a valid CCA. I replied with the standard letter saying that as they had not produced a valid agreement then they could not chase me. About 2 weeks Calders started chasing so I wrote back reiterating my earlier letter. Today received a letter saying BC would like to offer me a settlement and to call them. What do I do now??

[cerberusalert]

Send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

[angel_1]

hiya Rose

 

im wondering if they just want you to call them hence the offer of a settlement?

 

can you scan up deleting all your personal info of what they have sent you in the past?? did you get any default notice too?

 

im restarting my battle with bcard again as ive not paid for a year and only ever was sent terms and not the actual cca, they wrote that they would only supply if court action was being presented by me

 

i now am thinking of complaining one last time to them and request they send me their final resolution to this or i will then take my complaint to the ombudsman, i know of others who have ended up with the cca this way

 

will try and search for tony x barclaycard i think it was if im thinking of the correct thread need to go offline for a bit now sorry but when im back i will do a quick search for you on the thread im thinking for and post it up take care and keep positive

 

laters angel x

 

*************** HAVE COME BACK TO ADD THE LINK FOR YOU ROSE SEE BELOW - sorry for caps on just wanted to alert you quickly ********

 

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

 

Am subbed to this thread so will come back later have a good read of the above and others barclaycard threads to learn lots

 

angel x

Edited February 26, 2010 by angel_1
added link for reading up on for rose

[debt4get]

they only want you to call so they can try to get payment dont fall for it..asked for cca 2 years ago...they sent usual rubbish we have all received so told them until they send it no payment..havent heard from them for over a year now

[angel_1]

hiya rose

 

see the link ive posted in my original post reply no 3

 

catch up laters angel x

[diddydicky]

dear sirs

 

thank you for your letter of XXXXXXXXXX

 

kindly note that for personal security reasons i will not discuss matters, nor even confirm my identity to univited telephone callers, and in any event will not discuss financial matters with you by telephone.

 

in order to preserve a full and open audit trail of all that is said and done, kindly confirm in writing the offer you wish to put to me

 

Yours sincerely

 

XX

[ROSE28454]

I have had a letter from Calder's today and it says:-

 

We wrote to you recently regarding your account and have not yet received any reply or payment of the outstanding balance/

 

If you fail to contact us to discuss this matter we may take one or more of the following actions to reover the debt.

 

1 Visit your home address to obtain payment

 

2 Try to obtain a charge on your property

 

3 Request a court order to deduct debts from your salary

 

4 Seizure and sale of your personal belongings by order of the court

 

Please not any court costs will be added to the outstanding balance.

 

If you wish to avoidthese actions you must contact us on

 

Failure to act upon this letter will result in further action being taken"

 

What do I do now.

[Revenant]

I have had a letter from Calder's today and it says:-

 

We wrote to you recently regarding your account and have not yet received any reply or payment of the outstanding balance/

 

If you fail to contact us to discuss this matter we may take one or more of the following actions to reover the debt.

 

1 Visit your home address to obtain payment

They have no power, tell them to leave or you will call the police

 

2 Try to obtain a charge on your property

3 Request a court order to deduct debts from your salary

4 Seizure and sale of your personal belongings by order of the court

I believe they can only do these if they get a CCJ and you default on it

 

Please not any court costs will be added to the outstanding balance.

 

If you wish to avoidthese actions you must contact us on

 

Failure to act upon this letter will result in further action being taken"

 

What do I do now.

 

Hi Rose

Here's a link to the "Door step visit" letter . .

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit-

 

Amend it to suit, send recorded delivery (Print name don't sign) and keep a copy by the door ready to shove through the letter box if they ignore

Other than that put the kettle on and have a cuppa because if they have not complied with your CCA request and you have sent the "In dispute letter" that cerb linked to there's not much they can do except huff n puff

Good luck

R

[alfwithhair]

I have had a letter from Calder's today and it says:-

 

We wrote to you recently regarding your account and have not yet received any reply or payment of the outstanding balance/

 

If you fail to contact us to discuss this matter we may take one or more of the following actions to reover the debt.

 

1 Visit your home address to obtain payment (They can visit, but you tell them to get lost, usually just ideal threats, nobody turns up)

 

2 Try to obtain a charge on your property (Possible if you own any property, if not more rubbish)

 

3 Request a court order to deduct debts from your salary (again possible, but not without the correct enforceable paperwork)

 

4 Seizure and sale of your personal belongings by order of the court (they would have to go to court, win the case, then you would have to default on the payment judgement and they would have to go back to court to apply for an enforcement order, so again all ifs and might be's)

 

Please note any court costs will be added to the outstanding balance. (if they win the case, if not, nothing will be added)

 

If you wish to avoidthese actions you must contact us on (this is there main reason for these kind of letters. To get you on the phone so they can bully and intimidate you in to paying what you can't afford, so don't be tempted to ring them)

 

Failure to act upon this letter will result in further action being taken" (pass the account to the threat monkey at the next desk)

 

What do I do now. (If you have sent them the account in dispute letter, nothing, until such time as the dispute is resolved)

 

Don't be intimidated by the likes of these parasits

[ROSE28454]

Hi Rose

Here's a link to the "Door step visit" letter . .

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit-

 

Amend it to suit, send recorded delivery (Print name don't sign) and keep a copy by the door ready to shove through the letter box if they ignore

Other than that put the kettle on and have a cuppa because if they have not complied with your CCA request and you have sent the "In dispute letter" that cerb linked to there's not much they can do except huff n puff

Good luck

R

 

I have already sent the doorstep letter after I had a card saying they were going to visit me. Should I sent it again?

[Revenant]

Hi Rose

Once should be enough, the card could have just crossed in the post

They look to look big and important so try not to worry

R

[DonkeyB]

That letter, as Revenant says, is clearly misleading and designed to intimidate. You should complain to the OFT about this. They cannot take most of those actions without first getting a CCJ, and they have strangely failed to mention that.

 

Bear in mind also that Calders IS Barclaycard.

[diddydicky]

don't waste your time making formal complaints you can either file it unanswered or simply

 

dear sirs,

 

your ref XXXXXXXXXXXXXXXx

 

i refer to your letter of XXXXXXX and note the contents

 

no doubt i shall hear from you in due course

 

 

Yours sincerely

 

XXXX

[DonkeyB]

don't waste your time making formal complaints you can either file it unanswered or simply

 

dear sirs,

 

your ref XXXXXXXXXXXXXXXx

 

i refer to your letter of XXXXXXX and note the contents

 

no doubt i shall hear from you in due course

 

 

Yours sincerely

 

XXXX

 

:D

[ROSE28454]

It seems all these parasites are popping up again. I had a call last night from Calders at 9.15 and I just told them that I was unwillingy to discuss anything with them on the phone. Should I send another letter or just leave it?

[debt4get]

dont bother calders..are part of barclaycard just next office/desk down

[diddydicky]

get yourself a truecall