Calder Financial

[silverfox1961]

The McGuffick case dealt (partly) with what can be classed as enforcement and the judge said that letters, phone calls and the marking of credit files can not be classed as enforcement.

 

The Information Commissioner has stated that where there is a link (usually with statements) then it is ok for the creditor to mark the file, so long as the information is accurate.

 

The only way I have heard of is to take the creditor to court and get them to prove they had your permission to process your data and if they haven't got your signature, they would find it very hard.

[marke32]

oh I see thanks for that, well they have until next Wed to get me my copy. If they don'y or can't provide it and the account becomes in dispute what happens? Does it stay in limbo forever or get written off eventually?

 

Mark

[silverfox1961]

If they cannot provide you with an agreement within the time limit, you can put the account into dispute.

The debt doesn't go away but it puts you in a better position of offering a Full and Final settlement.

While no agreement exists, they shouldn't chase you for the debt but if in the future (within 6 years) they find it, they can restart the collection procedure.

[marke32]

and after 6yrs what then?

[silverfox1961]

If you have made NO payments nor acknowledged any debt in a period of 6 years(5 years in Scotland) they are prevented from taking any action because it will be Statute Barred (Limitations Act 1980, I think that's the year)

[marke32]

I see well fingers crossed they can't provide a copy of my agreement then, thanks for your advice it's much appreciated!

[marke32]

Hi everyone

 

I have recently sent off the second letter(template from this forum) tp Calder stating the account is in dispite because they have not provided a copy of my agrrement. It has been signed for so I know they have it.

Today I received a letter asking me to call because barclays say they're prepared to take a reduced amount as total payment which I threw away. But I have just had a call from them today firstly they said its calders legal dept and they have just received my account which I know is rubbish but they did not akcnowledge anything regarding my account being in dispute and said it is still being charged interest.

 

So what do I do now? is there another template letter I can send them?

 

Any advice would be great

 

Thanks everyone

Mark

[themagician]

Hi everyone

 

I have recently sent off the second letter(template from this forum) tp Calder stating the account is in dispite because they have not provided a copy of my agrrement. It has been signed for so I know they have it.

Today I received a letter asking me to call because barclays say they're prepared to take a reduced amount as total payment which I threw away. But I have just had a call from them today firstly they said its calders legal dept and they have just received my account which I know is rubbish but they did not akcnowledge anything regarding my account being in dispute and said it is still being charged interest.

 

So what do I do now? is there another template letter I can send them?

 

Any advice would be great

 

Thanks everyone

Mark

you must see all the time on caggers we tell time and time again NEVER NEVER NEVER talk to dca,s on the phone,its the most important number one rule.

did you answer all their security questions,thats another NO NO.

you only ever corresponde with these people in writing only.

i would egnore them ,if they,ve offered you a lower settlement figure i would assume they do not have a valid cca,in which case they were getting nothing anyway! NO CCA -NO PAY!

[marke32]

you must see all the time on caggers we tell time and time again NEVER NEVER NEVER talk to dca,s on the phone,its the most important number one rule.

did you answer all their security questions,thats another NO NO.

you only ever corresponde with these people in writing only.

i would egnore them ,if they,ve offered you a lower settlement figure i would assume they do not have a valid cca,in which case they were getting nothing anyway! NO CCA -NO PAY!

 

 

Ah I see it was a private number so I answered as I thought it may be about a job, I did answer one security question yes my year of birth but that is it. My point is though because the account is in dispute they should not be ringing me at all, and they are totally ignoring this and its still getting interest charged too.

 

I have had no acknowledgemnt of my first request for a copy of my agreement and no acknowledgement of my second letter either saying the account is in dispute so what do I do??

 

thanks by the way

[comebackjimmy]

Hi Marke32

 

I would like to start by backing themagician.

 

Never talk to them. The phone is where they are at their best.

 

The written word is where you are strongest as; 1. It provides a permanent record, 2. you can take time to consider your response, 3. They don't like it because they cannot deny things they have asserted in writing, 4. They have trouble writing!

 

If you accidentally pick up a call, once you realize who it is simply put the phone down. This does run contrary to the normal rules of politeness but they will run rampage with those same rules if you continue the conversation.

 

As I understand it, you have made a CCA request which they failed to respond to, and you have sent them the follow up.

 

If that is the case then again as I understand it, the ball is in their court and you are required to do nothing else until they properly respond.

 

I hope other CAGers will confirm this point or quickly correct me if I am wrong.

 

Anything they say on the phone regarding interest and so on you can safely ignore for the time being, especially as you wont be talking to them again!

 

Also, may I suggest you don't throw anything away you recewive in the post but keep it an file it. You never know when it may come in useful for something!!

 

Best of luck.

[marke32]

Hi Marke32

 

I would like to start by backing themagician.

 

Never talk to them. The phone is where they are at their best.

 

The written word is where you are strongest as; 1. It provides a permanent record, 2. you can take time to consider your response, 3. They don't like it because they cannot deny things they have asserted in writing, 4. They have trouble writing!

 

If you accidentally pick up a call, once you realize who it is simply put the phone down. This does run contrary to the normal rules of politeness but they will run rampage with those same rules if you continue the conversation.

 

As I understand it, you have made a CCA request which they failed to respond to, and you have sent them the follow up.

 

If that is the case then again as I understand it, the ball is in their court and you are required to do nothing else until they properly respond.

 

I hope other CAGers will confirm this point or quickly correct me if I am wrong.

 

Anything they say on the phone regarding interest and so on you can safely ignore for the time being, especially as you wont be talking to them again!

 

Also, may I suggest you don't throw anything away you recewive in the post but keep it an file it. You never know when it may come in useful for something!!

 

Best of luck.

Hiya

 

Yes I have sent the second letter and they have signed for it. I was worried about the interest still being added!

 

It's funny I have heard nothing for months but since I sent the first request for a copy of my agreement I get a letter offering a deal, and then when I send the second letter they call me the day after signing for it, to hassle me.

 

It appears to me they cannot provide it, I just wondered if I should be writing again because I have no acknowledgement from them of my request at all?

 

Rest assured I will not being talking to them again at all

 

Thanks everyone

[fuzzybobble]

I'd send them the "account in dispute" letter. They've had more than enough time to comply with your CCA request.

 

Knowing barclaycard if they do send something it will be unenforceable anyway. So they can add as much interest as they like.

 

When they finally admit there is no CCA or they send the unenforceable bit of paper they claim to be the CCA, then invite them to take you to court to let a judge decide. When you do that, they tend to go very quiet. Worked for me. Not heard a peep out of them for almost 3 years now.

[marke32]

hi fuzzybobble

 

I have sent them the second letter(account in dispute) they signed for it monday. All I have had is a letter offering reduced payment to settle, and a call today asking for £5 a month for 3 months no acknowledement of either letter I have sent.

 

thanks

[marke32]

Hi everyone

 

I sent 2 letters to different collection agencies asking for copies of my credit agreement about 6 weeks ago. One replied and said they have asked for it and until it has been supplied to me my account would be on hold and the other company has not replied at all.

 

I have now sent the second letters as I have not received a copy from the company that replied to my initial request, and still nothing at all from the 2nd company. It is now nearly three weeks since I sent the second letters and I have heard nothing at all from either.

 

My question is do I just forget them now until I hear something? all letters were sent recorded and signed for.

 

Does it matter that the second company (Calder) have not even acknowledged either of the letters i have sent to them?

 

Thanks

Mark

[Pinky69]

Wait to see what they come up with, if anything. There is no point in chasing them. Unless and until they provide enforceable agreements, you don't have to pay them a penny. Less is best in correspondence with banks/DCAs - only respond to what they send once you have made your initial reuests.

[marke32]

Wait to see what they come up with, if anything. There is no point in chasing them. Unless and until they provide enforceable agreements, you don't have to pay them a penny. Less is best in correspondence with banks/DCAs - only respond to what they send once you have made your initial reuests.

 

ok thanks for that!

[Bigdebtor]

Wait to see what they come up with, if anything. There is no point in chasing them. Unless and until they provide enforceable agreements, you don't have to pay them a penny. Less is best in correspondence with banks/DCAs - only respond to what they send once you have made your initial reuests.

 

I was just about to start this same thread - but I think responses to my situation will also help Marke.

 

I have the following situation:

 

2 (yes 2 different) DN's and TN's issued by the same OC for the same debt 3 weeks apart - then I heard nothing for about a year. Diddydicky did remind me I had written accepting their unlawful rescission ( I have now found my copy of this letter)

 

About a year later I then got NOA from the DCA enclosing his letter and the NOA letter from the OC - BUT quoting a WRONG Card number - an dthe debt was a few hundred more - I did not notice either issue at the time.

 

The DCA got heavy and I began to make some token payments based on interest and charges frozen - as advised by CCCS - until I read up in CAG. These payments won't yet have covered the arrears due - but I have yet to claim back default charges and interest (which are much less than the outstanding balance - ignoring unlawful rescission issues).

 

I stopped paying and sent off for the CCA (to the DCA who claims to own the debt now) some 8 weeks ago. I was getting chase up calls since I stopped paying. I told them "Account in Dispute" and all has been quiet for the last 3-4 weeks.

 

Question

- Should I just do nothing until I hear further?

_ should I try to get arrears offeset against default charges and get rest of debt written off?

 

My credit rating is trashed and I am not concerned about this getting worse.

 

BD

[marke32]

Hello everyone

 

Just some advice needed if possible, I have sent my rewuest for my credit agreement and the second letter (account in dispute) both of which they have received and signed for. However they have never acknowledged my request and continue to hassle me. I had not heard anything for about 8 weeks until today when I received a letter entitled Pre legal notice saying the usual things they can do.

So just wonderd what to do now do I ignore? or do I send the failure to comply letter on here?

 

Any help would be great

 

Thanks

Mark

[PGH7447]

did you send the cca and diapsute letter by recorded mail, if yes then just ignore the fools

[marke32]

yes I did and both were signed for, they have just never acknowledged them at all

[PGH7447]

their probem not yours - ignore them or better still report em to the OFT etc

[marke32]

their probem not yours - ignore them or better still report em to the OFT etc

 

yes well I think I will send them the letter telling them I will not respond to anymore letters until they provide what i've asked for, and will report them for harassment if they continue to threaten me

[DonkeyB]

Did you include the £1 fee? Has your cheque or PO been encashed?

[marke32]

yes i included a postal order, but how can I check if thats been cashed?? does it matter anyway?

Edited March 10, 2010 by marke32

[DonkeyB]

You would have needed the serial number on the PO to check via the Post Office. Doesn't really matter - as long as it was included. Don't want to give the buggers any room to wriggle.

 

To cover yourself in any possible litigation, it may be worth sending that letter suggested by Mark asap, recorded, to remind them that they have failed to meet their obligations.