Barclaycard Goldfish

[jamanji]

Hi All,

Requested a cca from the above and received a letter today showing my current balance and available credit, they also stated the cca would follow under seperate cover, then it goes on to say that CPR rules do not intitle them to issue the cca before proceedings start ? They also state that under no surcimstances should payment be stopped or they will inform me and issue a default and i should pay as per my terms of my credit agreement, it says that a party may apply to the court for a pre action disclosure in very limited circumstances which do not apply in this case,

They also say that there is no formal obligation for them to provide documentation to validation of debt correspondance

 

They also stste the outstanding sums is legallydue and payable

 

Is this a standard letter or jst b---l

 

Please help, what next

[alfwithhair]

they have 12+2 working day after receiving the request to fullfill their obligations, if you do not recive the documentation within this timespan, you send the 'account in disput' letter.

 

You can then legally withhold payment until such time as they comply with your request. CPR rules have no baring on a CCA request.

 

They will default if you don't pay and they will trash your credit files.

How old is this account?

[jamanji]

thanks alf,the account is prob before 1997 as its a old golfish card, can they still default you if you are legally withholding payment after they have broke the rules?

 

how long does it take to issue a default?

 

Many thanks alfwithhair

[alfwithhair]

barclaycards MO is a couple of letters saying you have missed payments, then they pass it to their in house collection monkeys Mercers, who will send letters every 2 days telling you the world will cave in if you do not contact them immediately anf your phone will never stop ringing.

 

After about 3 months Mercers will issue a default notice, wether it will be a compliant one is anybodies guess.

 

They will continue to houds you to death for a further 3 months before faming it out the another outfil, to start the whole process again.

 

If the account it that old there is NO chance they will have any enforceable paperwork,

[jamanji]

ok alf, al give them the full 14 days and the account in dispute letter with subject access request, as i was missold ppi from them as well (im self employed)

 

there so profesional and clever

 

Thanks alfwithhair

[jamanji]

Just an update, They sent me terms and conditions this morning butno credit agreement, what should i do next, anybody help ?

[jamanji]

As the last post got t&cs as a cca, wrote to them offering £21 per month as struggling at the moment, sent the account in dispute letter and are getting 5 phonecalls per day, i have got a truecall but they still seem to get through to the answer machine even though im blocking there numbers, how mwny numbers do they use ? so i can zap them on the machine. Can anyone give me my next move as they seem to be totally ignoring me?

How do i stop them phoning if they have not fulfilled issuing a legal document

Edited April 29, 2010 by jamanji

[rebel11]

hI,

 

They have various call centres around the world, they use 6 to 7 different numbers. 084530070257, 08453512270, 08453512269, 08453512268

these are just some. There is a list somewhere.

 

As the last post got t&cs as a cca, wrote to them offering £21 per month as struggling at the moment, sent the account in dispute letter and are getting 5 phonecalls per day, i have got a truecall but they still seem to get through to the answer machine even though im blocking there numbers, how mwny numbers do they use ? so i can zap them on the machine. Can anyone give me my next move as they seem to be totally ignoring me?

[rebel11]

Have you sent them a Telephone Harrasment Letter?

[jamanji]

Thanks rebel11.,

no have not sent a harasment letter yet, can you advise on one ? thought offering then at least a min payment and asked them and my other cards to freeze te intrest and charges, they have not complied so i am hoping they will agree to this, if they dont i was thinking of just keeping my £21 per month anyway as ive not broken the law, they are in breech, I THINK?

[Bazooka Boo]

In your truecall, go onto the internet control panel and turn on 'STARRED' callers only, OR, turn on the 'Code Access Only' and everyone then has to enter your access code before your phone will ring, alternatively give them a bell and ask them how it should be set up to stop them even leaving messages, they are excellent, and will be able to adjust your settings for you there and then.

 

Can you scan and post up here what they did send you? If your confident it is just T&C's then, send them the 'FAILED' letter;

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

 

And STOP all payments to them until such time that they do send you the correct enforceable documents you requested.

 

Ok Just read your post again and can see you have already sent the in dispute letter, have you a record of them receiving it ie, a signature for it?

 

Stop ALL payments to them now. And ring Truecall, if the above doesn't work for you.

 

 

Boo;)

[rebel11]

Here you go:- The Consumer Forums - Harassment

[jamanji]

Cheers boo,

Ill try that on the machine first, Jst sent the account in dispute letter yesterday, ill post the documents on here tomorow as they are at my office in a file,yip im almost sure its jst the usual bla bla bla from barclycard as it is an old account

ill try the machine in a mo and keep you posted boo

Thanks again

[jamanji]

Thanks Rebel

Ill sent that letter to , thanks for that

[rebel11]

I've just written to the OFT about them. I haven't received calls for the last couple of days after having 6 a day for the last six weeks, I sent in genuine complaints besides the CCA stuff, all they want to do is collect money, not resolve my complaints.

 

Have you got any late charges?

[jamanji]

Ill do the same , the more the better i think

Yip i will have ,also they took ppi from my account for years (im self employed), so ill need to subject accress request them to,

How are you getting on with your claim with them??

[rebel11]

jamanji,

 

If you've got late charges, you can claim at least 6 years worth, plus interest. You send a SAR with £10, they'll send you statements.

[jamanji]

went on the true call control panel and sorted that out boo, Thanks again m8 , thats another thing sorted, all going the right way for a change

Thanks rebel will do that to, christ i think the whole balance will be due back

[Bazooka Boo]

went on the true call control panel and sorted that out boo, Thanks again m8 , thats another thing sorted, all going the right way for a change

 

TrueCall really is the puppies privates!

[jamanji]

yip boo totally agree, now that its working properly

[jamanji]

anyone know this no 08003890043 ???? keeps phoning me

[alfwithhair]

anyone know this no 08003890043 ???? keeps phoning me

 

MBNA

[jamanji]

cheers alf

[jamanji]

Got another letter yesterday from barcleycard,

Basically thay say that the t&cs are sufficiant which shows my credit limit and balance, They say when the original agreement is varied they only have to send you the current credit agreement as this contains the terms of the regulated agreement

They did not send me any signed document , or anything showing intrest from the time the card was taken out

It goes on to say the money is legally due and they will proceed with the collection of the debt bla bla bla

Is this a normal letter? as i put the account into dispute and sent a subject access request

It contains 2 pages of Questions and answers about consumer act 1974 ect

Basicaly there saying they have provided everything they should have and they want paid

Its from customer Services

Please advise anyone

[Bazooka Boo]

Account in dispute, ignore their ramblings on, it can't be 'legally' payable, when they haven't produced any 'legal' documents to suggest otherwise.

Their trying to exploit your lack of knowledge.

 

Ignore them.

 

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

 

OR;

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/582-possible-letter-when-a-questionable-agreementapplication-is-sent