HELP::DN from Barclays + DCA

[nc11]

Dear CAGers,

 

Been looking at this forum for a while, but now need some help and advice! I've got a mountain of debt (around 85K) for few years now. Been keeping up with (mostly minimum) payments regularly, but have always been on the edge. I'm servicing my debts with around 2K a month, financed by savings and help from my parents which is now running out.

 

Anyways, I've received couple of messages from DCA with an automated msg to call. Didn't know what they wanted so only called to see if they were looking for me and the rep told me they're acting on behalf of Barclays and asked if I've received any letters from them, which I haven't. However, sods law, I've now got this DN which only arrived today for some reason http://i947.photobucket.com/albums/ad311/nc2211/defnot1.png

 

It's more than a month old, and obviously any time-lines mentioned have expired. I called Barclays today but they wouldn't speak to me as the account is now handled with DCA

 

In principal, this refers to a loan facility which was setup as part of my premier account opened back in 2002. I think the principal amount was 15K, but I don't have any paperwork to confirm. in 2008 my borrowings were restructured, and the OD facility I had got canceled. As I was struggling then, I've agreed with the bank to pay in 1K a month, and cleared the 10K balance on my main account through about 16 months. That account is in order and have not been used since(my main bank is natwest). when this was arranged all of the DD and SO (inc.this loan repayments) were canceled, so the loan was effectively left unpaid. Annoyingly, I've agreed with my relationship manager at the time, that the loan will be added to the agreement, so wasn't surprised when the payments stopped. She since left the bank, so will not be able to backup this statement.

 

so now, after around 2 years, without any prior contact whatsoever, they've decided to send a DN quickly followed by a DCA - is that possible?! are they not required to contact me first and find out why the payments have stopped? they can argue that I didn't change address with them, but I did notify the bank back in 2008 about a change of address, which was registered on my account...

 

I'm unsure what to do next. and this is the crucial bit - I've been on the edge for so long, maintaining this monstrous debt. This thing can send me over the cliff very easily .

 

Any advice is welcomed!

 

Many thanks,

 

NC.

Edited June 10, 2010 by maroondevo52

[dx100uk]

the DN is invalid so sit tight

 

it does not give 14 working days to rectify [+2 days 1st class or 4 days 2nd class postage]

 

if they DO terminate the agreement it will also fail because it states the whole balaced will become outstanding , see recission info on here.

 

sit tight and DON'T EVEN use the phone to talk to ANYONE esp a DCA about your debts on te phone.

 

dx

[nc11]

Thanks DX, that takes the pressure off a bit! When you say "sit tight", you mean take NO action at all??

 

I'm assuming the default cycle will not stop,a nd that at some point this will be registered against my credit file. Should I not start taking action to mitigate that?

 

Thanks again.

 

NC.

[dx100uk]

i'll get this moved to the barclays forum i think

 

slick will help you.

 

if they do register the default as far as i can see itsinvalid so should be removed

 

i think there are also rules on time limits too.

 

dx

[maroondevo52]

Thread moved to Barclays Forum.

[nc11]

OK, so this is in the right place now, I hope ..

 

I've been reading some of the DN-related threads, but couldn't find a mention of the 14 working days dx mentioned before. Can someone point me to the legislation that states this 14 working days +2/4 for postage?

 

Also, there is a lot of mention to termination - I haven't received any notice to that affect. But then, this is now at the hands of the DCA. Does it mean I won't be getting a termination notice?!

 

Finally (for now...) - what should be my next step?

 

Cheers,

 

NC.

Edited June 8, 2010 by maroondevo52

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/196312-invalid-default-notices.html

 

post 23 here:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/196312-invalid-default-notices.html

 

dx

[nc11]

so in my case, the notice is dated 2/4, which is Friday, so the 14 days count should start from Wednesdy at the earliest, right? We then count 14 calendar days, not working days, which leads up to the 20th, thus making the notice until the 19th invalid. Am I interpreting the law correctly??

 

if that is the case, what should I do now? Also, has anyone been successful turning such a DN around using the 14 days argument?

 

Thanks guys, I'm looking for some reassurance that I'm not just convincing myself...

 

Cheers,

 

NC.

[dx100uk]

no its WORKING DAYS

 

dx

[vint1954]

so in my case, the notice is dated 2/4, which is Friday, so the 14 days count should start from Wednesdy at the earliest, right? We then count 14 calendar days, not working days, which leads up to the 20th, thus making the notice until the 19th invalid. Am I interpreting the law correctly??

 

if that is the case, what should I do now? Also, has anyone been successful turning such a DN around using the 14 days argument?

 

Thanks guys, I'm looking for some reassurance that I'm not just convincing myself...

 

Cheers,

 

NC.

Hi nc11,

 

Yes, the DN is faulty in that it does not give the statutory time to rectify the DN, as DX has advised.

 

If you read section 87 & 88 of the consumer credit act, it demands that 14 clear callendar days are given from service, to remedy the default. Service is basically when you get it, but the interpretation act lays down the timescales for service by post, as dx has laid out above. So the remedy date should be 20th if posted first class or 22nd if posted 2nd class or uk mail. Keep the envelope safe if you still have it. When counting service by post, it is working days not including weekends or bank holidays.

 

Barclays need to then go on to terminate the agreement or demand the ballance in full. Termination is the surer route. After that, the best option is to write to barclays accepting their unlawful rescission of contract. We can help with that letter.

 

As the law stands, they are only allowed post UR, to claim the TRUE arrears due at the time of rescission, less what you claim for UR in the way of compensation.

 

With regards to your agreement, if it was rolled into a new one, post April 2008, then the couirts have more powers to interperate thae agreement and make it enforcable.

 

I would suggest sending Barclays an SAR. The letter templates are linked on the front forum page. This will cost £10, but should show up the agreement and activity on the account ( if and when it was terminated ) You must make sure however, that you request all of the infromation held on you, including the agreement and an activity log.

[nc11]

Thanks vint1954, appriciate your input. Barclays have apparently sold this to a DCA, as I've already had calls from them. Should I still wait for the termination notice to be sent?

 

Also to clarify, the agreement I've reached with them in 2008 wasn't a formal one. It was based on the fact that I'll clear my account OD balance by making 1K monthly payments, which I did. as mentioned, during that time they've decided to cancel all standing orders and DD on the account, which meant that this loan payments stopped. the next time I've heard anything regarding that loan is with this DN...

 

Cheers,

 

NC.

[vint1954]

Thanks vint1954, appriciate your input. Barclays have apparently sold this to a DCA, as I've already had calls from them. Should I still wait for the termination notice to be sent?

 

Also to clarify, the agreement I've reached with them in 2008 wasn't a formal one. It was based on the fact that I'll clear my account OD balance by making 1K monthly payments, which I did. as mentioned, during that time they've decided to cancel all standing orders and DD on the account, which meant that this loan payments stopped. the next time I've heard anything regarding that loan is with this DN...

 

Cheers,

 

NC.

Ok, you need to be sure that they have sold it to DCA rather than DCA just collecting for barclays. Have you had a notice of assignment or a letter from wescot informing you that they now own the debt.

 

New regulations that came into force in 2008 state that it is mandatory that barclays must send you a yearly statement of account. If they have not done that, then they have broken the rules. This is not just guidelines, but part of the 2006 CCA, so it's law.

 

They seem to have messed up somewhat.

 

The other thing to try and establish, is when they sold the debt, if they did.

 

Did you have any luck with the envelope? Try and check the date it was posted as they may have tried to tidy up after realising a mistake.

Edited June 8, 2010 by maroondevo52

[vint1954]

I think your next moves are:

 

Accept the UR

 

Send off a SAR

 

And possibly in tandem, request a copy of the agreement from DCA, if they own it.

Edited June 8, 2010 by maroondevo52

[nc11]

I have yet to see a letter from the DCA, so am awaiting that to determine if they now own the debt.

 

Can you confirm who do I send the UR and SAR requests to? is it to the bank (who told me they won't deal with it), or the DCA?

 

As for the envelope, I've got that. It's a 1st-class one, which arrived on the 7th (I'm using a post service for all my mail, so they scan each item).

[vint1954]

Ur letter and SAR go to Barclays.

[nc11]

Will write-up the unlawful rescission tonight. Can someone point me to a useful template for such a letter?

 

Thanks,

 

NC.

[nc11]

Can someone please help with a UR letter template?

 

Thanks,

 

NC.

[vint1954]

Many appologies NC11, I have been away on business.

 

You can use this one, just make it fit your dates and method of termination ( text in red )

 

Dear xxxxxxxxxxxxxxxxxxxx,

Re account no xxxxxxxxxxxxxx Unlawful Rescission.

I refer to your Default Notice dated xxxxxxxxx, received by me on xxxxxxxxxx and your subsequent letter terminating the agreement by demanding the balance in full, dated xxxxxxxxx, received xxxxxxx, in which you confirm that you had in fact terminated the above agreement by demanding the balance in full. I would add that these actions were taken by you, while the account was in serious dispute, owing to your failure to respond to my request under s78 of the CCA 1974.

 

The default notice failed to give me the required statutory time in which to seek legal advice and/or remedy any alleged defect. Your actions resulted in insufficient time for me to even obtain an appointment with a solicitor let alone remedy the alleged default. These actions by you, have resulted in you unlawfully rescinding the alleged agreement.

 

I accept your unlawful rescission of the agreement and I note that you are now entitled to claim those arrears genuinely due at the time of the termination (not including any unlawful charges ) and I would be obliged if you would advise me of the exact amount of those arrears, against which will be a claim for unlawful rescission

 

Yours sincerely

[nc11]

Hi vint1954,

 

Many thanks for the template. I apologise for not responding earlier, I've been unwell throughout this bank holiday .

 

An interesting development to note, is that since the 20/5, when I've recieved the DN and couple of calls, I've recieved nothing else from either Barclays or the DCA! No letters or calls. That is surprising and concerning at the same time...

 

Should I still send this UR letter, or hold off until I've recieved additional communications?

 

Thanks,

 

NC.

[vint1954]

Yes, once you are sure they have terminated, send it.

[nc11]

well, that's the thing - I'm not sure they have, as I haven't had any further communication... it really seems strange that there's silence all of a sudden!

[nc11]

HI there,

 

so it only took a day for the calls to start again... I've yet to recieve anything in the post from the DCA or from Barclays further to the default notice mentioned at the begining of the thread.

 

I think it's time I sent something out to the bank, and was wondering what the best form is. Since there's no termination yet, how do I dispute the validity of the DN? I couldn't find a letter that deals only with the DN and the fact that it's invalid!

 

Can someone please point me to such a letter??

 

thanks again.

 

NC.

[vint1954]

If you alert them to the fact that your DN is faulty, before they terminate or demand the ballance in full, then they can issue a complient one.

[slick132]

If you alert them to the fact that your DN is faulty, before they terminate or demand the ballance in full, then they can issue a complient one.

 

........... therefore, do nothing and hope the bank terminates and, in doing so, compromises it's position irredeemably.

 

[nc11]

OK, got it! I'm concerned though, that the longer I leave it, the more difficult it will be later on

 

Also, can you please review the actual DN at http://i947.photobucket.com/albums/ad311/nc2211/defnot1.png

 

How do you read #1? Is it not an actual termination??

 

Cheers,

 

NC.