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philmaglass

Dmpay.co.uk

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Just recieved notice of legal action from the above company (dated 13/7/10) with regards to my Barclaycard which I started with around 2007, I did take out PPI yet was never told it only covered me for one years repayments.

 

I am recieving contribution based Jsa, £64 or so a wk until the beginning of august, I will then have to claim for income based.

 

They have requested payment in full or suggested I contact them by telephone.

 

I prolly need to submit a SAR if what I have gleaned from you good people on this site is correct, can anyone confirm this and how I would best go about it?

 

They do have a contact email addy though I figure it would be better to contact them hardcopy?

 

Many thanks in advance.

 

Phil :)

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Hi Phil and welcome to CAG.

 

Please confirm the exact name of the company that has now contacted you as I don't recognise "Dmpay.co.uk".

 

Did you apply for the BC a/c in 2007.

 

When did you stop paying BC yourself.

 

When did the PPI policy stop paying out.

 

Do you have all your a/c statements from when the a/c started.

 

Are there any penalty charges on the a/c.

 

Send BC a CCA request using this - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

Have you offered or paid anything to the a/c since the PPI stopped paying. See letters A, B and C here - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html#post162353

 

Adapt one or more of the letters and enclose a Budget Planner which you'll find in the Related Links at the foot of that thread.. Maybe offer a token payment of £1 per month, by letter to BC direct.

 

Ignore the DCA for now, until we get a better picture of your situation.

 

:)

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Co name: Debt Managers ltd, Po Box 168, 19 Herriot Row, Edinburgh, EH3 6JR. Registered office: 12 Hope Street, Edinburgh, EH2 4DB.

 

My Bcard Visa was set up in 2007, can't recall the exact date tbh, I do recall it was prolly Jun/July/Aug time iirc as it was deffo summer.

 

Last payment I made was last year to mercers approx 12mnths ago as they sent a debt collector to my door, I have pretty much ignored them since then being skint. Mercers also told me over the phone, at that time, that they had been snooping in my other personal/current account and knew I had some funds there and as such I was able to pay in their opinion.

 

I never claimed on my PPI as I was told I had to prove I was unemployed as I wasn't in receipt of JSA at the time having just been made redundant, I was also told that I would have to prove I was able and looking for work. I then told mercers/BC on the phone I was unhappy due to this fact and would be complaining, I never got around to the complaint. I also believe this may work in my favour as PPI is a very dubious business from what I can gather.

 

My outstanding balance of £900 or so is roughly 30-50% penalty charges/default charges and PPI, they did change the terminology sometime in the last 18-24 months or so, and they did also lower the penalty charges/default charges at the same time from £35 or so to £25 or suchlike, mercers then increased the then default charges to the larger amount iirc. I do certainly recall the inconsistent penalty/default charges which would deffo constitute some admission on their behalf imo.

 

I do have many statements though I cannot locate each and every one atm, this would take time, prolly more than 7 days tbh, I do tend to keep statements but have a terrible filing system as I was working 200 miles away before redundancy.

 

The letter I received is a Notice of legal action, this account has been passed to their dept for court action and their solicitors MAY (?) prepare the court papers within seven days.

 

However I feel I must send a written objection to the Notice of legal action as I believe, from what I know of the law, that failure to do so is acquiescence to their legal action. Could I not request a proof of entitlement to the debt in question via a CCA request to the DCA?

 

Indeed he who is silent consents so they say in law.

 

I will be sending the CCA request tomorrow first thing to BC but would I be just as well sending one to the DCA as well?

 

I also have another business account that is overdrawn that has been racking up some ridiculous charges but I want to do this one step at a time tbh as they aren’t litigating on this account as of yet though it is a similar outstanding amount which I feel has been arbitrarily managed by Barclays in some ways to their obvious profit.

 

I will gather all (I can find) the statements tomorrow and see if I can find the changes from penalty charges to default charges, I'm certain BC changed the terminology at some time for some reason.

 

They DCA have most recently been sending me letters telling me my current account balance has been offset against the outstanding amount though they have not taken any funds without consent prolly due to the funds in question clearly being my JSA subsistence monies.

 

The DCA in question are obviously keeping tabs on my current account somehow though I guess they are just another sister Co of Bcard.

 

The Bank Giro Credit slip attached to the letter is for DM Ltd, and appears to be direct to Alliance/Leicester and RBS collection acc, though I doubt this is relevant tbh.

 

Best I can tell you atm Slick132, thanks for the prompt response, your scales have been tweaked :)

Edited by philmaglass
Omission

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Right, we've heard of Debt Managers who are one of BC's in-house DCA's. Have you heard anything from Mercers or Calders, BC's usual DCA's.

 

I suggest you send BC a SAR to get the statements. This will cost you £10 and use this letter - http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request- Send it to the BC address on your statement.

 

Also, send the CCA request to Debt Managers. Don't bother mentioning the threat of legal action as they will not take this route. Arguing with DCA's really is a waste of your time.

 

If the BC a/c is unpaid, be aware that they will take money from any other Barclays a/c to make up the monthly arrears. They should only take from an a/c that has a positive balance but, if you pay into your business a/c and put it in credit, they'll nab it without a second thought.

 

Re PPI, you should either pursue the matter of them paying for the 12 months or seek a refund of the PPI premiums if you feel the PPI cover was inappropriate for your circumstances.

 

They may contend that they have no obligation to pay for the 12 months if you were self employed.

 

:)


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