Barclaycard

[chattanooga]

Received this from Barclaycard a short time ago...after informing them I could only make token payments for a few months.

 

I have however just realised that I never received a reply to my CCA request on 13th July! My bad, so many creditors that I lost track as Barclaycard have been very quiet. Am I too late for the account in dispute letter? It has been longer than 14 days

 

I'll certainly send them the letter about not sending the boys round, although I'm in Scotland and I can't seem to find the Scottish version.

 

Any other advice?

Edited October 14, 2010 by chattanooga
correct image

[dx100uk]

if you have had no cca, then no pay!

 

however that is typical of BC.

would p'haps be better if this was in the barclaycard forum?

or atleast do some reading there

 

bc abide by their own set of rules regarding what they need to send after a cca request.

 

dx

siteteam

[chattanooga]

Could someone point me in the direction of the "account in dispute" letter, I thought it was in the "library" section but I get a page telling me I have to be registered and logged in to view...I am. Also if someone could show me the "don't send a doorstep collector" for Scotland version, it would be much appreciated.

[harrassed senior]

http://www.consumeractiongroup.co.uk...-is-in-dispute

Account in Dispute

 

Letter used when a company fail to provide a copy of your agreement within the 12+2 working days timescale after your initial request for a copy of your agreement made under s 77/8 of the Consumer Credit Act 1974 (Highlights in red must be edited)

 

 

ACCOUNT IN DISPUTE

 

Date:

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial request).

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

 

 

 

Re: Harassment by telephone

 

ACCOUNT NUMBER: XXXX

Dear Sirs

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

Yours faithfully,

[NAME HERE]

 

Section 40 of the Administration of Justice Act

“S40 Punishment for unlawful harassment of debtors.

A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he- harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation; falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it; falsely represents himself to be authorised in some official capacity to claim or enforce payment; or utters a document falsely represented by him to have some official character, or purporting to have some official character which he know it has not.

A person may be guilty of an offence by virtue of sub-section (1) (a) above if he concerts with others in the taking of such actions as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.”

[chattanooga]

Given that I have made a couple of payments since the actual default date, is it perhaps worth adding a line? something like...

 

"I feel I have been very reasonable in continuing to make payments while you search for the appropriate document but I also deem that over two months is more than enough to comply with the request."

[dx100uk]

could do, but at the end of the day, they have missed the deadline, end of

 

dx

[chattanooga]

You know what, you're right, I'm over complicating. I'll send them the standard...simples!

[chattanooga]

This account is now with Mercers, who are proving to be persistant little sods, phoning every other day despite being told verbally and by letter (which they CLAIM they did not receive). Is it worth the extra postage cost of recorded delivery? I've previously just obtained a proof-of-posting ticket.

 

Can anybody also confirm that doorstep collection is actually illegal in Scotland? I seem to remember reading that somewhere but can't be 100% sure. Mercers have also been threatening this.

 

Thanks

[victoria_siempre]

Hi chat

 

Mercers are just the in-house provisional harassment wing of Barclaycard.

 

You won't get any sense out of them so have to ignore their calls.

 

The doorsteppers are no big deal either; Resolvecall/Scotcall; just tell them to Foxtrot Oscar - I had one the other week.

 

Don't let the threats put you off and stay strong.

 

love

 

vic

[chattanooga]

Yeah, I'm aware that Mercers are just Barclaycard with red ink on their letterheads

 

I've sent them one more (strongly worded) letter basicaly telling them to cease and desist and not recorded delivery, just proof of posting, then that's it.

[Deb T]

I guess the maintaining of payments (reduced or not) during an account in dispute is more for your benefit than theirs? A sort of continue paying them now while there is a lull in the storm and

hopefully when they do provide it they wont be so harsh on me? Which if that is the case matters not a jot to the creditors (it may to a judge...payment record etc)

 

What usually happens is these credit card companies piddle about with credit agreements, they act with impunity where the customers rights are concerned and trample all over their personal

circumstances as if it doesn't matter...all when the account is in dispute and then when they do produce the agreement (if they produce it) they all of a sudden take the moral high ground and

start quoting the very terms and conditions from the account that they trampled all over in it's absence (the agreement) and if you dont give them the clothes off your back they usually head

straight for court.

[chattanooga]

I know what you mean DebT, I was paying them a reduced amount but have stopped now in the absense of a CA since they decided to ride roughshod over my circumstances.

[chattanooga]

Well, after many threatograms from Barclay, Mercers and Calder financial, it looks like they have given up on me. Strange really since I have continued to make token payments until fairly recently when I was actually able to make an increased payment, albeit only slightly.

 

 

I really don't get what they hope to achieve by this, but for me it's no more Mr nice guy, especially if Barclay sell to some bottom feeding DCA.

[dx100uk]

you have ofcourse reclaimed on this a/c?

 

bc cough very easily

 

see my threads

 

dx

[chattanooga]

I'm in the process of reclaiming charges, unfortunately it's a very small amount (

[chattanooga]

Just had a thought. How does a debt being sold affect the reclaiming of charges? Do I have to start the whole process again with the new owners or keep the process going with Barclaycard?

[dx100uk]

keep going with bc

 

dx

[chattanooga]

Thanks dx.

 

I've just received another Barclaycard statement, and for the second month in a row they have added charges and interest amounting to twice what I can afford to pay them. I'm starting to get brassed off with this lot.

 

I'm considering writing to them with something along the lines of "Because you seem determined to increase my indebtedness, I am withdrawing all payments".

 

Is it worth it?

[dx100uk]

if bc are adding charges etc then they must be the owners still

mercers are just their inhouse dogs.

 

let them add whatever charges they like

you can get those + interest back anyhow.

 

BC rarly agree to reduced payments

 

its just their way

just like never sending out CCA's

 

they are gods to themselves.

 

give slick132 a ping [edited as i put 123]

 

he's our BC master on cag

 

dx

[chattanooga]

Thanks dx, I'll do that.

[slick132]

Hi Chat,

 

Responding to your PM.

 

You should maintain the token payments to BC if you can. This will put you in a stronger position in the unlikely event that they, or their DCA's, take any legal action.

 

Is there still any DMP in place, or did that cease for good in August 2010 (as per the PM info you gave me).

 

Roughly what is owed on the account now.

 

8-)

[chattanooga]

Thanks for the reply.

 

I'm paying a bit more than a token now, although it's still not a lot. Paying just under £10 on a £2300ish debt, BC have added over £30 interest/charges for the last 2 months though.

 

The DMP is no longer in place, my I&E shows

 

Still no sign of a CCA, from about 8/9 months ago.

 

(Is there anything that can be done about the PM sent to the wrong "slick"? hopefully it hasn't been read by some imposter)

[chattanooga]

Am I right in thinking then, the advice is to keep paying the reduced payment even though the debt is increasing rapidly and just sit tight?

 

I'm still concerned about sending a PM to 'slick123' instead of 'slick132'. Can an admin please let me know if it can be deleted before read by some third party? Thanks.

[slick132]

Have you received NOTHING in response to your CCA request. They should at least send you their a/c T&C's.

 

Don't worry about the missing PM - that user hasn't even made any posts so may not even see the PM.

 

8-)

[chattanooga]

Have you received NOTHING in response to your CCA request.

 

Nope, and I've reiterated in every correspondance since that I'm still waiting and paying what I can afford as a goodwill gesture. That goodwill though has run out since they added Nearly £70 to the debt in response to payments of

 

They have ignored every mention of the CCA since and there has been a fair bit of letter tennis between me, BC, Mercers and Calders. Basically telling them the same thing. I am paying what I can afford, please remove the interest, where's my CCA, don't phone me, etc. etc.