Barclaycard Cabot Harassment for old Barclaycard debt - in scotland - Please help

[24233513afw]

Many thanks again citizenB

i shall copy this non compliance letter today and get it away tomorrow.

 

I wasn't sure if the 12+2 meant 14 working days and i was allowing for the two bank holidays good fri + Easter mon.

 

Now I have received a letter from Barclaycard CC to say they are sending a doorstep collector to my home on 23/4/09...

thats thursday they want me to call them if this is inconvenient (which it is as my husband is not a well man and i dont want them coming to my door.

 

Would you suggest calling them or let them come and get my daughter to answer the door.

 

I have just sent my £10 P.O. and request for charges/statements today.

 

Would you call them? .

[citizenB]

Nope, definitely do not telephone them. Another letter for you to post where you are threatened with a Doorstep visit:) You are advising that all communication is to be done in writing.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/590-letter-used-when-a-dca-threatens-a-doorstep-visit-.html

 

It is not unknown for a visit to actually be made, however it is usually just a threat in order to get you to phone them. Dont, they will say things to you on the phone that they wouldnt dare to repeat in a letter, which is why you want all communication in writing.

 

I suggest you also print out a spare copy of the letter and keep it by the front door. Should they send a caller... then just calmly and quietly hand them the letter, and ask them to leave or you will call the police.

Edited April 21, 2009 by citizenB
spelling :)

[24233513afw]

Good Morning citizenB

I am just about to post Debt Collector Doorstep visit letter and keep a copy at the door as they are due to visit tomorrow but have noticed that it states on this letter (Implied licence under English Common Law) would this still apply to me as i live in Scotland.

Sorry to be a bother was just frightened to send this letter in case it I was doing something wrong.

[citizenB]

Oh b*gger. Sorry, I dont know, I will amend your thread title to reflect you are in Scotland and try and find someone to confirm.. Dont post the letter just yet.

[buzby]

There's an identical implicit right under Scottish Law. However, they haven't asserted that . It looks on the face of it's just part of the ongoing scare tactics - they may (or may not) subcontract a local agent to visit you, but a mistake such as their reference to inappropriate law does make this appear to be a slap dash approach.

 

What you need to remember is that they are allowed to call at 'reasonable' times to discuss their concerns. However, you are not forced to make an appointment, or even be in when they call.

 

There is nothing wrong in you insisting that you would love to discuss the matter with them, unfortunately you require an independent person to verify and act as a witness to any discussions and this can be difficult to arrange, but should they wish to further discuss the matter in writing, it will have your immediate and urgent attention.

[citizenB]

Thanks Buzby,

[24233513afw]

Many Many thanks busby for your help i shall sit and wait their visit tomorrow and let you all know what happens....This forum is a life saver to many people out there please all of you keep up the good work hopefully when I manage to work my way around the site I too can try and be helpful to people like myself.

[buzby]

We've all been there - and the shared experiences on CAG help take much of the pressure off. There is still a stigma arrached to 'debt collectors at the door' but it#s not as if they're allowed to have 'Debt Collection' painted on their car...

 

Actually, before you lose the place with the visitor - asssuming he turns up at all - he'll probably be a local guy working for an agency that undertakes house calls for a large number of DCA, Their purpose is to collect money or elicit a response, they really don't care about the issues or the complications. Neither do you need to invite them in.

 

If the situation isn't as the agent describes to you (and it often isn't) don't get worked up, he's only getting around a fiver to visit you and will have a list of places he needs to get to , so it's not in his interests to linger or debate your problem - and if truth be told, it's none of his business anyway.

 

A good tactic if you inadvertently open the door to one, is ask to see some ID, this should bear the name of the company you recognise, NOT a third-party outfit that has been drafted in to chase your payment. Keep cool and say you've never heard of Acme Recoveries (or whoever), and as you don't discuss 'business' on the doorstep, get his client to write.

 

They normally tick the box there was nobody in and move on....

 

[24233513afw]

Hi Folks

 

Received this CCA from Barclaycard yesterday seems to be only T & C's which it appears everyone is receiving from Barclaycard on this forum. Could they be trying to lead us up the garden path by sending everybody the same so that nobody really knows if they have a true copy or not until it is too late.....by that time they have taking you to court.

 

Any coments would be gratefully received.

 

Here is the copy of CCA I received from Barclaycard is appears to be only T & C's as I said above:

 

BarclayCard Page 1

BarclayCard Page 2

BarclayCard Page 3

BarclayCard Page 4

BarclayCard Page 5

BarclayCard Page 6

BarclayCard Page 7

BarclayCard Page 8

BarclayCard Page 9

BarclayCard Page 10

[24233513afw]

PLease can any telll me is the above CCA enfroceable ? All it seems to be is Terms and conditions IMO I would imagine anybody could send me a copy of these.

[FlyboyAgain]

They look acceptable, but where is you signature? These just look like T&Cs that could have been printed off yesterday.

 

How old is this account?

[FlyboyAgain]

From what I've seen on this forum, Barclays seem to be the worst of a rotten bunch. They can't just send out any old faff, but it's crucial to know the date of your agreement.

[IdaInFife]

not enforceable, you could reply with::

 

Dear Sirs,

Account no xxxxxxxxxxxxxx

 

Re: my request under the Consumer Credit Act 1974

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

My request remains outstanding. A copy of your current terms and conditions with no personal details on it, like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. A blank agreement neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

You had until xx/xx.2008 (12+2 working days after the request was made) to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation.

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

I expect you to write to me confimring that the account has been closed and no further action will be taken.

I look forward to your reply.

Yours faithfully

 

Ida x

[24233513afw]

Hi everyone

 

Sent letter that ida advised telling them CCA not enforceable also sent fro charges, over the past 5 years the charges add to £706 they have sent me a letter offering £476.00 any idea what I should do accept or decline not sure what the chances are!! especially now I have challanged their CAA

ANy help/advice/comments greatly appreciated.

afw

[maroondevo52]

Hi,

 

It depends on what your trying to achieve, whats the balance on the account ?

 

Regards.

 

Scott.

[IdaInFife]

if it will only make a small dent on the balance, you can still go the two ways.

 

you could go all the way with the charges to get the full amount and if there is still a a balance they go the cca go away route.

 

if the all charges will wipe it clean and try to get them to remove any default applied as well.

 

Ida x

[24233513afw]

Hi Scott & Ida

Many thanks for you quick responses.

 

Cant remember what the balance is without looking it up but I think the balance was approx £1,900 so this would make a good dent on the balance. Then I could maybe hassel a bit with an offer of settlement seeing as you all seem to say that the CCA is not enforceable.

 

Cheers

Afw

Anybody else feel free to comment the more the merrier as they say!!

[IdaInFife]

if that's the case then refuse their offer and continue with charges claim

 

 

ida x

[24233513afw]

Ta Ida your a gem thanks for the speedy reply you must know I am sitting here on egg shells waiting patiently for someone to guide me, you lot are true hero's/heroine's keep up the good work I was wondering I read a lot of posts regarding a cag caller rory who seems to be very well clued up however have not seen any posts/replies from him since I started on the forum I do hope he is okay as he seemed a treasure to have on this forum.

Cheers again Ida

afw

[24233513afw]

Hi everyone

 

After writting to Calders Finance (Barclaycard collections)for CCA on 28/5/09 I received a Blank copy (See copy in post No.1). I think we all came to the same conclusion not enforceable.

 

18/6/09 - Sent Account in Default again they sent me a Blank Copy of same.

 

1/7/09 - Re-sent Account in Default.

 

Today 16/7/09 - Received letter from Barclaycard "Not accepting Acount in dispute" letter.

 

Can anybody advise me what my next step should be they are asking for legal and documentary evidence to support my claim. Also they claim that what they have sent me has been interpreted in the High Court as an issue of what is an executed agreement.

 

Letter posted here:

 

Barclaycard Letter Page 1

Barclaycard Letter Page 2

Barclaycard Letter Page 3

 

ANy comments on what my next step should be greatly appreciated.

Cheers

AFW

[craigers]

Page 2: They say the application form is designed to show you signed a contract with them. It still doesn't prove the existence of an executed agreement. If they have one, then why not just give you a copy to end the dispute? They don't have one, thats why.

 

Make a subject access request, specifically asking for a copy of the executed agreement and the T&Cs at the time the account was taken out.

[IdaInFife]

there ain't much you can do i'm afraid.

 

as youknow it's a waiting game.

 

if they had one surely they would just send it to get you to pay.

 

Ida x

[IdaInFife]

if you want to reply keep it simple

 

 

dear twats,

 

thank you for your letter dated xx/xx/xx, the contents of which have been notes.

 

I have already advised you why several times as to why this is account is in dispute ans still is.

 

Please be advised that i will not be offering any further payments or responding to any further communcation from you until I recieve a suitable response to my request under Consumer Credit Act 1974.

 

Now fook off

 

Ida x

[FlyboyAgain]

if you want to reply keep it simple

 

 

dear twits,

 

thank you for your letter dated xx/xx/xx, the contents of which have been notes.

 

I have already advised you why several times as to why this is account is in dispute ans still is.

 

Please be advised that i will not be offering any further payments or responding to any further communcation from you until I recieve a suitable response to my request under Consumer Credit Act 1974.

 

Now fook off

 

Ida x

 

But is it still in dispute, given that they have complied with the CCA request? There seems to be no other designation, at least that I can find, for an account that is uenforecable. I don't think that you can still say it's 'in dispute' after the have complied with CCA s77/78. I think it stays as 'unenforceable'.

 

We need to be clear on this, for it may trip us up with creditors.

 

And, yes, as Ida says it is indeed a waiting game. I am still swithering where to use s142 and go after them in the courts for a strike-out as I fear the judge could 'go the other way' on the day. Paranoia, I know, but sometimes that's a good thing.

[IdaInFife]

they have not fullfilled there obligation under the cca1974 and until they do so it is in dispute. they know exactly why it is and are hopeing craigers will fold.

 

only if they supplied something that was a cca but it was illegable for example then the 'wiording ' would change.

 

if anything this like is to go to court the more ammo you have the better

 

 

the last RBS case the judge had noted that RBS had been advised many times why their cca was unenforceable due to lack of prescribed terms and didnlt take to kndly that RBS still went ahead with court and judged it as an abuse of court process.

 

Ida x