Barclaycard - non acceptance of reduced payments

[moonwoman]

I'd appreciate any input on the following...

 

I sent a letter to Barclaycard around the third week in March, stating that due to a change in circumstances I could not meet the payments and could only offer £2 per month. Briefly my details are as follows:

 

I work part-time and bring in around £460 pcm. I've recently reduced to these part time hours, in part due to being off with stress last year when working in the same job full time. My OH is self employed - contracted building work. His contract had just finished and we were at the early stages of applying for council tax and housing benefit when I wrote to them. I explained all this in my letter. I also included the 'communicate in writing only' and the paragraph about revoking any rights they may have to send a doorstep caller.

 

I have received a response from them. I can't scan anything in at the moment so I have retyped bits of it here.

 

"Unfortunately, the amount offered is less than required for your account to be placed on a formal reduced payment plan. However we do appreciate this may be a difficult time for you and we would like to help you through any difficulties you are experiencing.

 

Please contact us on 0844 ........by April 20th. We are confident that we can help you to resolve this situation and offer repayment options that may assist you."

 

There is then a paragraph about organisations I can contact for help (CAB, CCCS etc)

 

The last paragraph is..

 

"IMPORTANT INFORMATION - PLEASE READ

We must advise you that if you cannot pay in line with the amount due on your statement you must call us to discuss the matter further. If you have not contacted us by the date specified above we may be unable to prevent the following further action:

 

Additional fees being incurred.

 

We may instruct Mercers Debt Collection LTD to send a default notice in accordance with our rights under section 87(i) of the Consumer Credit Act 1974. This action may affect your ability to obtain credit in the future.

 

We may refer your account to a local Debt Collector who may call at the above address to obtain payment of your debt.

 

To discuss the options available to you please call us on 0844 811 1574."

 

So - I am now trying to decide whether to send the "I am disappointed" letter from the templates, or to just send them a CCA request. I'm moving strongly towards the CCA request.

 

I would like some help though on the best 'legal' wording about my response to other bits of their letter... Twice in their letter they have asked me to call them, in spite of my own letter clearly stating 'in writing only.' (I did also ask if it would be possible to have an email address to communicate with them - to save on my special delivery postage fees - but they have totally ignored that.)

 

They have also mentioned the good old 'doorstep visit' again, although I had also already covered that in my letter to them. Last year I reported one of their door-step callers (to OFT I think- although memory is a bit hazy from that time - it was around the beginning of the time I was off work with stress) for his behaviour on my property, and I wouldn't mind mentioning that in my response as well. I am aware that their last paragraph is peppered with 'mays' but I'd like my response to be a bit more definite! Also - should I pay £2.00 to show willing, or should I just wait for a response to my next letter/CCA request?

 

Greatly appreciate any sample letters, advice or opinions.

 

Thanks,

 

Moonwoman

[dx100uk]

you TELL them what they are GOING to get

 

not the otherway around

 

its YOUR money, YOU control it - not THEM..

 

pasy it by internet banking site

 

but dont mis a payment.

 

dx

[the_shadow]

as DX has stated... take control of the situation yourself.

 

S.

[slick132]

Hi Moonwoman,

 

Unfortunately, sending off a CCA request is not likely to help you much these days. They will respond with a set of their T&C's and that's pretty much all they have to do. The a/c will not be considered to be in dispute.

 

Have there been any penalty charges added to the a/c. If so, these can be reclaimed in full with interest, to reduce the balance owing on the a/c.

 

I agree with the comments above, pay them the £2 each month or whatever you can afford, so you have shown willingness to pay at least something to them.

 

8-)

[moonwoman]

Thanks for your replies. Sorry - been staying at a friends since Easter. hence the long delay in replying. Slick132, yes there definitely are penalty charges on the account and I have considered this. At the moment I cannot afford the £10 to get the SAR. I will be getting another letter off to them soon now I am back home.

 

Can anyone point me in the direction of the info regarding DCAs offering to accept payments by credit card? (ie, increasing your debt) I have searched around, but obviously entering anything containing 'credit card' into the search brings up rather a lot of threads(!) and I cannot find a reference to to it yet.

 

Thanks

Moonwoman

[slick132]

Hi Moonwoman,

 

Even if you can't afford the SAR fee just now, use whatever a/c statements you have to start a list of penalty charges. Also read up on the process of reclaiming charges plus compound interest in restitution.

 

You can use this spreadsheet - http://www.shweb.pwp.blueyonder.co.uk/interestcalcs.xls

 

I'm not aware of any letter to deal with the specific issue of a DCA encouraging you to make a payment that will increase your credit card debts. However, there are a number of letters here that you may find useful - http://www.consumeractiongroup.co.uk/forum/content.php?590-Creditors-and-DCAs-Letter-Templates-Budget-Planner

 

[moonwoman]

Yes, you're absolutely right - I will need to read up on it if I go down that route, as I have not reclaimed any charges on any other accounts. Ref your point about the account not being considered to be in dispute for non production of a CCA agreement, I'm obviously out of date on that as well (more reading!) Does that mean that accounts that were in dispute for that reason previously are now no longer considered to be in dispute? I ask because my OH has a couple of accounts that have been 'in dispute' for ages, and they regularly get passed around from one DCA to another. I just file their letters and wait for it to be passed on to a different name!

 

Moonwoman

[slick132]

Hi MW,

 

It has been established that a bank can fulfill it's obligations imposed by s.78 CCA 1974 by sending you copies of the a/c's T&C's. They do not have to send you a copy of the credit agreement.

 

Once they've sent you the T&C's, they can assert that the a/c is no longer in dispute and they can resume collection activity.

 

8-)

[moonwoman]

Thanks Slick,So if Cabot have purchased a debt, does the same apply? (ie they can send a copy of the original terms and conditions, and then continue to pursue)? Cabot have been chasing an 'in dispute' account for a while - and I am considering whether to send them the 'do not visit my property letter, in response to their latest letter which threatens a doorstep visit. I was going to include that the account is in dispute, but now I'm not sure what is best. I'm aware they may not send a doorstep collector anyway - previous letters have included discount offers, the 'pre litigation' letter etc. I have ignored all previous letters as the account was in dispute as far as I was concerned at the time. Now not sure what to do.

 

moonwoman

[dx100uk]

if they have sent the 'discount' letter then that means something is not rioght and they will never go near a court with it.

 

its either un-en on paperwork reasons

or

the debt is mostly unlawful charges and/or PPI

 

pers i'd ignore them IF they have send a discount offer.

 

dx