Dotty's OH another claim! - Barclaycard & MKDR - **CLAIMANT DISCONTINUED**

[Dotty50]

Hi,

 

This is the response since sending the account in dispute letter, I used a slight variation from the template on here but the last question to them was asking for their confirmation of whether they hold the original signed executed agreement.

Response to AID - with deletions.pdf

[slick132]

Hi Dotty,

 

You are now the proud owner of BC's "Answer-All" template letter reply which they send out, pretty much regardless of your query.

 

I suggest you write back saying:-

 

"In view of the recent ruling by HHJ Waksman in the case of Carey -v- HSBC, I require that you confirm whether you do in fact hold the original and properly executed credit agreement."

 

See how they respond and send by Rec'd Del'y giving them 14 days to reply.

 

[Dotty50]

Hi Slick,

 

Thank you for such a quick response, your description is exactly my thoughts on reading the letter.

 

Must admit I was going to prepare a lengthy response but I much prefer your suggestion. Saves on my ink, paper and brain!

[slick132]

Hi Dotty,

 

I have to say that a lengthy letter to Barclays or BC is prettty much always a waste of time and effort, as they ignore the content.

 

[Dotty50]

Thanks Slick,

 

Is this short enough?

CCA YES OR NO LETTER - with deletions.doc

[slick132]

That looks fine .

 

[Dotty50]

Thanks Slick, will get it posted tomorrow

[hondaCRF25X]

Dotty what would be your advice on putting an account into dispute with Barclaycard ???

[Dotty50]

Hi Honda,

 

Depends on what you have done so far really, I have posted on your new thread.

[Dotty50]

Well I have has a response back to the letter sent in post 30.

 

Make of it what you will.

 

I guess the answer is no!

NO FURTHER DOCS - with deletions.pdf

[wmr]

Dotty :

 

I have just picked up your thread regarding Barclaycard.

Having had exactly the same problems as you,please take heed of what I say below and hopefully this will help you and let you know that you are not alone.:-

 

Last April 2009 I had cause to go through "CCCS" with my problems.

They did a "income/outgoing" schedule for me with a reference number.

 

Because I had a deficit end month, they could not take over payments with creditors. They therefore simply advised me to pay all creditors £1 and send a copy of the "CCCS" schedule to them. I formulated a letter to all the creditors pointing out the position and that as there was a deficit end month all I could do was pay £1. I set up a "Standing Order" with my Bank for each one and pointed this out in my letter.

 

It took about 6 weeks to get all "except Barclaycard" to accept.

At first they sent letters saying a £1 was not acceptable. I replied again with a 2nd copy of"CCCS" schedule and a further letter pointing out that as I had never missed a payment for years they should look at the case on a "case by case basis".

Everybody then accepted after about 6 weeks ...NOT Barclaycard!.

 

They replied after my 2nd letter stating that they would only accept £5 as a minimum and it had to be paid by "CCCS" on a arrangement. I wrote back again pointing out that "CCCS" could not take this on as I had a (deficit) end month. I was handling it myself with the help of "CCCS".

I pointed out that everybody else had accepted £1 and most had larger amounts owed to them than I owed Barclaycard.

 

They wrote back telling me if I didn't increase the payments they would pass it to "Mercers". (This is their own "in-house" lot although they don't want to let you know that by the way).

Mercers started ringing me up to six times a day. I did speak one day not knowing who was ringing. They were arrogant and threatened to send someone to my home etc. At that junction I kept my temper and politely but firmly told them I would be confirming the conversation in writing and sending copy to Barclaycard Customer Complaints.

 

I forwarded a letter pointing out that I required my phone number removed from the system and as they were taking that approach which I viewed as hostile, then all correspondence on the matter was to be in writing. I also pointed out that they would be reported for harrassment etc, (there is a template letter for this). This was sent by "Recorded Delivery".

A week after, Barclaycard replied stating they were entitled to ring me and would continue to do so. I replied, tellng them AGAIN that the reply and all correspondence would be directed to "Trading Standards"and "OFT" who licence them etc. They were told that no phone calls would be taken from them at all and all calls would be noted and used in evidence against them. I altered my ansaphone to take calls after ring number 2. That means that on the 2nd ring all calls are ansered by voicemail. That way I could take note of the number of calls in any given day.

 

Every evening at bed-time, take out your phone plug so that any calls made to you early morning, you will not hear. If you dial 1471 when you get up and plug back in you will know if they have tried to get you at 8am or so.

The standing order is still in place. They NOW have stopped completely at present (4 weeks). They tried writing again saying they were taking me to court etc, and I merely "FAX" back acknowledge receipt and tell them I look forward to receiving the court papers as any judge will merely order £1 (the same as they get). I also point out that it will cost them to get the same £1.

 

-------------------------------------------------

Whatever you do Dotty: DO NOT LET THEM INTIMIDATE YOU. IF YOU LET THEM SEE YOU ARE UPSET THIS IS WHAT THEY WANT. JUST PLAY THEM AT THEIR OWN GAME AND THEY WILL ACCEPT AT THE END THE FACT YOU CAN ONLY PAY £1

 

CCCS told me I was doing the very correct thing by dealing wit the matter myself with their back up schedule. Everyone else has agreed the £1 and the only problem I have is Barclaycard (MBNA is another story for another day...see my thread.. Optima/mbna/wmr.

 

I do hope the above is some comfort to you Dotty as I say, you are not alone with that lot.

PS: By the way..your request for CCA. That letter...I had exactly the same one last week; only difference, the name and address !!!!!!

Good luck and if you want any more advice, let me know regarding this lot

wmr

Edited May 12, 2010 by wmr

[Dotty50]

Hi WMR,

 

Thank you for taking the time to post on here, I realise we are not alone they really are so stupid not to treat individual customers on their merits but I guess they simply do not have the staff to cope or with the knowledge to deal with the problems.

 

Anyway, they have shot themselves in the foot because no payments will be made to them now and they can threaten all they like. If they produce an enforceable agreement, then we will talk.

 

I have also recently sent CCA request for my own BC and no doubt will get the same response!

[slick132]

Hi Dotty,

 

At least BC appear to have responded to the actual letter you sent, which is unusual in itself.

 

You have now reached an impasse with them and I agree that you should just ignore them for the time being.

 

We will, in time, see clarification about whether the banks have to say if they have an agreement or not and you should continue to research this point.

 

[Dotty50]

Hi Slick,

 

They have also responded to the letter I sent in post 22.

 

Can't really post it up here due to content but they refuse to stop calling, requested that we contact Mercers to talk through the process of I & E, said offer not acceptable unless it is 0.5% of the balance. Mercers will continue to contact by telephone, letter or personal visit until a suitable repayment agreement has been made. Must remember to re-stock the biscuit tin!

 

Not a mention of my oh illness (depression)!

 

Explanation of rude telephone call was and I quote, "However, the result is that the type of language and terminology the advisors use can often be construed as aggressive or unhelpful although this should never be the case".

 

The writer states that the complaint will remain open for 8 weeks after which time the complaint will be closed.

 

BUT last para says, Our aim is to resolve complaints internally although we recognise on this occasion this has not been the case. As we have not been able to agree a way forward, you may be able to ask the FOS to review your complaint. We will help you if you would like to do this!!!!!!!!!!!!!!!!! :?

[slick132]

Hi Dotty,

 

You could write back saying you request that they do not phone you because of the anxiety/depression which you mentioned before. And if they continue to call, a formal compliaint will be made to the FOS.

 

You could also ask that they stop adding interest and penalty charges (which you'll reclaim anyway) to give you a chance to reduce the balance. If they do this, you'll continue to make payments (only do this if you want to).

 

Have you contacted CCCS or PayPlan to see if they can negotiate a reduced or nominal payment.

 

[Dotty50]

It was a CCCS plan we sent in originally (all be it on a self help basis) and asked for interest and charges to be frozen.

 

Is the situation still the same though now? If a recon CCA is produced, are you still able to reclaim charges and fees by putting the account in dispute?

 

It seems to be agreed on here that by supplying a reconstituted CCA they have complied with your CCA request, so how can it still be disputed? Grey area for me!

 

I was thinking of sending a letter on behalf of my OH telling them how much more stress this is causing. They CANNOT imo carry on refusing or rejecting the offer made, if they want some money then they have to play ball!

[MARTIN3030]

I wanted to quote from the OFT DC guidance but desk is so full of paperwork I cant find it despite printing off another copy on Monday !!

 

From memory there is at least 3 or 4 things in there which you can cite.

 

This also appears to be bordering if not already Harassment.

They are bang out of order here.

[MARTIN3030]

Here take a look-scroll through it and see what I mean.

 

 

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[MARTIN3030]

I think in this instance the FOS will take too long-you really need to be sorting something more quickly.

I would suggest your local Trading Standards-although before this-you need to have a prepared complaint with ease for them-unfortunately many TS are not up to speed and need things on a plate-but they DO have pulling power to act if you show them whats what.

[Dotty50]

Hi Martin,

 

Actually I am pretty sure I have the OFT guidance, will check.

 

I also remember printing off details referring to mental illness and what they shouldn't do. Will have a look for this too!

 

Despite offering a fair distribution of payments not only to BC but others as well, it seems to me that non of them have the ability to deal with individual cases and just churn out standard templates, not giving any help at all!

[Dotty50]

Thanks for link Martin, yes I see exactly what you mean.

 

I agree FOS just inundated, not surprisingly so TS complaint certainly an option and I have no problem with drafting a letter for them.

 

Could just do with retiring from my full time job to sort this lot out!

[MARTIN3030]

Yep I know what you mean.

 

But done right they can be stopped.

[Dotty50]

Had an extra day off work to get some things done, one of which is this letter.

 

Any thoughts appreciated.

 

I did have some information off here regarding debt collection and mental health issues but can't seem to find it at the moment.

 

The telephone calls to seem to be reducing, perhaps they have realised that their not getting a response!

JUNE 1ST NO CCA NO PAY - with deletions.doc

[slick132]

Hi Dotty,

 

The letter looks fine but BC have such a reputation for not replying to letters, I fear it may be wasted on them.

 

I have only one query - you quote OFT DC Guidelines 2.12© but make no mention, in this letter, of why this is relevant to your case. Perhaps you made a point about this in one of your earlier letters but I think it would be better to reiterate the point so BC have it spelled out clearly for them.

 

[Dotty50]

Hi Slick,

 

Good point thank you. Yes my OH suffers from depression, which was previously pointed out to them and the fact that he is in receipt of long term incapacity benefit.

 

I will refer them to my previous letter advising this.

 

Thanks again.