OH's Barclaycard debt sold to MKDP

[Yorky55]

hy thanks

Turned down on the current a/c with co-op, but waiting for postal reply for the basic no chq book one, havnt heard anything yet.

Edited October 7, 2009 by Yorky55
missed word out

[IdaInFife]

also can try a cardcash account with bank of scotland

[Yorky55]

Hy

Barclaycard took money from current acount which is suposed to be for rent.

I pay £16 per month towards the debt,

 

I explained to Barclaycard that they cant take priority debt money of which rent is,

 

after a week or more complaining they refunded £275 of the £700 they took,

 

can I go to small claims court for rest, if so what do i do, or what else can I do,

contact FOS or what, anyone who can help please

 

many thanks

 

Hi they repaid £275 of the £699 they took,

can I get the rest back by going to court small claims or complain to FOS as this is supposed to be priority debt money as in rent.

 

any ideas what I can do,

by the way Im still paying the £16 each month?

[dx100uk]

called offset banking they are within their rights to only take what you are in arrears of only. not the whole balance

sounds like they took the whole card balance, phone the FOS tomorrow, that is not allowed.

demand a full refund with compensation.

 

i would also look at banking elsewhere so they cannot do this ever again.

 

dx

[Yorky55]

Hy

to begin;

*Barclaycard started many years ago, more than 8 or 9 I would say

* Ended up in debt, it is now £6,600

*NCO debt company, paying £16 per month, Barclaycard have not responded

*I have had open heart surgery in april this year and am recoveribg

*They took £699 from my curent a/c which was towards rent money

*I complained, heard nothing at all but they refunded £275

*I sent letter with all copies of debt expenditure, proposals and about my health, also to refund the rest of money, currently paying £16 per month, I aske dthem to stop interest each month of which they have charged £400 since april 2009

 

Now, I have a CCA letter ready to send to Barclaycard and NCO

 

If they refuse to pay the rent money back, I intend to contact FOS to complain and maybe small claims court, I need help pelase so that I can make sure I do things legaly/properly.

 

I am not evading debt, as I am paying what I can afford, but how do I get the contract agreement sorted, is it worth it, will it be legal etc.

I will keep everyone informed so other peoploe who are in the same circumstances can folllow this and take advice/hope in battling against such problems, many thanks

[PGH7447]

Hi send the CCA to NCO,

 

I take it you bank with sharclays which is why they raided your account, I strongly suggest you open another bank account up with someone else then start the fight

[Yorky55]

Hy

I am in process of sorting another curent a/c with someone else. I rem oved all but £5 from a/c as this is my rent money.

should I send a cca to barclaycard and do you think I can make a small claims court claim for thge reovery of the rest as rent money is a priority debt which should come first

thanks

[maroondevo52]

Hi, Yorky55.

 

They can and will use the 'right of offset' when you have more than one account with them.

 

Do you have any idea how much they have applied to the account in charges.

 

I'll move this thread to the Barclaycard Forum.

 

Regards.

 

Scott.

[IdaInFife]

scott you may want to move the other 2 threads into it as well

 

ida x

[maroondevo52]

Hi, Yorky55.

 

I have merged all your threads on this subject, makes it a whole lot easier for people to help you out.

 

Please continue to post on this thread.

 

Thanks.

 

Scott.

[Yorky55]

Wow...please stop Im dizzy?

 

Please explain to me, that if Im sending a CCA letter to NCo and Barclaycard, to find out if agrreement was proper or not, what guidance am I using, a template that I am using was recomended on this site which states using the s78[1] consumer act.............

now your saying not to use or even mentiion it??????

 

so what do I use in order that I do trhings properly and that I dont get into donky plop?

many thanks. I was sending letter this week so can you get back to me asap please

many thanks

[dx100uk]

scott you may want to move the other 2 threads into it as well

 

ida x

 

sorry missed those

 

dx

[dx100uk]

hey listen

 

done pussyfoot around with a cca request esp for BC as they dont bother to send the correct docs anyhow

 

going by the merged threads this has been more than 10days now.

 

[oh and its useless telephoning faxing email etc etc, they have your money they will just stall and stall stall]

 

get the FOS involved by phone tomorrow.

 

just be correct in a couple of things though, BC has the right to take arrears ONLY ie if your credit limit was £300 and you were at £320, they can only take the £20! not the full amount.

so that is what you are complaining about , FOS should jump on them quite quickly.

 

dx

[basa48]

I would still send an s78 request AND a SAR.

 

This thread is pointing out that creditors can send any old BS in response to an s78 and insist they have complied with the Act. SAR is better but still open to abuse by creditors.

 

This CPR route is good only if litigation is about start.

[lexis200]

I agree; there's no harm in showing that you've tried every avenue to get the info! It only goes to show the creditor as being obstructive/misleading if they don't send what you specifically ask for.

 

I think though - and I'm sure DD will correct me here if I'm wrong;) - that the CPR can be used as a pre-action tool to see if you/they have any merit if you were to decide to go down the court route.

[Yorky55]

Ok

I want the money back that they took out the curent a/c which is for rent £699

it is due in Feb 2010 [6mths] as it is paid 6 monthly. It is £3,500, so £699 is going to leave me very short

at present income is very low and I have only about £30 per month left over to pay my debts

Barclaycard

I curently pay £16 per month to NCO

Barclaycard added £400 interest from april 2009 to date? although barclaycard said they didnt and it was NCO-????? NCO say they didnt it was Barclaycard

 

I tried explaining to Barclaycard I have sent regular comunication to Barclayacrd- no reponse only Via NCO

 

what I want is the interest to stop the interested deducted that they added and the return of the rent money

 

by the way Barclaycard refunded only £275 into bank

I drew this all out and put away elsewhere

 

I had open heart surgery in april 2009 and am still recovering

 

I dont expect my income [self employed] to be any better] in jan 2010 so renat arears are an issue, the £16 per moth will have to be reduced even more

 

I have never avoideed paying the debt, but if they add £more than 60 pe rmonth % to a a/c each month it isnt going to help, if I drop dead, it certainly wont help-they end up with nothing

what can I do please

 

send CCA RSA go to court for the rent money they took contact FOS banking code board etc

 

I hope someone can help, point me in right direction, Acts, laws leads etc to defend my case or to support my argument

many thanks

 

I think I will take a chill pill now.......my partner has taken a full bottle?????

[Yorky55]

hy

what is a 31.16 and 31.14

thanks

[Yorky55]

hy

I am in similar position, I will send a cca NCO

they have added no end of interest, even when they were told I am in debt problems and am paying £16 per month to NCO, they also added £400 intrest from april 2009 and took out £699 money from my bank a/c which is saved for rent payment.

what I want is to have the following;

 

1]my rent money back-can I go to FOS/court or other to get this back

 

2]The interest deducted or stopped

 

Ive also had open heart surgery in april 2009 and am still recovering, my partnetr will fight for me, even go to court, but we need to know what acts and what info so that we can proceed, over the last year regular payments off and on of £16 pe rmonth were made, untill a few months ago, when we wanted confirmation that NCO were actualy the legal people to pay the debt to as Barclaycard told us they hadnt known of them and it was RMA and NcO was instructed by them

 

so where do we stand, many thanks

 

It is so daunting and confusing, can anyone give us step by step guidnace and legal acts etc links so we can print off and put together and maybe is anyone willing to help mentor me

many thanks

[diddydicky]

type CPR31.14 into your browser and then CPR 31.16 for a full lowdown

[angel_1]

hy

what is a 31.16 and 31.14

thanks

 

 

hiya Yorky55 - 31.16 is explained at the beginning of this thread page 1 onwards its a legal request for info from your creditor before any legal court action has started and the other one 31.14 is when legal action has started and you request information to help with your defence and to see what documents the claimant will rely on in court

 

pls guys tell me if ive not got this right with my explanation

 

laters angel x

[Yorky55]

Hy outstanding debt was £6200 in april 2009 it is now £6600 as they added interest

 

the barclaycard a/c debt was passed to several DCA and monthly payments started at diferent times, until more recent which NCO took over, which I didnt know untill Barclaycard took the £699 rent money

hope this helps a bit more

 

Hy

my next step is to quote banking guidlines in that they are not helping when in debt, complain to FOS and i wonder if I can take the matter to court to recover the money as;

 

Priority debts are;

Priority debts are your most important debts – ones which cover your essential costs of living. Your priority debts include:

Mortgage / Rent

Secured loans

County Court Judgments (CCJs)

Magistrates’ Court fines

Gas, water, electricity & telephone

Child maintenance

Council tax

Tax

VAT

National Insurance

TV licence

Essential Hire Purchase goods (e.g. washing-machines, cars)

Certain overpayments for benefits & Working / Child Tax Credit

If you do not keep up on your priority debt repayments, you could:

face losing your home / eviction

have your gas/electricity/water supply cut off

have your possessions taken by bailiffs

face a jail sentence (but only in extreme circumstances)

 

Non priority debts are;

Non-priority debts

All your other debts are known as non-priority debts. This category includes:

Credit / store cards

 

Overdrafts

Unsecured loans

 

Catalogue debts

Credit agreements

 

Conditional sales agreements

　

Non-essential Hire Purchase goods (e.g. TVs, stereos)

The term ‘non-priority’ doesn’t mean you’re not legally obliged to pay them back, and it doesn’t mean your creditors won’t expect repayment. But it does mean that these debts are less important than your priority debts – and that your non-priority creditors are limited in terms of what they can do if you don’t.

 

sorry I submitted befor I finished

 

as I have only about £40 left to pay non priority debts with, Barclayacrd taking my £699 money from Bank for rent, should be viewed as, well not very nice?

any advice for how I should go about doing it from those who are expert

thanks

[Yorky55]

HyIm so thick?so when I send the CCA stateing the act 77 thing, Im not using 31.12 or am I, I absalutley have no idea where I am now with trying to sort out the debt issues with Barclaycard, trying to get the money they took for rent etc, trying to stop the interest on the debt?Help please

[AA99]

Yorky, if you have not received the CCA at all or within the stipulated time-frame, you next send a letter called Account in Dispute. It's in the library templates and you are telling them that while it's in dispute, they are not allowed to process the account any further in any direction.

[basa48]

HyIm so thick?so when I send the CCA stateing the act 77 thing, Im not using 31.12 or am I, I absalutley have no idea where I am now with trying to sort out the debt issues with Barclaycard, trying to get the money they took for rent etc, trying to stop the interest on the debt?Help please

 

s.77 is a clause in the Consumer Credit Act 1974 which allows the debtor to request a copy of the agreement (allegedly) entered into at inception of the loan/credit agreement. It is an Act of Parliament written to protect the consumer from unscrupulous creditors by setting out rules they have to abide by if they want the agreement to stand up in court.

 

CPR 31.14 & 31.16 are Civil Procedure Rules whereby the court system sets out procedures for running civil court cases. It applies to all/any civil matter not just money claims or the Consumer Credit Act.

 

31:14/16 allow parties to inspect the other case evidence prior to going into the courtroom (31:16 is before court action is started, 31:14 is when court action has been started).

[the_shadow]

hiya Yorky55 - 31.16 is explained at the beginning of this thread page 1 onwards its a legal request for info from your creditor before any legal court action has started and the other one 31.14 is when legal action has started and you request information to help with your defence and to see what documents the claimant will rely on in court

 

pls guys tell me if ive not got this right with my explanation

 

laters angel x

 

close enough..

 

CPR 31.14 is for disclosure of documents referred to in a statement of case, so you can only request whats mentioned or averred to in the particulars of claim.

 

CPR 31.16 is for pre-court disclosure of documents you think will help in a case against another party.

 

CPR 18 is for general disclosure of information whether or not its referred to in a statement of case or particular of claim.

 

S.