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Barckaycard = MKDP LLP or shall a DRO be better what do I do


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I have spent over 1 hr trying to sort out this problem.

 

Briefly, my partner had a Barcyacard many years ago, got into debt, doesnt have a card anymore.

 

Has a debt of £6,600 approx, although it was about £6,200 in April this year,

 

Agreed payments of £16 per month were made to a debt company.

 

cant pay anymore as income from self employed isnt great, aslo recently he is recovering from open herat surgery?

 

I spent ages, time and phone calls calling Barclaycard and the two debt companys,

Barclays say it is the debt company adding on interest which is about £60 to £70 per month,

 

over the years I have snet lots of coorespondance to those concernered ven when he moved over a year ago,

 

He ha snever tried to avoid paying the debt, but realistacaly cant afford tto pay all the debtors more than he can manage,

as priorty debts such as rent, council tax etc shoule be the main concern.

 

It seems the debt company is imposing the interest and that Barclaycard cant do anything about it,

Barclaycard even took £699 from bank acount which was towards the 6 monthly rent due.

 

Can anyone please help, sugest other areas where I can get advice, law or consumer rights information on this.

 

Thanks

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1) Cancel any direct debits connected to your friends bank account that Barclaycard or the debt collection agency have used to obtain monies in the past.

 

2) Cancel all bank cards that Barclaycard or the debt collection agencies have knowledge of, to prevent them taking any further monies.

 

3) Contact the CCCS (Consumer Credit Counselling Service).

 

They are a free service who can act as a liaison between your friend and his creditors,

to try and agree a lower monthly repayment based on your friends available income each month.

 

They will enquire into your friends income and outgoings and then contact his creditors to arrange a suitable repayment plan,

or alternatively, offer advice regards the best course of action for him.

 

 

Hope this helps Andy.

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You should send a CCA request to the debt collection company you are paying now to see whether there is in fact an enforceable agreement in place http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter You should send this recorded delivery enclosing a £1 postal order & do not sign it.

 

Send a SAR to Barclaycard http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca this will cost £10 but will help you determine several things. The first will be whether there is a CCA, the second whether the a/c was sold to the DCA if it was they cannot add any charges. It will show the balance of the a/c too. You will get copies of statements which will allow you to reclaim all the unfair charges which may have been added over the years, as well as if you were missold any PPI which can be reclaimed.

 

With the CCA request the DCA has 12 working days from receipt of your request to provide an enforceable agreement, if they fail you can withold payment until they do. If they provide an agreement scan it, remove identifying details and post it up here and we'll check it out for you and advice from there.

 

Barclaycard have 40 calender days to provide the information.

 

If you are still banking with the Barclay group you would be advised to open a parachute a/c elsewhere because banks can offset between a/cs. Meaning they can take monies from one a/c to pay another which can in effect cause that a/c to become overdrawn too incurring further charges.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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Hy

many thanks, Ill try to adress the points in order;

1] The curent a/c was only opened with Barclays bank, within the last month? Last Friday Barclaycrad took the £699 rent money from it. this a/c details was given to no one at all, no DDs or to debt collector agency, not even with barcyaycard?

 

2] The barclaycard itself was cut up and not used years ago? I thought that RMA were now dealing with debt, I only find out theat Barcyacrd took the money on friday when I investigated why £700 went missing in a/c, this was for rent purposes?

 

3] I tried CCCS and in there view there was only £1 left to pay debts? I have tried to be helpful towards the payment of this debt?

 

I dont recieve anything corespondance wise from Barclay card, it is via NCO agency? but found out today that £400 interest was added over the last few months to the debt which is £ over £6,500 The payment of £16 is all that can be made?

 

I am now at my wits end and with partner recovering from open heart surgery as well, it is realy adding to my stress?

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Barclaycard and Barclays Bank are all part of the same group, so when you opened this new a/c it would have been flagged up on their system.

 

You should contact your bank and claim hardship and ask them to return the monies because it is for rent. You must open a seperate a/c tho' with somewhere like the Cooperative where you can get a basic a/c with DD facilities and access through any post office, otherwise this will keep happening.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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Hy

Im a bit confused;

*CCA is what? do I send this to NCO who I am paying the £16 a month to or RMA who Barclaycard say is on there files as the one who is chasing the debt?

 

*DCA is what? do I send this to Barclaycard first,

 

I want to get everything corect before I start sending the letters, aslo I want to get them done asap, as I have used my debit card to pay my partners two months £16

 

also as I am helping my partner, by the use of my own bank not Barclays though, am I to worry about Barclays/debt agency taking money from my acount without my permision as debt isnt mine?

many thanks

Edited by Yorky55
forgot to add this important bit
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CCA is a copy of your credit agreement, you send that to whoever you're paying now.

 

DCA = Debt Collection Agency

 

it's a SAR you send to Barclaycard.

 

also as I am helping my partner, by the use of my own bank not Barclays though, am I to worry about Barclays/debt agency taking money from my acount without my permision as debt isnt mine?

They cannot take any money from your a/c without your authorization, you are not the debtor.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Hy

1]Barclaycard is the company who is using NCO as its debt collecting agent?

Do I send a letter to NCO first or Barclaycard or bothe asking for a copy of the credit agreement?

2]Im paying £16 per month thats all I can afford, debt was £6,200 in april 2009 it is now £6,600 as they dont seem to be stopping interest, what can I do

3]i am not trying to avoid the debt, but need some legal or other areas such as law or refernece act to help suport my case

4]Will the leters asking for copies of agreement cost me more in long run?

5] Finaly, one debt agent wont help me as it seems Im not cost worthy as I dont owe enough??

I have leters going out tomorow.

Also Ive been turned down for basic curent a/c applications from 4 banks? How do I get the paraglide a/c

What have other people done in this case

many thanks

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Hi Yorky I picked up this thread from Sellyservis' thread. Perhaps a more experienced Cagger will tell you who to send the CCA request to, I am not sure as I originally CCA'd the banks.

 

It is best to send a CCA as it will determine if they have an enforceable agreement and if they do not send the agreement within 12 plus 2 days then you can put the account into dispute and withhold payments. This will give you some breathing space. Whilst the account is in dispute they should also not add interest. If they do have an agreement well that can be scanned up and someone will have a look for you and let you know if it is enforceable or not.

 

With regards to harassment notify the OFT as they are probably breaching OFT Debt Collection Guidelines. Keep a log of all calls received and any messages etc together with all letters (always keep the envelopes and date when you receive any letters). I had major surgery recently and the Banks were notified but that did not stop their harassment but the OFT were quite interested.

 

With regards to a parachute account I have heard that the Co-operative Bank has a basic account and can be opened online.

 

Reader

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Ive been looking at several pages and threads, acts, templates and much much more, this site is an Aladins cave, full marks and thanks to people who are looking aft6er and creating it, I will obviously donate money to the site on my partners behalf.

 

Curent state

Barclaycard no longer in use obviously - debt with NCO via RMA £6200 as of april 2009 - today its £6600 as theyve added interest.

 

My partner has just undergone open heart surgery and is recovering which was april 2009 thi syear.

 

payments of £16 were started as that is all he can pay this year, I have a template for CCA and a DCA which I will try to do this week, am I doing the correct things

 

trying to pay of the debt each month-isnt this an indication that I acknowledge that there is a debt and therfore the barclaycard contract must be legal-or am I missing the point?

Please let me know what the correct procedures are from now on as I dont want to make a mistake, I am very concerned about all the stuff with sd, defailt courts etc? I am more than willing to learn as much as i can and even represent/stand up for my partner in court, but I told Barclaycard and nco of his health issues and odnt want hinm to get to stressed.

 

So at present;

i paid £16 x 2 for Sept & October 2009 payment, it was accepted for now By NCO, Barclaycard took £699 from his a/c on friday, this was part o fhis rent money, I spent hrs on phone with Barclaycard,NCO and RMA to try and work out who and why £400 interest was added to outstanding debt in view of the £16 paid and no further amounts above £16 can be paid.

 

Im all over the place[including this site] so if anyone can help with step by step advice I will be for ever gratefull

thanks

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If This Account Has Bee Taken Over (assigned To Nco)

How Can Barclays Raid His Account

 

I Would Go Into Your Branch And Demand The Money Be Repaid As The Account Does Not Belong To Them Any More

 

Paying Does Acknowledge The Debt But If They Dont Have A Compliant Agreement, Its There Loss

 

So A Cca Request To Nco Is A Must

Send By Recorded Delievery

 

How Long After You Stopped Paying Barclaycard Did A Debt Collecting Agency Contacted You

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Thread moved.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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It sounds like you need to open an account at a bank where you don't have any credit cards & start having any income paid into that.

 

You would need to move direct debits there as well

 

That will stop Barclays (or any other bank) helping themselves

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hy

many thanks for advice, its all a bit daunting, I will send the letters to NCO and Barclaycard, I suppose I will keep making the payments each month.

 

Trying to get a Debit card bank a/c, not easy as several have declined due to credit score?

 

I will post the replys I get when I get them, not sure how I copy them an dpost them though.

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hy thanks for reply

 

he didnt have a sole bank a/c un till a month ago. I didnt know that Barclaycard took the £699 untill Friday just gone.

 

contact and debt payments were arranged in 2007/2008 with collecting agents, then he moved in April 2008,

 

i told them of new address in may when there was one.

 

I heard nothing from barclaycard at all since end of 2007.

only the agency,

 

Payments stopped as I was uncertain that the new agency NCO were who they were,

 

I made two payments untill they stopped in Sept 2009 as my concern was that barclaycard hadnt replied to any of my letters

and my partner had undergone open heart surgery in april 2009 and is ill.

 

does this help at all.

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Hy

just to add, I may have confused you.

 

NCO-The debt agency/barclaycard debt, is who I paid the £16 per month two and this week two payments to cover the missing months. sept/oct 2009.

 

barclaycard have replied to non of my comunications at all for months.

 

the current a/c that was opened at barclays bank was for him to save towards rent due feb next year as it is paid 6 months in arrears. It was barcyacrd who took the £699 from the a/c, Barclays bank say nothing other than-barclaycard has a right to remove the money

 

I have spoken to recovery dept, barclaycard all day monday and RMA and NCO, I am trying to get the money back - i sent faxed copy of rent agreement etc as surely the rent is apriority debt?

 

hope this explains better

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The Cooperative bank do a basic a/c which includes direct debits, debit card with visa electron but no cheque-book or overdraft + you can use any post office to deposit cash/cheques or withdraw cash.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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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 by Yorky55
missed word out
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also can try a cardcash account with bank of scotland

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

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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 3275 of the £700 they took, can I go to small claims court for rest, if so what do di do, or what else can I do, contact FOS or what, anyone who can helpe please many thanks

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Hy they repaid £275 of the £699 they took, can I get the rest back by going to court small claims or complain to FOS a sthis is suposed to be priority debt money as in rent.

any ideas what I can do, by the wauy Im still paying the £16 each month?

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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

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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

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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

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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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

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