OH's Barclaycard debt sold to MKDP

[Yorky55]

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

 

Briefly, my partner had a Barclaycard many years ago, got into debt, doesn't 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 isn't great, also recently he is recovering from open heart surgery?

 

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

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

 

over the years I have sent lots of correspondence to those concerned when he moved over a year ago,

 

He has never tried to avoid paying the debt, but realistically cant afford to pay all the debtors more than he can manage,

as priority debts such as rent, council tax etc should 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 account which was towards the 6 monthly rent due.

 

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

 

Thanks

[amiles1]

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.

[Yorky55]

Hy

please accept my appologies, I posted a post today, also I just found site, Im not sure how to link my post to you, if you can have alook for me about our problem as my partner is recovering from open heart surgery and I am feeling well stressed out now with all the hassle, many thnaks, even if you point me in right direction to links or help, I have all documenattion here

thanks Yorky55

[cerberusalert]

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.

[Yorky55]

Hy

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

1] The current a/c was only opened with Barclays bank, within the last month? Last Friday Barclaycard 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 Barclaycard?

 

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 that Barclaycard 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 their view there was only £1 left to pay debts? I have tried to be helpful towards the payment of this debt?

 

I didn't receive anything correspondence from Barclaycard, 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 really adding to my stress?

[cerberusalert]

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 separate 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.

[Yorky55]

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 their files as the one who is chasing the debt?

 

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

 

I want to get everything correct before I start sending the letters, also 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 account without my permission as debt isnt mine?

many thanks

[cerberusalert]

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.

[Yorky55]

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 both asking for a copy of the credit agreement?

 

2] Im paying £16 per month that's 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 reference act to help support my case

 

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

 

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

 

I have letters going out tomorrow.

 

Also Ive been turned down for basic current a/c applications from 4 banks?

How do I get the parachute a/c

What have other people done in this case

many thanks

 

Hy

I am having similar problems with barclaycard that i will be fighting for, on behalf of my partner, I note that you mention costs?

 

Please let me know, who and how much, does this mean that you will;

 

1]win case, dont have to repay debt, no costs?

 

2]above but have to pay costs?

 

3]lose and have to pay debt and costs?

 

many thanks

 

PS april this year he was rushed into glenfield hospital for open heart surgery, he is still recovering, I told Barclaycard and NCO of this

 

I really would be very grateful for your help or advice and I know you must be so busy with your time

 

thanks

T

[Reader]

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

[Yorky55]

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

[postggj]

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

[sam tyler]

subbing

[maroondevo52]

Thread moved.

[Yorky55]

what do you mean subbing?

[vint1954]

Hy

I am having similar problems with barclaycard that i will be fighting for, on behalf of my partner, I note that you mention costs?

Please let me know, whos and how much, does thi smean that you will;

 

1]win case, dont have to repay debt, no costs?

 

Yes

 

2]above but have to pay costs?

 

No

 

3]lose and have to pay debt and costs?

 

Yes

 

many thanks

 

PS april thi syear he was rushed into glenfield hospital for open heart surgery, he is still recovering, I told Barclaycard and NCO of this

 

I realy would be very gratefull for your help or advice and I know you must be so busy with your time

 

thanks

T

vint

[vint1954]

what do you mean subbing?

They are Subscribing to the thread. You can also do this using the thread tools.

Edited October 7, 2009 by vint1954

[2Grumpy]

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

[Yorky55]

hy many thanks

so do you think what im doing will be of value? I will send letter to NCO and Barclaycard asking for copy.

 

I guess I will have to keep making the monthly payments in the meantime, Ihope all thi stress doesnt cause another heart attack for him

many thnaks

 

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.

 

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.

 

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

[DonkeyB]

Keep making payment until they default on the CCA request. Then you can put the account into dispute - at this point you can legally withhold payment, but it depends on what you're trying to achieve.

[Yorky55]

thank you for your time

 

I would like peace and quiet and partner not to end up in hospital again or even worse, me having to arrange afuneral. they are adding or have added £400 interest in the last few months, I get no direct admision as to who is responsible.

 

It would be nice to erase the debt, but as it is his debt, it must be repaid, but surely at a level that is affordable a nd no more.

 

I am more than happy to take this battle on and even prepare court stuff to, it will probably cost a lot and be stressfull, what do you think, if you were in my place.

 

also - something occurs to me- if i did get his agreement, he doesnt remember how far back he had it, more than 9 years i think, if it is signed, wont that show it is a legal contract and well still have the same problems now, I may even contact FOS in relation to partner having had open herat surgery and barclaycard taking that £699 rent money from his bank a/c on friday

[DonkeyB]

Very sorry to hear of your partner's health problems. Things can't be easy for you.

 

It's good that you want to repay what you owe, but the fact is that Barclaycard is acting insensitively and possibly unfairly, so there's nothing wrong with you fighting back. If they don't have an enforceable agreement - which is very likely - then they cannot recover the debt in court. Should Barclaycard wish to take legal action against a very sick person, there's not a lot you can do, but they will look foolish and probably end up with £1 a month (and that's IF they win).

 

If they'd treated you fairly, and answered your queries, this would have been sorted by now. Because of their unsympathetic actions, I would suggest you go the CCA/SAR route. You will then find out the true position.

 

Sorry to be blunt, but in this instance it may be that Barclaycard chooses to pursue a possibly dying man for a debt when they have been informed of his condition - but equally, you can use the law to fight back.

 

Get a CCA and SAR off asap.

 

Edit: And it really would be better to start a new thread, maybe with the title "Barclaycard chasing my sick partner" - this will attract the experts. Give all the history and detail you can, and tell us the content of the communications you have received.

Edited October 7, 2009 by DonkeyB

[cerberusalert]

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.

[vint1954]

hy many thanks

so do you think what im doing will be of value? I will send letter to NCO and Barclaycard asking for copy.

 

I guess I will have to keep making the monthly payments in the meantime, Ihope all thi stress doesnt cause another heart attack for him

many thnaks

There is a template letter to send, as cerberusalert has posted on your thread.

 

Send the CCA request to The collection agency. Keep paying for now.

 

You then need to allow 14 working days from posting, before putting the account into dispute.

 

Sent the letter 1st class, recorded delivery.

[Yorky55]

hy

 

thanks a lot, I will do that today and get it sent tomorow, Ive paid them octobers £16 from my own a/c[not a barclays one], I wsill keep you updated, if you wouldnt mind, will you keep me updated with your progress and good luck with novembers court

all the best

T