OH's Barclaycard debt sold to MKDP

[diddydicky]

s78 if it is a credit card debt

[angel_1]

Thank you the shadow - for your further clarification cheers angel x:D

[dx100uk]

write a letter to the complaints dept of Barclay. stating again that you are unhappy with their actions and want your money refunded & that taking £699 is a joke.

you p'haps need to exhaust the barclays complaint proceedure then i would contact the FOS or do it now and see what they say.

you also need to SAR barclays and get all the statements for the bank A/C and the CC.

then reclaim the bank charges under hardship rules & reclaim all the CC charges & p'haps mis-sold PPI?

 

FYI: whatever barclays says, a DCA CANNOT add charges nor interest, i think you are getting the run around.

 

 

dx

[Yorky55]

Thanks DX100

everything is getting on top, as partner has had open heart surgery in april 2009 and is recovering, this is who I am fighting this problem.

 

I have a letter drafted - headed Formal complaint, will send it to recovery dept liverpool, I guess.

 

they havnt replied to my last letter requesting the full £699 back nad explaining that partner has had pen heart surgery and isnt well enough at present.

They put £275 into his a/c only. I had him take it out and put into another a/c.

 

content of my letter includes, extracts and quotes that highlight ;

Priority debts being rent and non priority being card debt.

 

also £16 per month i said is all he can afford to NCO

why the balance jumped from £6200 in april 2009 to £6600 now

 

he has no writen or otherwise statement, payments or balance? dont even get a reciept for the payments I have just paid him?

 

also I will highlight aspects of the banking code in relation to this complaint

 

finaly I said if I didnt get a reply/ the rest of the £699 they took wihtin

10 days I will complain to the FOS

 

not sure what else I can do

 

PS £10 & £1 payments for CCA and the other one, who is the chq or postal order made payable to, or do I leave it blank

 

many thanks

 

will keep you posted in case I can be of help to anyone?

 

PS well PPS- I have kept all dates, copies notes of telephone calls and letters etc over the last 18 months concerning Barclaycard & NCO & RMA and previous DCA

 

Leter replies from Barclaycard = 0

 

Recovery Department

Barclaycard House

Norwich Way

Liverpool

L32 8UY

 

Ref; Data Protection Act 1988 - Subject Access Request

 

Data Protection Act 1998

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: 0000000000000

 

I would be most grateful if you would please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

 

Please note, in addition to this, that I require disclosure of any personal data which you hold on me for the entire period of my dealings with you.

The Subject Access is not limited to my transaction history and it is not limited merely to 6 years of historical information.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10.00, which is not to be used for any other reason than the Fee required as described as the Statutory maximum for this request.. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties or charges which are invalid under the Unfair Terms in Consumer Contracts Regulations against me, then I shall be reclaiming them together with any interest charges which you have levied on them.

 

As it is your wrongdoing and mishandling of my account which has created the necessity for this Subject Access Request, I shall also be reclaiming the enclosed £10 DPA subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

I would be happy to collect the Data from my local branch.

 

 

Yours faithfully,

 

 

[signature]

 

 

[name]

　

I have put my full address, a/c no etc on the letter

 

I want to post today If I can

many thnaks

 

 

 

Recovery Department

Barclaycard House

Norwich Way

Liverpool

L32 8UY

 

Ref; Data Protection Act 1988 - Subject Access Request

 

Data Protection Act 1998

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: 0000000000000

 

I would be most grateful if you would please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

 

Please note, in addition to this, that I require disclosure of any personal data which you hold on me for the entire period of my dealings with you.

The Subject Access is not limited to my transaction history and it is not limited merely to 6 years of historical information.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10.00, which is not to be used for any other reason than the Fee required as described as the Statutory maximum for this request.. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties or charges which are invalid under the Unfair Terms in Consumer Contracts Regulations against me, then I shall be reclaiming them together with any interest charges which you have levied on them.

 

As it is your wrongdoing and mishandling of my account which has created the necessity for this Subject Access Request, I shall also be reclaiming the enclosed £10 DPA subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

I would be happy to collect the Data from my local branch.

 

 

Yours faithfully,

 

 

[signature]

 

 

[name]

　

I have put my full address, a/c no etc on the letter

 

I want to post today If I can

many thnaks

 

 

[angry cat]

Have NCO sent a statement of account?

 

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

 

STATEMENTS TO BE PROVIDED IN RELATION TO REGULATED AGREEMENTS

 

Section 6: Statements to be provided in relation to fixed-sum credit agreements

 

23 Section 6 inserts a new section 77A after section 77 of the 1974 Act. Section 77A will require creditors in regulated fixed-sum credit agreements to provide debtors with annual statements in the specified form, the first of which is required within one year of the day after the date on which the agreement was made.

 

24. If a creditor does not give the debtor an annual statement when required to do so, then he is not entitled to enforce the agreement during the period of his non-compliance and the debtor is not liable to pay any interest during this period. The debtor is also not liable to pay any default sum (see note in respect of section 18 below) that would have become payable during the period of non-compliance or would have become payable after the end of that period in connection with a breach of the agreement occurring during that period. A creditor will not be required to give the debtor an annual statement if there are no further sums payable under the agreement.

 

Section 7: Further provision relating to statements

 

25. Section 7 inserts a new section 78(4A) after section 78(4) of the 1974 Act. Section 78(4) of the 1974 Act requires creditors to issue statements to debtors setting out specified information in respect of running account credit agreements at intervals of not more than 12 months. Regulations made by the Secretary of State under the new section 78(4A) may require creditors to include specified information about the consequence of failing to make repayments, or only making minimum repayments, in statements issued under section 78(4) of the 1974 Act. The new subsection (3) makes provision for the giving of statements under sections 77A (inserted by section 6 of the 2006 Act) and 78(4) of the 1974 Act where there is more than one debtor to whom credit is provided. If there are two or more debtors, a debtor may provide a dispensing notice to the creditor so as to mean that the creditor is not obliged to provide a statement to that debtor. However, dispensing notices will not be effective if that would mean that no debtor will receive a statement under section 77A or 78.

 

DEFAULT UNDER REGULATED AGREEMENTS

 

Section 8: OFT to prepare information sheets on arrears and default

 

26. Section 8 inserts a new section 86A at the beginning of Part 7 of the 1974 Act. Section 86A requires OFT to prepare and publish information sheets for debtors and hirers about arrears and default. A creditor or owner must give a debtor or hirer an arrears information sheet at the same time as a notice of sums in arrears in accordance with new sections 86B and 86C inserted by sections 9 and 10 (see below) and a default information sheet at the same time as a default notice (in accordance with section 87 of the 1974 Act).

 

27. The information sheets will set out information to help debtors and hirers who are in arrears or default (e.g. information about the legal consequences of the debtor's or hirer's general situation, debt management options and the contact details of advice providers).

 

Section 9: Notice of sums in arrears under fixed-sum credit agreements etc.

 

28. Section 9 inserts a new section 86B after the new section 86A (inserted into the 1974 Act by section . Section 86B provides that creditors and owners must give to debtors and hirers notices of sums in arrears in respect of regulated agreements that are fixed sum credit agreements or hire agreements. A creditor or owner must give a notice in the specified form, including an arrears information sheet, to a debtor or hirer 14 days after a point in time where:

 

 

the debtor or hirer is required to have made two (in the case of agreements with a repayment interval of more than one week) or four (in the case of agreements with a repayment interval of one week or less) payments under the agreement before that time;

 

 

the total sum that has been paid by the debtor or hirer under the agreement up to that time is less than the amount that he is required to have paid at that time;

 

 

the amount of the debtor's or hirer's shortfall is no less than the total of the last two (in the case of agreements with a repayment interval of more than one week) or four (in the case of agreements with a repayment interval of one week or less) payments required to have been paid under the agreement before that time subject as set out below;

 

 

the creditor or owner is not already required to provide the debtor or hirer with a notice of sums in arrears in relation to that agreement; and

 

 

there is no sum payable by the debtor or hirer under a judgment given before that time in relation to the credit or hire agreement.

 

Thereafter the creditor or owner will be required to give to the debtor or hirer a notice of sums in arrears at intervals of six months until he ceases to be in arrears and has paid all sums of interest or default sums that are payable in relation to his arrears, or a judgment is made in relation to the sums payable under that agreement.

 

29. In the case of agreements with repayment intervals of one week or less made more than 20 weeks before the day on which the debtor or hirer is required to have made the most recent payment under the agreement, the amount of the debtor's or hirer's shortfall is calculated on the basis only of payments missed in the period of 20 weeks ending with that day.

 

Section 10: Notice of sums in arrears under running-account credit agreements

 

30. Section 10 inserts a new section 86C after the new section 86B inserted into the 1974 Act by section 9 of the 2006 Act. Section 86C requires that a creditor must give to the debtor notices of sums in arrears in respect of regulated agreements that are running account agreements. A creditor must give to a debtor a notice in the specified form, including an arrears information sheet after a point in time where:

 

 

the debtor should have made at least two repayments before that time;

 

 

the last two payments required before that time have not been made;

 

 

the creditor has not already been required to provide the debtor with a notice of sums in arrears in relation to either of those payments; and

 

 

there is no sum payable by the debtor under a judgment given before the time in relation to the credit agreement.

 

31. The creditor must give the notice at a time no later than the time that he is required to give the debtor the next regular statement due under section 78(4) of the 1974 Act.

 

Section 11: Failure to give notice of sums in arrears

 

32. Section 11 inserts a new section 86D after the new section 86C (inserted into the 1974 Act by section 10). Section 86D sets out the consequences for a creditor or owner if he fails to give a notice as required by sections 86B or 86C. If the creditor or owner fails to provide a notice of sums in arrears when required to do so, then during the period of his failure to provide the notice (i.e. from the date that it was required to be given until the end of the day on which it is eventually provided), he is not entitled to enforce the agreement. In addition, the debtor or hirer is not liable to pay any interest that relates to the period of the creditor or owner's failure, nor is the debtor or hirer liable to pay any default sum (see the notes in respect of section 18 below) which becomes payable during that period.

 

Section 12: Notice of default sums

 

33. Section 12 inserts a new section 86E after the new section 86D (inserted into the 1974 Act by section 11). Section 86E applies to situations where a debtor or hirer under a regulated agreement incurs a default sum (as defined by section 1. A creditor or owner must give the debtor or hirer a notice in the specified form when a default sum becomes payable as a consequence of a breach of the agreement. The Secretary of State has the power to provide that this only applies where the default sum exceeds a specified amount.

 

34. A creditor or owner may only require a debtor or hirer to pay interest in connection with a default sum 28 days after the day the notice was given to the debtor or hirer. If the creditor or owner fails to give a notice to the debtor or hirer then he is not entitled to enforce the agreement until he gives the notice to the debtor or hirer.

 

Section 13: Interest on default sums

 

35. Section 13 inserts a new section 86F after the new section 86E (inserted into the 1974 Act by section 12). Section 86F provides that a creditor or owner may only require simple interest to be paid in respect of default sums (see notes in respect of section 18 below) payable by the debtor or hirer, including sums payable under non-commercial or small agreements (see definitions in section 189(1) of the 1974 Act).

[Yorky55]

Hy

wow Angry Cat, thanks for reply with info, not sure what Ill do with it, I will print it off so I can read.

 

The debt is a Barclaycard Debt - not a fixed loan type?

 

also, over 18 months or more, there has been no statement of balance or interest or any recieved payments other than a letter from NCO April saying £6200 is owed, pay up or else type, I again contacte dthem to say that the £16 per month had been agreed and payments made, then in Sept this year a letter saying, £6,600 was owed and Barclaycard had added interest on this a/c from april 2009

 

I CSA sent to NCO and a RSA sent to Narclaycard with appropriate fees enclosed

 

is this any more help

[Desperate Daniella]

I have only just seen your thread. They have done the same to me three times this year and have always refunded immediately I have said "FOS". Call the FOS now and they will give you a reference number and the number to call for Barclaycard complaints.

 

The FOS are quite clear that you must be able to pay your priority debts and they can only offset against disposable income.

 

You do not have to pay your bills by direct debit or standing order just to make it easier for them to assess your outgoings. FOS are clear on that too.

 

To take the rent money is despicable and they will have to give it back.

 

Good luck with this.

 

DD

[angry cat]

The following may explain the issue better:

 

Finance - Consumer Credit Act 2006: Post-contract information on arrears and default sums - Wragge & Co - UK Law Firm

 

AC

[Yorky55]

Hy

 

I received a letter today dated 22nd Oct from NCO - Collections manager

they state;...." We acknowledge receipt of your correspondence received on 22nd October 2009, requesting.....copy of your credit agreement......."I sent a letter with a £1 postal order - crossed with no name? I have the slip of the PO and copy of letter? 

 

They say;"...................we have not received a fee of £1.00.............."In other words I have to send another £1.00 with another letter.

 

They received the letter it was recorded, the postal order was put inside with letter, how can they say they don't have po. What do I do, can I call the police to say that someone at NCO has taken the PO or do I send another PO who is the Po made out to as I left the name blank?

Help please

 

 

 

[PGH7447]

check to see if its been cashed if it has then send them proof that it was cashed and then wait for the deadline to pass

[PGH7447]

I think you are on the wrong thread

[maroondevo52]

PGH,

 

They've posted same thing on their own thread, might struggle to get a reply, this being 3 years old.

[cashins]

Seems like they are taking a leaf out of MBNA's book.

 

On two occasions they had 'not received' payment, although they had the letters), one for a CCA, 2nd for a SAR.

 

They sent the CCA anyway after I jumped up and down, in the end I sent another cheque for the SAR.

 

I am pretty sure this is just a delaying tactic from them as neither of the original cheques have ever been cashed.

 

David

[Yorky55]

If it hasnt been cashed, what do I do: It was sent, as they recieved the letter, do I send another one? as there is no name on it, how is it secure? Do I still get the 14 days or do I have to send another letter for another 14 days?

 

many thnaks

[rhos123]

never trust the dca now it seems even with your postal orders !!

[Huff&Puff]

As long as you have the receipt or stub from the PO, then you need do nothing. Just send the "in dispute" letter when their time is up. If they lost your PO it's their problem, not yours

[cashins]

If they lost your PO it's their problem, not yours

 

Agree, think they are just playing silly burgers.

 

By the way, if they give you serious hassle, make a formal complaint to them and ask for a copy of their complaints policy. I did when they started on me and found they packed it in preety sharpish.

 

David

[diddydicky]

but IMO don't get too carried away with the emotion of it all

 

send another postal order with the company name on it and crossed, STAPLED to a copy of the original letter- send it recorded delivery if you like but proof of posting will be OK then re count the 14 days from the date you post it- you have plenty of time- don't let them get to you

 

BTW make sure you keep ALL envelopes they send and staple them to the backs of the letters and keep them all- however insignificant.

 

to lay a bogey to rest- a court presented with a proof of posting slip - will usually pay little heed to "i never received it" pleas (from either side) - he's heard it all a million times before.- and the judge will not be bothered in the slightest as to whether it was cashed or not- he knows full well that one pound is cock

 

VERY FEW letters go missing in the post - of the many thousands that get lost almost AL of them were incorrectly addressed

 

thousand out of BILLIONS posted each year really is a drawing pin on the moon

[dx100uk]

sounds like stalling tactic

 

BTW: it does'nt stop the clock

 

if its been 12+2 days they have defaulted and the loan is now indispute

 

 

you can legally stop payments too!!

 

dx

[Yorky55]

Hy I just rang the 01246 542 500 nomber regarding missing PO

 

They said I have to wait 15 days before they class it as missing-it isnt cashed at present?

 

NCO states in the letter they recieved by Recorded delivery That I didnt send PO,

 

Postal Order department says i would have to claim the PO which would cost me more for £1?

 

Should I send another Postal Order to NCO, it was crossed but no name

 

Or should I tell NCO that I still have my 14 days for them to comply with my request, anyone help asap please as the 14 days will run out soon

thanks

 

PS I will send letter to NCO and state that they have lost my PO or report to police as theft?

 

NCO said they have my CRA request letter but I didnt enclose payment of £1, I did a PO of which I kept the reciept, I contacted the PO Office, very useful telephone number, It hasnt been cashed, its not considered lost till 15 days?

 

It was crossed but I didnt put a name on it, Do I leave it blank or put NCO name on PO, also how do I insist that they honour the 14 days.

I will send a letter to NCO and re afirm my initial request and also to ask them why the PO is missing, also I will sugest I report it to police as possible theft on NCO part, as there are two peopl, one who is the Post Office Clerk who saw me put the PO in with letter and sealed it. Then it was recorded delivery.

 

14 days is ticking away, what do I do please?

[lickthewallfatboy]

nothing-it's up to them to supply what you asked for

[dx100uk]

blank po is fine.

 

just wait

 

dx

[Yorky55]

Hy

i have spent some time with the Postal Order department, they cant realy help? dont class it missing untill 15 days and would cost me more to claim a refund?

I spoke to Royal Mail the recorded letter sent to NCO on 20/10/09 shows as progressing through system no signature? However NCO has recieved it because they replied to it and said I hadnt enclosed the £1 PO, Royal Mail said I have to fill out a P58 form?????

 

so, where does that leave me?

Do I send another letter, saying that I had already sent £1 PO, you lost it or as I know I sent it, say to NCO Ill asume it was stolen and contact the police that I think someone took it at NCO? and 14 days are up on the 5th Novemebr and they havnt sent me the CRA stuff they are suposed to and enter it as formal dispute???????

 

OR

 

Do I send, as above, but enclose another £1 PO and start again with another 14 days

 

Also I have a £10 PO for Barclays for RSA, will I have same problems, what is the best way to avoid this situation

many thanks

 

pulling my hair out and frothing at the mouth??? I need a bottle of valium?

[2Grumpy]

If you stop paying barclaycard will take the money from your account most likely

 

Because bc took money from your account, I think that the DCA is acting as agent for BC and they haven't sold the account on. It must be barclaycard that is adding interest unless the DCA is hoping to make a tidy profit on money that it doesn't own.

 

I would write to the DCA and ask if they own the account or if they are collecting on behalf of Barclays and who is charging the interest.

 

For the CCA PO, tell them that you sent PO no xxxxxxxxxx with your request and that if they have mislaid it then you will co-operate with them to help them reclaim the money, meanwhile you expect to receive the documents within the statutory timescale, commencing 2 days after you sent the request

[24233513afw]

So what your saying is they received your Recorded Delivery letter (Do you have a signature) but there was no Postal Order enclosed (seems strange when you have the receipt for P.O. which can be traced.

 

I think they are at it....

 

"Postal Order department says i would have to claim the PO which would cost me more for £1?"

I wasn't aware Post Office charged for Postal Orders claims did they say how much ?