Barclaycard in dispute adding late payments/%

[sunshineyday9]

Hello-question please re CCa or lack of one,

 

 

Barclaycard and Amex didn't send a proper CCA but still adding % and even late payment charge on BCard x 2

 

 

-can I send a letter telling them this is wrong whilst in dispute or are they allowed to carry on like this

 

 

-I stopped payments several months ago after the terms and conditions came instead of CCA.

 

 

..can anyone help with advice on what to do next please

 

 

-Thanks

 

I have requested CCA from Barclaycard x 2 and Amex-neither sent CCA just terms and conditions.

Now BCard are adding % and late payments to my account and Amex wrote saying the account is being sent to NCO for collection-help please as really worried.....

[citizenB]

Can you please advise a little more history for these accounts.

 

Had you ceased payments ?

 

When did you enter into the original agreements ?

[sunshineyday9]

Hi-thanks for answering my plea....

They are both at least 12 years old if not more, I actually stopped paying 4 months ago after receiving the terms and conditions from them-

[dx100uk]

so this is about +3 separate cards. ?

 

if the cards are still with the original creditors

then I'd question your logic in stopping payment

over a CCA request failure.

 

who told you to do that?

 

dx

[sunshineyday9]

o dear I feel silly now

-I have read and read forum notes and believed this is the way to prove unenforceable

-yuk-I've done it with 4 other cards too-all similar age.

 

 

One, MBNA with AKTIV said the account would now be clo9sed and they wouldn't pursue the debt anymore.

 

 

The others have all gone quiet...all still with original creditors.

 

Barclaycard did issue defaults ??

 

O dear me--am I doing things wrong? xx

[theoldrouge]

please list individually, together with ac start dates too little info to advise

[sunshineyday9]

ok many thanks-will do that now x

[sunshineyday9]

NAT WEST-SEPT 2007-OWE £2561

 

CREATION FINANCIAL FOR SELFRIDGES STORE CARD

-OPENED SEPT 1996

-OWE £2700-NOW WITH DRYDENSFAIRFAX-HAVENT HEARD ANYTHING FOR FEWMONTHS

 

AMEX-OPENED DEC 2000-OWE 3200-LETTER SAYING PASSING TO NC0 FOR COLLECTION

 

HALIFAX-OPENED-AUGUST-1994-OWE £6574-HAVEN'T HEARD FOR MONTHS-NOT SOLD ON

 

BARCLAYCARD(PREV.EGG) £4664.00-APPROX DATE 2003-ADDING % LATE FEES

 

BARCLAYCARD-OPENED 2001-OWE £982.00-AS ABOVE

ALL REQUESTED A CCA BUT NONE HAD ONE,

 

Hope this is all ok and thanks again x

[dx100uk]

so not a straight forward as you lead us to think.

 

 

might be better if you start a new thread

for each debt

 

 

then things wont get in a muddle

 

 

amex and the original Barclaycard

to me look your only issues by not paying them.

 

 

the EGG one

and the one with drydens

well done good job you stopped being cash cowed.

 

 

they'll never get a creation CCA that for sure.

[sunshineyday9]

wow thanks so much -what's cashcowed ?

 

 

-I will sit in the morning and do them all separately

 

 

-thank you so much for your answers,

 

 

amazing to share this with someone as no one knows I have these debts

 

 

-even manage to pretend to myself at times.x

[dx100uk]

cash cowed

 

 

paying for a debt you most probably don't legally owe to them

 

 

they spoofed you with silly threat-o-grams.

 

 

they are a DCA

they are NOT BAILIFFS

and have

NO SUCH LEGAL POWERS.

[sunshineyday9]

Barclaycard in dispute since May 2014-I stopped payments previously with DMP.

I requested the CCA in Jan 14-received hold letter then sent receonstrued terms and conditions absolutely nothing on it about me.

Returned terms and conditions saying this is ok,quite legal.

Balance £4,814.

Issued default 23rd April 2015. 2015-now adding interest and late penalty £12 each month.

Phone calls to mobile and landline 6/7 per day which I ignore .

Do I just sit tight for next 6 years ?

I am wondering what they will do next as they state they are aware it can't be taken to court-ie they say will take any action apart from enforcement.

2nd barclaycard exactly as above dates etc but balance is £994 plus adding % plus £12 late payment-same terms and conditions-same dates.

Help required please-

[Conniff]

Threads merged

[SabreSheep]

For future reference it may be handy to SAR each of the OCs for all data.

 

Reason being if this were to go to court at any stage you would have the info to counterclaim/mediate on unlawful penalty charges and interest in restitution and PPI that may wipe out the debt or heavily reduce it.

 

Id get the paperwork and store it away Advantage of doing that now is that banks only have to store data for 6 years. Later you leave the SAR, more chance of not receiving the data u want. Information is power

[slick132]

Hi SSD,

 

Hi-thanks for answering my plea....

They are both at least 12 years old if not more, I actually stopped paying 4 months ago after receiving the terms and conditions from them-

 

Were you servicing the a/c's properly each month up until 4 months ago ?

 

Or were you making nominal payments before then.

 

Are you in financial difficulty now ? Is that the reason for stopping payments like you did ?

 

[sunshineyday9]

Hello-I was making payments through DMP but quite high payments-then I heard about CCA etc and stopped once I didn't receive correct CCA-I will post them tomorrow when I get access to a scanner .....xx

 

sorry hadn't finished answering-I am seriously in financial difficulty-was made redundant 3 months ago and since can't find a job-68 is an age that seems to put employers off-but I still keep tryingx

[slick132]

Yikes, sorry to hear about your predicament.

 

So can you say roughly when you first couldn't maintain required payments to BC.

 

And when did BC or Mercers send you a default notice.

 

Edited June 16, 2015 by slick132

[sunshineyday9]

Hi

 

 

BC sent default in April 2015 but only for small amount of £16.44 due

-it says,

also this is the small barclaycard debt of £1108-00 they haven't done this to the larger one which owes £4800(previously egg)

 

 

-just adding % even though they admit to not having signed/correct CCA

 

 

-they have now sent letter being very nice saying they understand my current financial situation etc

and please fill in the expendicture form attached,

 

 

I am confused as they have stopped calling 7 times a day now and admit to not having the correct CCA last year,

 

 

do I just ignore them, they haven't sold either debt on as yet ?

[slick132]

Hi SSD,

 

What I want to know is when you stopped making the normal payments required by BC - it's normally the higher of £5 or 2.25% of the balance each month.

 

I assume the DMP payments to the BC a/c's were less than these minimum repayments.

 

So, when were you first unable to pay BC monthly the normal amount required under the T&C's.

 

[sunshineyday9]

Hi and thanks for your reply and help-I opened my payplan with them in August 2012.

I CCA'd them in Jan 2014 , after no correct CCA received I sent a letter saying it was in dispute and I was ceasing any payments.

[slick132]

Hi SSD,

 

Ok, so you've told us when you started the DMP.

 

But you've still not confirmed when you were first unable to pay the normal required minimum payments....................

 

[sunshineyday9]

Sorry-eventually I'll get sorted-actually this was same time I stopped making full payments and went to Payplan to arrange small payments to each CCard including Barclays,

[slick132]

Ok, so it sounds like you last made the normal required pay'ts about July 2012.

 

And you set up reduced pay'ts as soon as you realised you were unable to make the normal pay'ts, from August 2012.

 

Does this sound right. If so, the a/c's are likely to be reported as being in arrears up to late 2018.

 

Have you added up the default charges on each a/c, to see how much they come to. They can be reclaimed to reduce the balance on each a/c.

 

[sunshineyday9]

Hi thanks again, no I haven't shall I SAR them then ?

[slick132]

Yes.

 

Fire off a SAR asap.