Change of Circumstances...Full & Final Settlement offers

[rippedoffagain]

If you pay them anything, you are tacitly admitting the debt exists. The very point of a CCA request is to make them prove the debt exists. BTW a CCA request is not appropriate for an overdraft, as there won't be an agreement.

[coledog]

Thought they were cards?

[rippedoffagain]

Barclays is overdraft.

[bubbsie1]

Hi

 

I think I knew that CCA was not appropriate for overdrafts but want to know if Barclays sold this onto CSL or are managing it themselves; have had a letter from Barclayys saying it's been referred to CSL but nothing else.

 

Re: the payments, not denying the debts are mine; but Newmans have threatened to apply for a Statutory Demand for payment so want to start fighting back; ust really worried about paying nothing at all!!

 

Making a real hash of this

[coledog]

Sorry then - you just need a SAR for that one and challenge on the charges etc. That could be the higher priority to agree payment on but get the information first

[coledog]

Making a real hash of this

 

No you not, just human! You are doing the right things

[bubbsie1]

Hi

 

don't want to appear thick but what is a SAR and where do I find it, looked in the library but don't know what I'm looking for.

[coledog]

This is a link to SAR (Subject Access Request) letter in the library which is a bit general but more geared to bank accounts. You need to send to Barclays with a £10 postal order.

 

http://www.consumeractiongroup.co.uk/forum/content.php?417-A-Subject-Access-Request-for

[Fred Bassett]

This is a link to SAR (Subject Access Request) letter in the library which is a bit general but more geared to bank accounts. You need to send to Barclays with a £10 postal order.

 

http://www.consumeractiongroup.co.uk/forum/content.php?417-A-Subject-Access-Request-for

 

The SAR is not specifically geared to bank accounts. It is a request under the Data Protection Act for copies of everything that DCA/Creditor might hold on you so it applies to any dealings that you might have with that organisation.

 

Regards.

 

Fred

[bubbsie1]

Thanks fred

[charlie*]

The one thing that worries me is the threat of a statutory demand for payment, then bankruptcy which would put my home at risk. I know most caggers say it's unlikely the dca would do that due to cost but i am reading some horror stories on the forums where dca's have done just that.

 

DCA's will only resort to such measures (for such small amounts especially) IF THEY SENSE WEAKNESS ... ie; that you are using format letters and don't know what you are talking about.

 

On the other hand, is is known that OR's and DCA's will challenge by saying that you are using template letters and suggest you take advice - but then, there is a defense here as they, invariably, are doing the same - and their template have cost them lots of money.

 

Another point that I have not seen mentioned on this forum is this... "they", generally speaking will only go to court in about 10% of cases, so the more you know about the subject and how to block their threats the better your chances.

 

It takes six years for a debt to be wiped clean from the last payment (or, I think contracting with them) - that has to be the target - anything better is a bonus.

 

On this basis and taking the time to get a feeling for the subject from other sources too is to always be polite - okay, slate 'em off herein, but, in your communications, BE POLITE, but firm. YOU ARE RIGHT, THEY ARE WRONG - they did not lend you any money and the debt collectors have no right to interfere in a matter that is private between you and your lender. AND ALWAYS, BE BETTER THEM THEM.

 

Hope this makes sense

[Bazooka Boo]

I strongly disagree, the 'AIM' is not to reach the limitation period, the aim is to reclaim your rights, ask the relevant questions, then if they fail to supply the correct answers, the choice of how to deal with them is entirely yours.

Besides debts DO NOT get wiped, once you have a debt you will always have that debt, it is simply whether they choose to take legal action to enforce that debt within the first six years (five in Scotland) in order to recover the balance, failure to do so simply means that they forfeit that right to do so at a later date, they are perfectly entitled, and often do, demand payment far in excess of the limitation period.

 

DCA's DO NOT take anyone to court unless they have bought that debt and all of the rights to it under the law of property act.

 

DCA's resort to the methods you quoted, not because they might sense some form of weakness? But purely and simply because they are banking on the recipient of their puerile letters not to have an understanding of their rights or consumer law, hence using the threat of a SD as a debt collection tool, something which, when brought to the OFT&TS attention WILL be noted and closely monitored in future.

[bubbsie1]

Well those DCA's just get worse and worse.......just had someone pressing my intercom like crazy, I answer it and a voice tells me 'hello' Ola from Barclays' I ask who? again 'Ola' again the voice says 'Ola from Barclays' my response was 'what utter nonsense I know exactly who you are; how dare you come to my home you have absolutely no right to, leave, do not ring this bell again or I will take further action'

 

 

Just rang the company CSL and spoke to a very prissy madam and told her in no uncertain terms that they had sent someone to my home and, that they had no right to she asks why not? made it clear anything they had to say should be put in writing, she claims they had written to me, I told her nothing had arrived here and to write to me and record the letter that way we could all be clear about who has said what to whom.

 

I am absolutely furious!!!!!!!!!!

 

Any suggestions (apart from obvious)

[Bazooka Boo]

Apart from a physical response! No, if it had been me after just watching panorama tonight, then I would have been unable to control myself, hence why the front door is locked bolted and chained shut!

 

How very dare they! Have you sent these children the letter telling them that any fool who turns up will be taking their life into their own hands?

CSL are members of these cowboys too, so you can report it to them http://www.csaconsumers-uk.com/page/i-have-a-complaint

The OFT&TS http://www.consumerdirect.gov.uk/contact

[bubbsie1]

Hi BB

 

although I told him to leave in no uncertain terms |I have to say it rattled me a lot; shortly after he left I checked my post box and I found a card that had arrived today advising me that a company called power2collect would be sending a collector sometime between 9am to 9 pm; I will be making a complaint first thing in thr morning.

 

This joker said clearly he was from barclays; clearly he is not!! the company that call themselves power2collect must be CSL, since when you call the number on the card it goes through to CSL.

 

I am absolutely furious about his visit. Thank goodness I wasn't at the door when he arrived may have been tempted to get physical too!!

 

Haven't seen Panorama, actually got some work this evening but may have a look on the iplayer.

 

Thanks for the response, made me feel a lot better.

 

\the debt collection industry must be one of the fastest growing businesses nowadays.

 

Can't believe I did the right thing and wrote to all creditors explaining my circumstances and asking for a six month period of reduced payments with a review at the end and now being plagued by such unscrupulous bandits.

 

Starting to be exhausting; wondering if I should just sell up and admit defeat!!

[bubbsie1]

Hi BB

 

forgot to say I haven't sent them the F.Off my doorstep letter yet, will do so tomorrow with the SAR letter to Barclays their masters.

 

Once I send the SAR letter to Barclays does that stop any action bbeing taken until I have the information asked for?

 

And as for the charges on the account, do I reclaim them even though they were levied for overdraft fees and being over my overdraft limit?

[charlie*]

Hey, Gunner Boo... I was generalising, don't often do specific these

days, you would know why if you knew my demob group number -

[Bazooka Boo]

Sorry Charlie, I am not as tolerant as I ought to be.

 

Bubsie, don't get downhearted, it is YOU in control, you have done the right thing by giving yourself 6 months breathing space, something which a lot of others don't have the foresight to do, so your on the right road, no-one even prompted you to do that so your one step ahead already!

 

They have 40 days in which to supply you with the information requested in your SAR, they will probably continue sending out their mundane deforestation, but until you get that info then there is very little you or they can do, they would be extremely foolish to proceed with any legal action whilst you are still waiting for receipt of that info.

 

It matters not what the charges are for, ANY & ALL charges they have applied to your account MUST be challenged, if they refund them, it will be used to offset the total balance and hopefully will reduce the balance to a more manageable debt, or clear it completely!

[bubbsie1]

Thanks BB

 

I would imagine the charges over the last six years do exceed the total sum of my overdraft.

 

Will keep you posted

[Bazooka Boo]

Now that's good news!

[bubbsie1]

Well have just prepared my SARS letter to Barclays re: the overdraft; however have found (buried in a mountain of paperwork) a letter from Barclays saying they have transferred my bank account to CSL and they will not accept any further communication from me.

 

It continues to advise (I use the term advisedly) me that I must pay CSL the outstanding amount or make a payment arrangement. Does this mean the overdraft has been sold to CSL; do I still send the SARS letter to Barclays???????

 

Not sure how to approach this now.

[coledog]

The SAR still goes to Barclays as they are the original creditor and have all the information.

 

Unless you have had correspondence that the debt has been sold or a Notice of Assignment, I suspect that they have just passed it to CSL for collection. The SAR should reveal more

[bubbsie1]

Hi Fred

 

I wanted to ask if Barclays have as they say (letter recceived 2.2.11 although dated 20.1.11) 'transferred' my bank account to CSL and will no longer communicate with me should my SAR letter have gone to the DCA rather than them. I am still sending the SARS to Barclays since the crossed P.O is made to them but do I need to send one to the DCA as well?

 

Still not certain if 'transferred' means it has been sold to CSL or not but the DCA seem to be getting increasingly frantic in their efforts to collect this debt. Got to the doorstep visit last night, but sent him packing.

 

I had a s**t day today but laughed when I came across some of your earlier posts; telephone calls diverted to the Dogging Line.........laughed so much it hurt.

 

Any thoughts on my query above?

[bubbsie1]

Hi

 

have a letter from Barclays stating they will no longer communicate with me, I presume when I send them the SARs letter they will have to?

[Fred Bassett]

Yes.