Statute Bar thwarted by B/C and Robinson Way

[Napoleonj]

Hi Slick,

 

Roughly £4500, with these charges. I was hoping someome would look at the agreement sent from Westcot, posted above, but no reply from anyone yet. Guess I'd better repost it .

 

Jane.

[slick132]

Hi NapJ,

 

Hmmm, the charges and interest will have little impact in reducing the a/c balance.

 

The Application form you've posted above is not an enforceable credit agreement. But all that means is BC would maybe not be able to get the debt enforced by and get a CCJ against you. However, BC rarely take cases to court and will pass you from Mercers to Calders and beyond, each DCA taking their time to extract payments from you.

 

The response to your CCA request is adequate to enable them to continue to pursue for payments.

 

It may be sensible to do an Income and Expenditure Planner to see what you can afford to pay each month. You can offer this or, better still, get an intermediary to negotiate a monthly amount. If you keep to the repayments, the harassment should cease.

 

http://www.consumerwiki.co.uk/index.php/Debt:_Where_to_Get_Help

[Napoleonj]

B/Card have just taken money from my account

- I only have my pension and pension credits.

 

I didn't recognise the payment on my a/c, so queried it and was eventually passed to B/Card.

 

I explained to them that I have never received a CCA and

 

the v nice lady informed me that you don't have one with a credit card.

 

If this is the case, then how can they ever pursue anyone for money owed?

[dx100uk]

ofcourse you have a CCA with a credit card!!!!!!!!!! by LAW

 

phone them back and demand the money is returned

 

so you bANK with barclays too?

 

then its notice of appropriation letter time then

 

dx

[Napoleonj]

dx

Yes I still bank with Barclays, as there's no public transport or shop here, I needed a bank access at the post office.

 

I've tried to open an account online at other banks but have not been successful as I need to have one with DD facility and cheque book for some transactions.

 

As soon as I told the woman that they shouldn't take money from my pension,

 

she said she'd arrange for it to be refunded and apparently Westcot are no longer dealing with my account.

[dx100uk]

ok well letes hope this happens

 

if not fire off the letter

 

dx

[joesoap]

I've been told that CSL are no longer dealing with my account and has been moved to Moorcroft. Barcs must be moving accounts!

[Napoleonj]

BC have done it again - taken my pension + my winter fuel allowance. Time for the letter me thinks.

[dx100uk]

you really should have done this last week or before

 

please do not trust any bank or dca's word

 

dx

[slick132]

Make an immediate complaint to Barclays London HQ addressed to a senior executive. Get the name from Barclays website.

 

Keep the complaint brief and enclose a copy of any earlier Letter of Appropriation.

 

[Napoleonj]

Bl***y B/Card have taken money again, even after my Letter of Appropriation. According to them, they can do as they please as I owe them money.

 

And still after 2 years, they tell me Terms & Conditions are a CCA. Words fail me.

 

Jane.

[slick132]

Have you complained to Barclays HQ about this episode or the earlier one.

 

What happened about the complaint that you were going to send at the start of December.

 

Acting quickly is the route to success with this situation. If BC have left you badly short for the month, you could also make an urgent complaint to the FOS who have been of some use in similar instances.

 

According to them, they can do as they please as I owe them money.

Did they say this in writing or by phone and were these their exact words ?

 

I'm also looking at an alternative course of action. Something a bit more radical, if you're up for it. I'll come back about this in the next day or two.

 

[slick132]

Hi NapJ,

 

I said above, I've sought some advice with a view to taking more radical action to see if we can get BC to be held accountable for their actions. They have no right to take your pension and fuel allowance, especially after you've sent the Letter of Appropriation.

 

Can you please confirm if you have any savings or assets which would prevent you from being seen and treated as pensioners with limited income and resources.

 

Barclays have a duty to treat you fairly as a current a/c holder. See here - http://www.consumeractiongroup.co.uk/forum/announcement.php?f=22&a=228

 

BC have a duty to treat you fairly as well. See here - http://www.consumeractiongroup.co.uk/forum/content.php?834-Fair-Treatment-for-Credit-Card-Holders-and-Borrowers

 

It will help you prepare your complaint if you set out a brief chronological history of relevant events on your bank a/c and your CCard a/c.

 

Can you prepare this asap for us asap.

 

Finally, with regards to default charges on the CCard a/c, you can reclaim default charges in full, plus interest. But you cannot reclaim the interest charged on the a/c. Please confirm if there are, in fact, any default charges on the a/c which you can reclaim.

 

[Napoleonj]

MKDP informed me in February last year they had "bought the interest in my B/C account, including the outstanding balance".

 

I asked for a copy of the CCA which to date they have been unable to supply.

 

Lo and behold, today I received a letter from B/C enclosing yet another copyof the T and Cs.

 

They say in their letter they have enclosed a "reconstituted copy of your credit agreement", but it just includes Conditions and cancellation form.

 

I've lost count of the number of times this has been passed on from one company to another. Surely B/C now have no right to the money.

[dx100uk]

if its been sold

 

its nowt to do with BC anymore

 

is this on your credit file?

 

dx

[Napoleonj]

Don't know and don't really care, I'm too old to need credit any more, just pay for things with cash or debit card. I had nothing against me when I opened a new bank account 18 months ago.

[dx100uk]

thread merged with existing one for the 5th time

 

please keep to one thread per debt

 

what is the defaulted date from your credit file

 

and when was YOUR last payment & usage.

[Napoleonj]

Last payment was Feb 2010, last usage Jan 2010

[dx100uk]

ok so no chance of SB then....

 

I notice you've had the application form returned before

 

you need to be careful here

 

MKDP will issue a claim without a thought.

 

you say you have sent MKDP a CCA request already?

 

dx

[Napoleonj]

Yes, they've been sending me monthly letters for ages, saying they couldn't find it.

[dx100uk]

then you should be safe.

 

I still suggest getting your CRA file

 

noddle below is free

 

that should give you the owner and the defaulted date.

 

dx

[Napoleonj]

Just checked and it's owned by MKDP and default 08/10/2010

[dx100uk]

good so defaulted date is about right

 

if you wish

 

you could nail your colours to your flagpole

and send MKDP the failure to comply letter.

 

which. if they were to do court

would look very bad for them.

 

upto you.

 

but whatever you do

 

DONT ignore a claimform...if it comes

 

the rest you can

[Napoleonj]

I too have received one of these letter. How should I pay the £10 to Barclaycard, I don't want them being able to use my signature anywhere do I?

[dx100uk]

banks don't do that

 

 

or use a blank PO as the SAR thread advises

 

 

but anyhow an SAR is a legal document so you must sign that anyway.

 

 

dx