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  • 3 weeks later...
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Finally some progress.

 

I got a letter from the London Mercantile Court 2 weeks ago saying there will be a Small Claims Hearing on this case and several others on 26 February. Basically invites me to attend or submit some written views and states that it is expected that most cases will go through the Small Claims Track.

 

Then last week I finally got some communication from Barclays making me the inevitable settlement offer. They offered £70 to cover the £40 in charges plus my costs. I wrote back saying that I will settle if they pay me interest on the charges as well as an additional £35 for the appeal I had to make (N244 application) when my case was initially stayed in the County Courts.

 

I'm obviously expecting them to pay up before this heads into the courts. A bit pathetic that a £40 claim has dragged on for so long and will end up with Barclays paying about £110!

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I got a phone call from Barclays this morning and they have agreed to settle for £110.58 to cover my costs plus interest. They asked me to inform the court and amend the original settlement offer they sent me with the new amount (cross out and initial the £70), sign it and send it back.

 

Of course, the settlement offer asked me to keep the terms of the agreement confidential but I crossed that part out in the agreement before signing it ;-).

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  • 3 years later...

My father has received an offer from Calder Financial to clear a Barclaycard debt. He is paying asked to pay around £1,300 to clear a £6.5k debt. I have attached a copy of the offer.

 

We are happy to take up the offer but I want to be sure there are no hidden catches. We need to call them to accept the offer but we have never dealt directly with Calder before so I wanted to make sure there are no catches.

 

Doing a search of posts I have learnt that Calder are Barclaycard's internal debt collectors so it seems a legitimate offer. Is there anything I need to watch out for before we decide to call and accept?

 

Thanks.

 

One more thing. This letter is dated 11 June and was sent after out 28 May CCA request to Barclaycard to which we have yet to receive a full response. We have till July 10 to accept the offer and to be fair we are happy to pay 20% to settle the debt. We just want to make sure that once the payment is made there is no further action taken.

barclaycard_edit.pdf

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urm..

 

whenever we see these it always rings alarm bells.

 

no-one EVER offers a short settlement without a hidden reason.

 

how old is this card?

did he take out PPI?

has he lots of unlawful charges?

has he ever CCA'ed then..if its old, they have no enforceable agreement i bet?

 

the only way this deal should be agreed upon is if they remove ALL negative markers on his CRA & mark it as SETTLE not partial settlement.

 

as for the threat of selling it on GOOD

let them do that

DCA's buy debts for about 10P/£

so it will be cheaper and if there is no enforceable CCA, you owe NOWT!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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urm..

 

whenever we see these it always rings alarm bells.

 

no-one EVER offers a short settlement without a hidden reason.

 

how old is this card?

did he take out PPI?

has he lots of unlawful charges?

has he ever CCA'ed then..if its old, they have no enforceable agreement i bet?

 

the only way this deal should be agreed upon is if they remove ALL negative markers on his CRA & mark it as SETTLE not partial settlement.

 

as for the threat of selling it on GOOD

let them do that

DCA's buy debts for about 10P/£

so it will be cheaper and if there is no enforceable CCA, you owe NOWT!

 

dx

 

The CCA request was sent in May to Barclaycard but we are awaiting a full response. My father has been making regular small payments do this debt so I believe the old debt rule doesn't apply.

 

We are happy to pay provided the debt is settled in full. How can we make sure this takes place. I understand that 0 would be owed if there is no credit card agreement available but we are currently dealing with 17 creditors for about £45k of debt and we have no problem paying 20%. I just want to make sure the payment will clear the debt once and for all.

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what do you mean awaiting a FULL response?

 

if they don't cough within 14days - tell them to go away off.

 

you need to do some reading in the barclaycard forum.

 

pers, i wouldn't pay them a penny.

 

NO CCA = NO PAY.

 

let them sell it as unrecoverable

then offer the new dca about 15% to clear it and REMOVED all reference to it on your CRA.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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what do you mean awaiting a FULL response?

 

if they don't cough within 14days - tell them to go away off.

 

you need to do some reading in the barclaycard forum.

 

pers, i wouldn't pay them a penny.

 

NO CCA = NO PAY.

 

let them sell it as unrecoverable

then offer the new dca about 15% to clear it and REMOVED all reference to it on your CRA.

 

dx

 

By full response I mean they have acknowledged receipt of the CCA request and state they will provide the information requested soon.

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Guest Cartaphilus

I see you want to pay them so ignore what I said here. However, this is nothing I've not seen them doing before to people during a CCA request after having dealt with them for over 2 years. I wish you well with whatever you decide to do here. However, they are very slippery.

Edited by Cartaphilus
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what was the last financial in/out?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Actually having checked with my father no CCA response has yet been provided for this debt.

 

My father usually pays the debt with a monthly standing order to the Lewis Group. He sent the Lewis Group the CCA request on 28 May but there has been no response at all. This offer arrived from Calder on 11 June.

 

I was going to ask him to phone Calder to ask why they and not Lewis Group were dealing with the debt. I was also going to get him to ask them to confirm in writing that his credit record will be marked as settled and the debt won't be sold on prior to making the payment.

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oh

sadly that looks bad

i'd hazard a guess your father has sadly been being fleeced for years on this, when he had no need to pay at all.

 

Lewis are one of the bottom feeders of the DCA's

 

very rarely do they have any paperwork and typically 'con' people into paying debts that the OC wrote-off years ago as unrecoverable.

 

sorry but there you go......

 

oh and NEVER EVER speak to DCA's on the phone..

 

.this is prob how he got fleeced inthe first place

they will threaten everything inc killing you cat, to 'justify' their fleeching activities.

 

DCA's have NO LEGAL POWERS

 

they are NOT bailiffs and can demand nor take ANYTHING.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Call me cynical but I don't like the wording of that "offer"... if you're happy to pay 20% in full and final then I would personally, if in the same position, make a written offer to the same effect making clear that they must provide a conclusive written statement that the payment will be in full and final settlement of the debt BEFORE a single penny is paid.

 

Personally, whenever I make a full and final settlement I also get the payment cheque to be made out by a third party such as a relative and, with the cheque, enclose a letter from that third party stating that the cheque is only to be cashed if it is accepted in full and final settlement.... it's just another technique to make sure that they can't go back on their word because doing so would constitute a fraud on the third party.

 

Cheers

UF

I am rarely around these parts any more. I only stop by when something has come to my attention that has sufficiently annoyed me so as to persuade me to awake from my nap and put in my two pence.

 

I am a final year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. Always seek professional legal advice from a qualified lawyer.

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its not worth doing if they are not going to mark the debt SETTLED with the CRA's

might as well burn the money if they wont because it will be wasted.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If Lewis has been 'fleecing' my father for years then where has this Calder offer suddenly arrived from?

 

Calder I believe work for Barclaycard and it would be very odd for them to suddenly start chasing up on a debt after sitting back for years.

 

The only reason I can think of is Lewis or some other DCA passing the debt back to Barclaycard (maybe after Lewis were panicked by the original CCA request to which they haven't responded to?).

 

I agree that no deals should be done over the phone with DCAs but what's the harm in asking for information and requesting a written guarantee of settlement terms? After reading these forums I'm aware of any tactics/threats they may use so the worst that can happened is they refuse and we move on!

 

How about we go with UnitedFront's suggestion?

 

My father can send in a letter accepting Calder's offer. The letter can include a cheque written by me on behalf of my father. I can also add a letter from myself stating that the payment is made on the presumption that:

-The debt is completely settled by the payment and the debt is marked as settled on my father's credit records.

-The remainder of the debt is not pursued by Calder or any other DCAs.

-You will provide a written confirmation of the debt being settled in full by the payment and the debt being marked as settled on the credit record.

-If these conditions do not apply the cheque should not be banked and should be returned.

-Accepting and banking the cheque without adhering to these conditions will be fraud and will result in legal action from me personally to recover the amount paid.

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Guest Cartaphilus
Calder I believe work for Barclaycard and it would be very odd for them to suddenly start chasing up on a debt after sitting back for years.
No, Calder is Barclaycard, they are not separate. I don't think they are sitting back, Lewis has received the CCA request, it's been passed back to them for a reply ... They are not stupid, they are trying to get money in the event no CCA can be found or applied. So, not sitting back, they know what a CCA request means and where it could lead ie them getting no money. That is all this is. I won't say anymore as of course you are free to settle this account but just pointing out a few things ie people have been here before with this lot. If they refuse this then obviously you wil be back to the CCA thing anyway and back to square one with it. I will now go away. And wish you the best of luck with this. Edited by Cartaphilus
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If Lewis has been 'fleecing' my father for years then where has this Calder offer suddenly arrived from? Lewis probably returned it to B/card after your CCA request and B/card have passed it to the in-house brigade to chase up.

 

Calder I believe work for Barclaycard and it would be very odd for them to suddenly start chasing up on a debt after sitting back for years. Not at all... this happens all the time.

 

The only reason I can think of is Lewis or some other DCA passing the debt back to Barclaycard (maybe after Lewis were panicked by the original CCA request to which they haven't responded to?). Correct.

 

I agree that no deals should be done over the phone with DCAs but what's the harm in asking for information and requesting a written guarantee of settlement terms? After reading these forums I'm aware of any tactics/threats they may use so the worst that can happened is they refuse and we move on! If you really, really want to pay a company that appears to have no legal right to take your money... then at least make sure that the offer is in writing, that it states "in full and final settlement" and that any default on your credit file will be removed. If not, then another DCA may contact you at some point in the future for the "balance"...

 

How about we go with UnitedFront's suggestion?

 

My father can send in a letter accepting Calder's offer. Not so fast... if the offer s not an F&F offer... don't touch it. The letter can include a cheque written by me on behalf of my father. No.... that's what they're hoping for!! I can also add a letter from myself stating that the payment is made on the presumption that:

-The debt is completely settled by the payment and the debt is marked as settled on my father's credit records.

-The remainder of the debt is not pursued by Calder or any other DCAs.

-You will provide a written confirmation of the debt being settled in full by the payment and the debt being marked as settled on the credit record.

-If these conditions do not apply the cheque should not be banked and should be returned.

-Accepting and banking the cheque without adhering to these conditions will be fraud and will result in legal action from me personally to recover the amount paid.

 

OMG... no presumptions!! If you presume that they will give you all that you desire, then you're in fairyland.... sorry....

 

Personally, I wouldn't pay them anything either.... but each to their own.

 

:)

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I think I will get my father to phone Calder and get them to provide clear written terms stating that any payment will settle the debt and remove the default on the credit files. If we don't receive these written terms then we won't pay and we will CCA Calder/Barclaycard. Lewis appear to have decided they want no part of this. My father should probably cancel the standing order with Lewis.

 

In case anyone's wondering why we are willing to pay my father is in a position where he can pay a small percentage to clear all of his debts. Basically if any other creditor was to offer 20% we would happily accept.

 

So in that case morally (strange word to use when dealing with DCAs!) he feels he should do so rather than dodging debts he has taken up a technicality (though we are happy to rely on them when needs be especially with certain DCAs!). At least in this case it appears that it is the original lender pursuing the debt.

 

In my other thread regarding HFC Bank, as the CCA requests haven't been complied with we are going to write back saying that the account is in dispute and we are making no further payments.

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I think I will get my father to phone Calder and get them to provide clear written terms stating that any payment will settle the debt and remove the default on the credit files. If we don't receive these written terms then we won't pay and we will CCA Calder/Barclaycard. Lewis appear to have decided they want no part of this. My father should probably cancel the standing order with Lewis.

 

You've already CCA'd. Lewis haven't complied, so the request is still outstanding. CCAing Calder/Barclaycard is not only unnecessary but in your case, is probably a waste of time... because you seem willing to pay them whether they can prove enforceability or not. Why else would you want to CCA?

 

In case anyone's wondering why we are willing to pay my father is in a position where he can pay a small percentage to clear all of his debts. Basically if any other creditor was to offer 20% we would happily accept. Fair enough...

 

So in that case morally (strange word to use when dealing with DCAs!) he feels he should do so rather than dodging debts he has taken up a technicality (though we are happy to rely on them when needs be especially with certain DCAs!). At least in this case it appears that it is the original lender pursuing the debt. Sort of... although it would be nicer if B/card were the ones dealing with this instead of them passing things around to try and make you believe that the matter has escalated and/or to confuse you.

 

In my other thread regarding HFC Bank, as the CCA requests haven't been complied with we are going to write back saying that the account is in dispute and we are making no further payments.

 

The CCA request hasn't been complied with here either... :confused:... yet you're paying.

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I've just looked at that letter from Calder... it's pants.

 

No mention of F&F... no mention of default removal; they've fudged around on both issues.

 

If you are still intent on paying this, then you need to push for both in writing.

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Guest Cartaphilus
I think I will get my father to phone Calder and get them to provide clear written terms stating that any payment will settle the debt and remove the default on the credit files. If we don't receive these written terms then we won't pay and we will CCA Calder/Barclaycard. Lewis appear to have decided they want no part of this. My father should probably cancel the standing order with Lewis.
Look, I seriously wouldn't phone. Lewis don't have the paperwork, they have only passed it back to Barclays to get the CCA - if they have not purchased the debt this is what a DCA usually does, it's in the CCA letter as well to instruct a DCA if they aren't the owner of the debt to pass it back to the creditor to get a copy of the CCA, unless Lewis has said in writing they are no longer pursuing this debt I'd think they are still going to so are awaiting Barclays reply - and Calders are the ones to reply to it being of course Barclaycard anyway, as it's been passed back to them by Lewis for a reply. Nothing else, Lewis are still administering the debt I'd think unless as I said they otherwise in writing. They are purely awaiting a reply from the creditor until they carry on with collection.

 

You have no need to CCA them again should this all go wrong. You've already done so. They are then in clear dispute of the CCA request and treat the same way you've deal with your other creditor you mentioned. In the event - but as Priority One says, be warned another DCA could come along months later demanding the rest of the payment and back to square one with them because you didn't receive a CCA you paid an amount which is what BC wants after all.

 

I know I keep going on but ... been here before with them, everyone else has who has dealt with ... No CCA, this is what they do. If you can pay, okay, but just be forewarned this may not be the end of it. Barclaycard are fairly well known for interpreting things their way and most certainly interpreting things to go their way when no CCA exists; they certainly don't appear to take notice of things like OFT or regulations when people write to them. Put it that way. Just trying to warn you as some others are here of the pitfall that may be coming.

 

My post crossed with Priority Ones, I was originally viewing this on my phone downstairs and came back up to reply (I said I wouldn't but like I said above, trying to warn you about what can and may happen).

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Ok so your suggesion is we simply sit back and wait for Lewis's response (it's been over a month now). If they don't respond, and I choose to escalate matters with an account in dispute letter who do I write to? Lewis, Calder or both?

 

Also from my understanding Lewis is either administering the debt or has sold it back to Barclaycard/Calder.

 

Calder appear to have made an offer now on the basis of the CCA request.

 

The main reason for the confusion is that we have had no response to the CCA from Lewis. All other creditors have at least acknowledged receipt and say they will follow up with the required info.

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They are requesting payment by debit or credit card.:-o

 

 

Life's rule number one.

 

If it sounds too good to be true it probably is.

 

I wouldn't deal,nor would most others on here I suspect as DCA's NEVER tell the truth.

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Guest Cartaphilus
If they don't respond, and I choose to escalate matters with an account in dispute letter who do I write t

 

It would go to Lewis as they are the ones allocated this debt. The fact the reply has come from BC is irrelevent, Lewis are still the ones the debt is with.

 

The main reason for the confusion is that we have had no response to the CCA from Lewis. All other creditors have at least acknowledged receipt and say they will follow up with the required info.

 

It's not confusion. Many, many DCAs don't follow up anything in writing, but it's clear they did at least pass your request on to the creditor in this instance. The CCA request is stil in default whether it's been a month or not, they know and so does BC. The time limit is clear. Calder aren't making an offer in good stead here, no creditor does that, it's against their self interests as a money making business. They are purely doing this because they know you hold all the power with the CCA request and without one they can't enforce the debt. Which means, Lewis can go away as a result later and lose out on the chance to get money off you.

BC is hoping people will do this when they know they won't have an enforceable CCA.

 

No one is suggesting you sit back. It's BC who is sitting back by refusing to send you a CCA and offering to make a reduced settlement because they know they don't have a CCA in place.

If it sounds too good to be true it probably is.

 

BC is doing this out of their own self interests, however they make it sound. They want something, even if it's £100 pounds out of you without a CCA.

Also from my understanding Lewis is either administering the debt or has sold it back to Barclaycard/Calder.

 

Has Lewis said this in writing that they've sold it back to BC? If not, it seems unlikely that's happened.

All other creditors have at least acknowledged receipt and say they will follow up with the required info.

 

Well, good for them but the thing to remember here is - no creditor or DCA is your friend when in debt. I wish you well and will say goodnight now.

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