They won't give up

[MAVE]

Hi

 

I have written about this before,but I would greatly appreciate advice on my next step. I have been chased by a debt collection agency for a Barclaycard debt for some months. After sending the CCA letter to the agency and not getting much back, I then sent a CCA letter and data protection to Barclaycard themselves- using an address someone helpfully gave me on here. They have not answered within the 40 days- though they did acknowledge my first letter and promised to answer within the 40days. That was al I heard from them. I was hoping that they would be able to identify how much of the debt was charges and we could have come to an agreement about what to pay (obviously minus any unfair charges).

 

What should be my next step? The debt collection agency had said they would wait until I had heard from Barclaycard but now they are writing to me again, as the 40 days is up .

 

I have also noticed that what they - the DCA - sent back to me in response to my CCA letter, did not list terms and conditions and card charges, that I have been told should have been included on a CCA agreement nor did the paper mention the CCA act of 1972 as far as I could see. It was just the 1st page of a Barclaycard application.

 

They have also- despite my many requests-never sent the deed of assignation, confirming that they now own the debt. This all seems a little dodgy to me and I don't want to pay them anything for this reason.

 

Who should I write to now? Does anyone have any letters/templates which can end this for once and for all,saying that they have failed to comply?

 

I also noticed that the debt was nearly 6 years old, and the debt agency obviously bought it for next to nothing just before the 6 years was up- which was galling for me. Are they trying it on? Should I pursue them or Barclaycard?

[Jeff2000]

Hi Mave,

 

 

Have you acknowledged the debt at all? How long until the 6 years are up?

 

 

If the DCA have only sent an application form, then they have not complied fully with your CCA request. Are there any signatures on the application form?

 

Let them default on the request before contacting them again. (12 days + 1 month). In fact I wouldn't bother contacting them if it was me. I'd wait until they contact me first!

 

Regards, Jeff.

[tbern123]

Is the DCA, Cabot by any chance ????

[MAVE]

Hi again

 

I had waited, to see if Barclaycard would reply to my SAR- they haven't and it's now over 40 days. Now the letters are coming again. The debt agency is not going to give up. I don't know where to go from here. I know the debt agency haven't complied. Shall I send a letter saying so and telling them to cease writing to me, as they have no claim to any monies?

 

It's not Cabot, it's Lowell.

[MAVE]

The date on the application is within 6 years, so it isn't time barred, unfortunately, and my ex-partner ran up the debts and didn't pay me back.

[MAVE]

In the absence of any conflicting advice, I am going to send the DCA a letter. After searching, I found one, which strongly states that they have failed to adequately respond to my CCA request and that therefore they have no case- stating also that they have failed to show a 'deed of assignment' saying that they now own this debt.

 

I am also going to loof for a similar letter to send Barclaycard- which I will copy to the DCA - Saying that they failed to answer my SAR request in the 40 days and therefore I will no longer deal with them. I will look for one on here but if anyone knows of one, let me know please.

[Jeff2000]

In the absence of any conflicting advice, I am going to send the DCA a letter. After searching, I found one, which strongly states that they have failed to adequately respond to my CCA request and that therefore they have no case- stating also that they have failed to show a 'deed of assignment' saying that they now own this debt.

 

I am also going to loof for a similar letter to send Barclaycard- which I will copy to the DCA - Saying that they failed to answer my SAR request in the 40 days and therefore I will no longer deal with them. I will look for one on here but if anyone knows of one, let me know please.

 

 

Hi Mave,

 

 

Try this one from Alanfromderby:

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

 

You have failed to comply with my Data Protection Act Subject Access Request dated (Insert Date).

 

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

 

Yours faithfully

 

 

 

 

 

[name]

 

You can adapt it or add to it as you see fit!

 

Also if you think some of this debt is made up of unlawful bank charges, tell the DCA that the account is in dispute with Barclays. You don't have to tell them why. In fact its none of their business! Tell them you are only dealing with the original creditors from now on!

 

As for them sending you letters, these are just scare tactics!

 

Good luck, Jeff.

[MAVE]

Thanks Jeff. Great stuff! I can't wait to send it. This should have the desired effect

[gemspan]

Hi Mave

 

This is a letter relating to a SAR request, not a CCA request. They are 2 different things. You must send a letter to both the DCA and Barclays advising them that as they have not complied with the CCA request you do not acknowledge the debt. Also cease paying all monies to them and ask them to remove any default information or in fact any information relating to you from the Credit Reference Agencies. They will have to do this by law. If they dont then you can take the matter further as they have now committed a criminal act and can be prosecuted. Also, once the DCA has that letter they should stop writing to you. If they dont then contact the OFT and advise them of the background.

 

If they refuse to remove your default etc., report them to the Information Commissioner as they have no authority to use this information as they have not produced an agreement with your permission to do so.

 

I hope this helps

Good luck

Annie

[Jeff2000]

Hello again Mave,

 

 

For CCA default you could use this from Tamadus as a basis. Again you can adapt it to your own requirements:

 

 

 

 

I refer to my letters dated XXXXXXXX which was delivered via recorded delivery to your offices on XXXXXXXX, and my follow up letter dated XXXXXXXX.

 

In my letter of 17 August I made a formal request for a copy of the signed, executed credit agreement for the above numbered XXXXXXXX account under section 77(1) and section 78(1) of the Consumer Credit Act. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on XXXXXXXX and XXXXXXXX respectively.

 

As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1)—

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore as at XXXXXXXX this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed.

 

Failure to respond favorably to this letter within seven (7) days of receipt will result in immediate litigation being commenced against your company without further notice.

 

I await your rapid response.

 

Yours Faithfully