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rite2bite Barclaycard New delaying tactics!


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Barclaycard sold my sons debt on to Ist Credit who are demanding £1400. His (Then girlfriend) destroyed all his paperwork before leaving him whilst he was in hospital with their baby daughter who had a 9 hour heart op at 9 days old. Therefor he didn't even have the card number let alone knows how much he actually owed before they started adding interest. I sent a letter to Barclaycard asking them to send statements, they replied asking for £10 which I put in an envelope with my sons details and his reference number on the back, I sent this recorded delivery, Yesterday 1st Credit rang my son saying the £10 had not been recieved-he refused to discuss anything over phone, however I rang Barclaycard and DEMANDED they inform me if my cheque had been recieved (Despite Data protection statement) I was told "the envelope was empty!!"Despite me having an independant witness to me sending it. I offered to pay the £10 by my debit card-this was refused "We cannot accept payments over the phone" IS THIS A NEW DELAYING TACTIC I ask? So I rang 1st Credit and after speaking to an 'assistant was offered a settlement figure of £980 (the maximum they allow off ) I was told. I insisted I speak to a manager, who to their credit I did speak to, he offered to take £10 payment to get statements and said he would suspend account untill I came back from 2 weeks holiday by which time he hoped I would get the statements for my son. I offered to pay the money he owed once all the charges were removed. Which I will. Any help would be appreciated.

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Sorry but youve gone off half cock, Im afraid and need to start again using the tried and test method- never accept anything from Barclaycard at face value and NEVER dance to their tune.

 

As you have found out, they are the most slippery of lifeforms and you need to use this site for the correct way of keeping them dancing to YOUR tune. :-)

 

First of all take a deep breath and remember you are amongst friends here. From here on in regard BC as they enemy, who should be respected, but not feared.

 

Follow the advice on here and you can make them ask "how high?" when you tell them to jump.

 

 

 

 

1) Your son really should have sent them the SAR template letter http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html requesting all transaction information.

 

Get him to sign this, they arent obliged to provide this information to anyone but the account holder.

 

Include £10 payment by Postal Order and keep the receipt. This is as good as cash (unlike a cheque) and they cannot very well deny recieving it if you send it by Recorded Delivery.

 

They then have 40 days to provide this data.

 

Write to 1st credit telling them the account is in dispute until the matter of unlawful charges is resolved and that any attempt to enforce a debt containing unlawful charges will be vigourously defended and that your son will counter claim against them for the amount of unenforceable charges.

 

This should shut them up.

 

Then send 1st Credit (as it is they who now own the debt) a section 77/78 request under the Consumer Credit Act for a true executed copy of the original agreement- ENCLOSE A £1 POSTAL ORDER and keep the receipt as evidence. Of course send this by Recorded Delivery and keep the reciept slip and cheque the track and trace at www.royalmail.com for confirmation of delivery.

 

Print the page, staple or paper clip the recorded Delivery slip to it and keep it in a safe place as evidence.

 

Send this-

 

(your Address)

(date)

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxxx

 

Under s77(1) and s78(1) of the Consumer Credit Act 1974, you are ordered to supply me with the following documents:

 

1) A true copy of the executed agreement relating to the above referenced account.

 

 

2) A true copy of the deed of assignment of the above referenced agreement.

 

I enclose a £1 postal order Serial Number:XXXXXXXX as payment of the maximum statutory fee.

 

 

Yours faithfully,

 

 

 

Signed (Your son's name)

 

They have a legal obligation to provide this within 12 working days and cannot contact you again until they have done.

 

If 30 days after this they still havent, they have committed a criminal offence and your sons agreement is void until they do.

 

No agreement=no debt

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