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Dowie
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Hey everyone,

 

I'm writing on behalf of my mum, she's gotten herself into a it of a pickle.

 

She got a BarclayCard last year with a £270 limit on it. She paid a payment a day late (£14) and was charged £70! Now it has escalated and she's receiving letters from Power2contact/Credit Solutions saying they are gonna come and collect the money from her home. The debt is now at £1043.07.

 

We're just looking for some advice please, with regards to what we should do. Hope someone can help.

 

Thanks

 

KC.

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Hi Dowie,

 

you/your mum have to get those ridiculous charges sorted out first! go to the template library on this site and send a SAR request to the original lender (£10) Also request a CCA (£1) from the debt collection people, send everything via recorded delivery

 

Read through the other threads for more advise and I'm sure other people will reply to give you more help

 

Those charges are ridiculous, but your mum will be able to claim them back/get them taken off the outstanding balance.

 

Good luck :)

  • Haha 1

Hit the scales, you know you want to :p

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Thanks very much for your reply, allykat. I've actually already reclaimed my charges, I just wasnt sure if it was the same routine for credit card charges. I've just found the SAR letter, but I can't find the other one you mentioned, is there any way you could link me to it please?

 

Thanks very much for your help.

 

KC

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Thanks very much for your reply, allykat. I've actually already reclaimed my charges, I just wasnt sure if it was the same routine for credit card charges. I've just found the SAR letter, but I can't find the other one you mentioned, is there any way you could link me to it please?

 

Thanks very much for your help.

 

KC

 

 

This is a CCA request (send recorded with a £1.00 postal order) -

Your Ref: xxxxxxxxxx

 

 

To Whom It May Concern

 

 

I do not acknowledge ANY debt to your company.

 

I require you to supply the following documentation before I will correspond further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

 

Yours Faithfully

I've never personally tried to claim charges from a credit card before, but I'm told the process is the same, if I'm wrong I'm sure someone will correct me :)

Hit the scales, you know you want to :p

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I have all the letters sorted now, just gotta get account numbers from my mum then they can be sent off.

 

I'll keep this thread updated, thanks very much, Allykat!

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  • 2 months later...

Hey everyone

 

Well mum received her statements back yesterday and I'm just wondering what the next step is now.

 

Some things that are on the statements are:

 

Over credit limit charge £12/£24

Late payment charge

Exceeded limit

Payment protection plan

Interest on standard balance

Interest

Interest on cash balance

Cash adv/chq handling fee

 

Now can any of these be claimed back?

 

On the bottom of the covering letter for the statements it reads "The information we have enclosed relating to this account is all that we hold". Seperately we sent Barclaycard a CCA also, so would this be referring to this letter? Or will they send one separately?

 

The credit limit on the card was £480 and the end amount was £871.11

 

Thanks for any help. Just really need to know where to go from here.

 

Cheers

 

KC

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This is another letter my mum has received from a debt collection agency (Mackenzie Hall) with regards to an Abbey account she had about 7/8 years ago. We sent them a CCA...

 

We refer to your letter dated 4/6/7

 

We have contacted our client for a copy of your agreement and statement of your account.

 

Your account is currently on 'Hold'. Please be assured that no action will be taken against you.

 

Should we not receive the relevant proof from our client within 28 days, we will close your file and return the file to our client. Our client will then decide what step to take.

 

As a gesture of goodwill, your payment has been returned.

 

King regards

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Hey everyone

 

Well mum received her statements back yesterday and I'm just wondering what the next step is now.

 

Some things that are on the statements are:

 

Over credit limit charge £12/£24

Late payment charge

Exceeded limit

Payment protection plan

Interest on standard balance

Interest

Interest on cash balance

Cash adv/chq handling fee

 

Now can any of these be claimed back?

 

On the bottom of the covering letter for the statements it reads "The information we have enclosed relating to this account is all that we hold". Seperately we sent Barclaycard a CCA also, so would this be referring to this letter? Or will they send one separately?

 

The credit limit on the card was £480 and the end amount was £871.11

 

Thanks for any help. Just really need to know where to go from here.

 

Cheers

 

KC

 

The penalty charges such as late payment fees, etc are the ones you can claim back... I haven't claimed any charges back yet myself, but I believe the process you follow is the same as you would with bank charges, as you now have the statements, write to them with the dates and amounts of the charges and request the money be refunded.

 

as for the CCA, if they don't supply it within the 12 day period, the debt is unenforcable, then after one calender month if they still haven't supplied it, they have commited an offence.

 

Good luck :)

Hit the scales, you know you want to :p

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Thanks AllyKat, you're a star! Just wondering though, should I wait until I hear back from them with the CCA before commencing with getting the charges back?

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Thanks AllyKat, you're a star! Just wondering though, should I wait until I hear back from them with the CCA before commencing with getting the charges back?

 

I shouldn't think it makes a difference really, you can claim the charges back as soon as you want to, the CCA just proves they have the right to collect the debt and without it they can't. I requested my CCA from a DCA recently and they promtly returned the debt to the original creditor! Not heard anything since :rolleyes:

Hit the scales, you know you want to :p

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  • 1 month later...

Hey again.

 

My mum has recently received this copy from BarclayCard, theyre saying it's 'a copy of the original signed agreement'.

 

I really don't think it is though... can someone please confirm? We sent the CCA off on the 4th June... this letter was received on the 13th July.

 

Thanks.

 

http://i54.photobucket.com/albums/g95/KC-2006/BCApplicationFormcopy.jpg

 

What is the next step now? Mum is really worrying that bailiffs are gonna come a knockin.

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  • 1 year later...

I've just spoken to this bunch of Monkey's and they tried to tell me that they had all the correct warrants. I pointed to the "wet behind the ears" young man that they needed to go to court first to get ANY warrant before executing them. To get far, I would have to refused coughing up with anything, which is silly.

 

If you want to vent your spleen, ring them up and tell them if any uninvited guests turn up, you will call the police and have them arrested for trespass.

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This is another letter my mum has received from a debt collection agency (Mackenzie Hall) with regards to an Abbey account she had about 7/8 years ago. We sent them a CCA...

 

We refer to your letter dated 4/6/7

 

We have contacted our client for a copy of your agreement and statement of your account.

 

Your account is currently on 'Hold'. Please be assured that no action will be taken against you.

 

Should we not receive the relevant proof from our client within 28 days, we will close your file and return the file to our client. Our client will then decide what step to take.

 

As a gesture of goodwill, your payment has been returned.

 

King regards

 

 

if your mum hasn't made any payments or acknowledged the debt in writng for a period of 6 years,it is satute barred IE they can whistle for it,and nothing can unbar it,no matter what a DCA tries to tell you......

 

if this is the case,your mum can consign that one to the bin and tell Muck Hall to stop wasting her time ;)

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Hey again.

 

My mum has recently received this copy from BarclayCard, theyre saying it's 'a copy of the original signed agreement'.

 

I really don't think it is though... can someone please confirm? We sent the CCA off on the 4th June... this letter was received on the 13th July.

 

Thanks.

 

http://i54.photobucket.com/albums/g95/KC-2006/BCApplicationFormcopy.jpg

 

What is the next step now? Mum is really worrying that bailiffs are gonna come a knockin.

 

I have a roll of andrex that more closely resembles a CCA

 

and a bailiff can only be instructed by a court to enforce a CCJ.....if a DCA tries this "doorstepping" tactic,just ring the cops

 

he'll be off your doorstep lickety split

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