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    • Hi All, So brief outline. I have Natwest CC debt £8k last payment i made was 7th November 2018 Not a penny since. So coming up to the 6 year mark. Can't remember when i took out the  credit card would be a few years before everythign hit the fan. Moved house 2020 - updated NatWest as I still have a current account with them. Then Lowells took over from Moorcroft and were writing to me at my current address. I did get a family member to speak to them 3 years ago regarding the debt explained although it may be in my name I didn't rack it up then went contact again. 29th may received an email from overdales saying they were now managing the debt. I have not had any letter yet which i thought is odd?  Couple of questions 1. Does my family member speaking to lowell restart statute barred clock? 2. Do you think overdales aren't writing to me because they will back door CCJ to old address even though Lowells have contacted me at current address never at previous? ( have no proof though stupidly binned all letters  ) Should I write to them and confirm my address just incase? Does this restart statute barred clock? 3. what do you think best course of action is?   Any help/advice is appreciated I am aware they may ramp up the process now due to 7th December being the 6 year mark.   Many Thanks in advance! The threads on here have been super helpful to read.  
    • Hello all, just got this from my bank today.   ” Update on your payment refund As you know we temporarily refunded the amount(s) of £381.98 to your account pending investigation. We’re pleased to confirm that an additional amount of £359.99 has also been refunded to your account by the retailer on 18th March 2024. What will happen next To correct this situation, arrangements will be made on 6th June 2024 to reverse the original refund supplied from us.  Our file in respect of this matter will now be closed, which we trust is satisfactory.”   Not sure what to do as I was previously told if I hear nothing back after a certain date that would be the case closed now it’s been changed to the 6th of June. and as you see I’m not getting a full refund I don’t know wether to contact them again and try to get the £20, or if I even can at this point? Thanks again.   
    • Is your current mental health causing you to apply negative thinking? If the answer is yes, then you should get some advice. The following website link enables free mental health support. https://atw.maximusuk.co.uk/?utm_campaign=EMP-ATW-B2C-B2B-leadgen &utm_medium=PPC Google Text&utm_source=Paid Seach&utm_term=maximus mental health&
    • So even if they do repair it in time, you still need to get a marquee etc? If they don't repair it in time, you have to find a new venue? I'm confused?
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Help, Barclaycard have found me!


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Hi everyone,

 

I need a little bit of advice with Barclaycard. It has been unpaid since November 2005 and until today I haven't heard anything from them. I sent my S.A.R - (Subject Access Request) on April 23rd, and today I have received a letter from Buchanan Clark and Wells debt colleting agency asking me to contact them to settle the full amount! (£815.27) I had some idea that this might kickstart them into coming after me for their money, but haven't really thought about how to deal with it!

 

The letter seems to be the usual stuff (I've received quite a few letters from DCA's in my short time!) but one bit of it says:

 

'Unless you make arrangements to settle the account within 72 hours our agent may be instructed to attend your premises to establish your residency and reason for non-payment'

 

What does this mean? Bailiffs?? Although I'm probably not as concerned about this as I have no intention of letting them in my house at all!

 

My claim for charges will amount to around half of the outstanding amount, plus a claim from Barclays itself will roughly add up to the other half. I have read somewhere that no collections action can be taken against an account where the amount owed is in dispute but who do I contact? And how do I go about it?

 

Any help you can give would be very much appreciated! Should I call Buchanan Clark and Wells? Write to them? if so what should I say???

 

Thanks

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Hi everyone,

 

I need a little bit of advice with Barclaycard. It has been unpaid since November 2005 and until today I haven't heard anything from them. I sent my S.A.R - (Subject Access Request) on April 23rd, and today I have received a letter from Buchanan Clark and Wells debt colleting agency asking me to contact them to settle the full amount! (£815.27) I had some idea that this might kickstart them into coming after me for their money, but haven't really thought about how to deal with it!

 

The letter seems to be the usual stuff (I've received quite a few letters from DCA's in my short time!) but one bit of it says:

 

'Unless you make arrangements to settle the account within 72 hours our agent may be instructed to attend your premises to establish your residency and reason for non-payment'

 

What does this mean? Bailiffs?? Although I'm probably not as concerned about this as I have no intention of letting them in my house at all!

 

It means their agents - i.e. employees. They have no legal powers, and if you ask them to leave three times they must do so. If they refuse, call the police and tell them someone is tresspassing on your land and you are afraid of a breach of the peace.

 

My claim for charges will amount to around half of the outstanding amount, plus a claim from Barclays itself will roughly add up to the other half. I have read somewhere that no collections action can be taken against an account where the amount owed is in dispute but who do I contact? And how do I go about it?

 

Just write to them informing that the amount is in dispute, because you believe that the account was made up from penalty charges that are illegal. Inform them that you sent them a S.A.R. and plan to reclaim any charges, and ask them to investigate the matter.

 

Any help you can give would be very much appreciated! Should I call Buchanan Clark and Wells? Write to them? if so what should I say???

 

don't call. Everything recorded or special delivery.

 

Thanks

..

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Hi,

 

Sending a SAR does not put the matter in dispute, non compliance with a CCA request does that. If you haven't sent a CCA request my advice would be to send one, to establish if an agreement exists. They have 12 working days to furnish it, from date of receipt. Non compliance after this time, puts the a/c in default. If after one month the agreement hasn't been provided the creditor commits a summary criminal offence.

 

You should claim back the penalty charges which are unlawful not illegal. You should also claim damages under The Unfair Terms in Consumer Contracts Regulations 1999, for the imposition of the charges and interest on said charges.

 

NEVER contact them by telephone, everything must be in writing which can be proven. You have no way of proving what you say to them or vice versa in a telephone call, unless you plan to invest in recording equipment. Any conversation with a creditor/DCA will invariably get unpleasant, threatening and nasty, so unless you are of the sort of disposition where you relish a fight, can really hold your own and quote the law at them-avoid speaking to them! Keep a record of all calls from them, even if you don't answer. Number, date, time etc... If you do happen to pick up a call, don't go through security Q's with them, simply say you have no way of verifying who they are and for Data Protection reasons are unable to continue the call and ask that they put whatever they want to discuss in writing.

 

Regards,

 

Laiste.:)

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Hi,

You should claim back the penalty charges which are unlawful not illegal. Laiste.:)

 

Eeek!:o Yes, a very important point. Post in haste, regret at leasure:)

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Eeek!:o Yes, a very important point. Post in haste, regret at leasure:)

 

LOL,:p Tomterm!

 

Very easy mistake! When you have to digest such a lot of legal info and pass on the benefit of your knowledge and experience to others, sometimes you can forget what your name is, (well I do:rolleyes: )never mind everything else! You always give good, helpful advice to lots of people which is what counts!:)

 

Regards,

 

Laiste.:)

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Hi guys,

 

Thanks so much for your replies. I knew that the SAR didn't put the account in dispute- that's where I started to panic because I hadn't got to the stage where it was yet, so didn't know if I could use that or not! I'll follow your advice and let you know what happens, I am definately NOT the kind of person who can deal with telephone confrontation well so will avoid speaking to them at all. :eek:

 

Now I have an idea of how I should go about tackling this, I feel so much calmer. Thanks!!

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