Help, Barclaycard have found me!

[jenquack84]

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

[tomterm8]

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

..

[Laiste]

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.

[tomterm8]

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:)

[Laiste]

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

 

LOL, 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.

[jenquack84]

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.

 

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

[jenquack84]

Btw, who do I send the CCA request to, Buchanan Clark and Wells or Barclaycard??