Barclaycard

[missy1980]

I know someone who has dealt with mercers and they offer repayment plans for customers with difficulties to pay 1% of the balance for 6 mths then to be reviewed again. Not sure what your balance is but they stop interest after 2 payments which could help a lot as the balance will be frozen otherwise the balance will just go up every month with interest. I dont know how big your balance is and whether this info will help you. from what ive heard, the reason some companies dont accept token payments anymore is because the debt is not being repaid back enough and they are getting so many letters and complaints at not accepting token payments its taking time to reply personally. Do you know how many months arrears your account is in? and what % of the balance have you offered as full and final?

[Duffers Mum]

Missy I won't pay a penny to Mercers as Barclaycard passed the account to them whilst it was in dispute. I asked B/C for a copy of my credit agreement and they haven't provided the correct documentation, yet have continued to add interest and charges. I've offered them a reasonable amount bearing in mind they haven't complied with my request. Barclaycard have been an absolute nightmare to deal with, I just want to see the back of them!

[lickthewallfatboy]

as above!! ditto......

[Duffers Mum]

I have today received another letter from Barclaycard saying they are still looking into my complaint and hope to have a response by the end of July, still don't know what complaint they are on about though! The only letters I have sent have been asking why they haven't responded to my F&F, but these certainly weren't headed complaint. Very odd. I haven't received any threat-o-grams from either them or Mercers since I've received these two letters, would an official complaint put a hold on things?

[The GodMother]

Yes a official complaint would put things on hold

[Duffers Mum]

But it wasn't an official complaint, merely a letter asking why they haven't responded to my F&F offer. Oh well I guess I'll have to wait until next month to see what they say and in the interim earn interest on the money i've put aside for these companies, none of whom actually seem to want it!

 

Has the baby arrived yet?

[Duffers Mum]

Have received a reply from Barclaycard today advising they will accept £xxxx in full and final settlement. I have checked back and my balance when I asked for reduced payments was £500 over that amount so they have actually agreed to settle at a lower amount, however that is still too high for me. They suggest i contact CAB or CCCS as part of their commitment to supporting customers in financial difficulty if they are formally approached on my behalf they would be pleased to consider their recommendations. I obviously don't want to go down this road. Do you think its worth going back and asking if they will accept say £1,000 less than they want, which would actually £1,500 more than I originally offered and if so what do you think the chances are that they would accept this? I'm not worrying about my Goldfish account at the moment because Cabot can't find the agreement and my account is on hold, I suspect they will not be able to find the agreement therefore I could use part of the money i've put aside for them to pay Barclaycard a bit more. Still waiting to hear from M&S and Sainsburys are being a pain as per usual, I owe them more than Barclaycard, its difficult to know what to do for the best so any advice would be greatly appreciated. Thanks

[The GodMother]

you could alwys ask them to accept less and remember it does have to be on your terms tho.

[Duffers Mum]

Letter sent off to B/C asking if they will meet halfway, in what i've offered and what they want, advising offer open for 14 days and if I don't hear from them offer will be withdrawn, funds used to pay off other creditors and token payments will be all they get. Be interesting to see what they come back with!

[The GodMother]

Oh good your standing your ground.

[Duffers Mum]

Well i've nothing to lose, if they take me to court, they take me to court, bearing in mind my OH has had to take early retirement and I've just reduced my hours to 3 days a week they aren't going to get much more per month than what I pay now, and provided I pay what the court tells me to there is nothing more B/C can do, they can't go for a charging order unless I don't stick to whats been ordered. It would take me donkeys years to pay off the balance. Personally I think B/C would be stupid to refuse my offer, but we all know they are not very bright. I'm not going to worry anymore about these companies, I used to be terrified of going to court, but not now, especially as they haven't provided the correct documentation, therefore they might end up with didly squat!

[Duffers Mum]

AARRGGHHH, I have now officially lost the will to live! What is it with Barclaycard, does the right hand not know what the left hand is doing. Following on from my posts above B/C have suggested I settle at £XXX, I have gone back to suggest the meet me halfway. How silly of me to think that during the interim time of letters they wouldn't do something stupid. Today I have received a Formal Demand from Credit Solutions. Now why would B/C think I would pay Credit Solutions when I have so far refused to pay B/C or Mercers? The letter contains the usual doorstep collector or we will recommend our client commences legal proceedings againsts you blah blah. Bring it on I say! Their letter also says I wont' receive statements, and that interest will be charged at 1% per month on the outstanding balance.

 

I am going to respond to Credit Solutions with the same letter I sent to Mercers, i.e account was in dispute shouldn't be transferred, no charges etc, and also with the you don't have permission to visit my home sentance as well. I will also politely suggest they return the account to Barclaycard as they are at the present time trying to negotiate a full and final settlement with me. I am also going to send yet another letter of complaint to Barclaycard and send yet another email to Northampton TS.

Is this a usual B/C ploy...to send it round to different DCA's?

 

Right off to email Credit Solutions now!

[The GodMother]

Go give them hell.

 

Any way they cant send a final demand as a first letter.

[Duffers Mum]

Well this is what I've emailed them, should I send it via recorded delivery letter to do you think:-

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

WITHOUT PREJUDICE

 

I was rather surprised to receive a letter from you today in connection with my Barclaycard Account. I am sending you the same response as I sent to Mercers and to Barclaycard:-

 

My account with Barclaycard is currently in dispute as they have not complied with my request for a copy of my credit agreement as requested under the consumer credit act. This request has been outstanding for approximately 12 months. As my account with them is in dispute, interest and charges should have ceased and my account SHOULD NOT BE TRANSFERRED TO ANY THIRD PARTY. It also remains unenforceable.

 

In 2007 I wrote to Barclaycard requesting that they supply me with a true copy of the executed credit agreement for this account.

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection.

 

I therefore politely suggest you return my account to Barclaycard as I will not be communicating with your company further over this matter until such time as Barclaycard provide me with correct documentation as requested under the Consumer Credit Act. Furthermore Barclaycard are currently being investigated on my behalf by Northampton Trading Standards, to whom I will also be sending a copy of your letter.

 

You do not have my permission to send a doorstep collector to my address and I must advise if anybody should turn up they will be reported to the police for trespass.

 

By all means recommend to your client that they commence action against me in the County Court as without the proper documentation there can only be one outcome and that would obviously be in my favour.

 

I therefore look forward to receiving your confirmation that you have returned this account to Barclaycard.

 

With the kindest regards

 

 

I really don't understand the mentality of these CC companies, why would somebody respond to one DCA if they haven't responded to any of the others. Its crazy, but I suppose its just the way their computers are programmed. Another think that surprised me is that B/C are in communciation with me about a reduced settlement and the figure they have said they will suggest is a fair bit lower than the Credit Solutions are asking for in their Formal Demand. Left hand obviously doesn't know what right hand is doing!

[The GodMother]

Yes send the same buy recorded delivery just so you have further proof it was sent and recieved.

 

it is pretty obvious that the left hand never knows what the right hand is doing with most of these companys.

[Duffers Mum]

Result!

[Duffers Mum]

RESULT! Letter received from Barclaycard today stating they will accept my F&F offer and I have to contact Credit Solutions within 14 days to arrange payment. Whilst I know I could have held out and not had to pay them anything, I just want to get these creditors off my back. Barclaycard have confirmed that no further action will be taken to recover the remaining balance and they confirm the account has been closed. The CRA;s will be amended to show debt satisfied with partial settlement, now I know I could argue over this, but to tell the truth I'm not that bothered.

 

Will B/C's letter be enough to hold off further action from DCA;s in the future?

 

The F&F offer I made is about 40% of the outstanding balance, so its more than what I offered in the first place but considerably less than what B/C wanted, so I'm happy to get rid of them once and for all.

 

If anybody could advise me about my question about re the confirmation that I won't be chased I would be very grateful.

 

Just wish Sainsburys would take heed and do the same!

 

One other thing, should I actually just pay Barclaycard direct and not even bother going to Credit Solutions?

Edited July 26, 2008 by Duffers Mum
Added something else!

[The GodMother]

yes it should be enough.

 

Either way you have it in writing so if they do pass the outstanding debt on the you can sue them for breech of the agreement and u can sue the new company for harassement.

 

Your call on who u paybut i would make CS aware of the settlment and that you have paid encluding the proof of payment.

 

Your best bet is to send a cheque or postal order and then get proof to say it was cashed. Also when u contact CS to either arrange payment to to advise them of the settlement photocopy the letter and send it aswell. Make sure u send any payments buy recorded delivery and the same with the letters.

 

Oh and Well done.

Edited July 26, 2008 by The GodMother
adding something.

[Duffers Mum]

GM - thanks for the advice I don't really want to ring CS I suppose I could write, sending it special delivery so it gets there the next day, enclosing a copy of B/C's letter and asking who I make the cheque payable to. Ideally i would prefer to pay Barclaycard but if they say I have to pay CS then I will, but I first require their confirmation in writing that they won't chase for remainder of the debt or pass on to another DCA. I will get letter sent off on Monday.

 

I'm just relieved to have one out of the way, waiting to hear from Cabot re my cheeky offer for my Goldfish account which they can't even provide an application form let along a CCA, so fingers cross they accept too, also waiting on Citi, Sainsburys are just being very annoying! But if i can get the others to accept i'll now how much I have left to barter with on my Sainsbury's account!

 

Oncea again, thank you so much for all your help and assistance, its greatly appreciated.

[The GodMother]

your welcome.

 

the fact that BC have said the rest wont be chased for means NO ONE can chase it this encludec CS even if they dont lik it.

[pt2537]

once the debt is settled , any attempts to enforce the remaining out standing parts would be subject to Estoppal and the claim would not succeed

[The GodMother]

erm paul what is Estoppal?

[pt2537]

To be honest, it is a difficult subject to try and explain, unless you understand subjects such as equity and contract law etc theres no real point me trying to explain the full details

 

however i did find this which sets out the basics

 

For an example of estoppel, consider the case of a debtor and a creditor. The creditor might unofficially inform the debtor that the debt has been forgiven. Even if the original contract was not terminated, the creditor may be estopped from collecting the debt if the creditor changes its position later.

[Duffers Mum]

GM and PT, thanks for putting my mind at rest on that one! I must admit I never thought Barclaycard would settle for anything less than the full balance so am delighted they have, now just need to get Sainsburys to do the same! Citi is a small debt anyway and if push comes to shove I could pay all that off, M&S happy to accept token payments for another 12 months with no interest and charges, seems silly to push for an F&F as they have already refused 2 offers, I'll try again next year. Goldfish and Cabot..hmmm will have to wait and see what transpires on that one.

 

One thing I do know though is that without all the advice and help i've received from CAG it would probably have been an entirely different story, thank goodness for Google and the net I say!

 

Hopefully I'll be able to pass on some of the things I've learnt to newer members and get them to see there is always light at the end of the tunnel and you should never give up!

 

Thanks once again

[The GodMother]

your welcome DM.

No i will never give up. I am on other cases already.