Alfwithhair, is CCA a county court action, what is this ? and what does it entail ?, many thanks Odessa

Many thanks and cheers Alfwithair, so basicially if they take me to court, I am f##ked for the full amount? But the rest of your information is of a good help, thank you again, yours Odessa

Can anybody advise or help, I lost my job 12 months ago through ill health and came into financial difficulties, I do have a smell pension but that is it. I had two Barclay cards which I could no longer pay, I contacted Barclay card to try and resolve the matter, they were not very helpful or forthcoming. I did not hear from them for sometime, then I started to receive phone calls and letters from a debt firm called Moorcroft, I refused to deal with them as I believe my business is with Barclay card and not them, I then started to get phone calls and letters from several other debt firms these being Debt Mangers LTD, Calder, Mercers, Apex and Wescot debt collection agency. Again I did not deal with them for the same reason and all of these companies were chasing the two debts. It went quiet for a while, then this evening a person knocked on my door and said his was calling to collect the debt on behalf of his client, I asked who the client was and he would not answer, however I did notice on his clipboard a sheet of A4 paper with Moorcroft on it. I informed him that my business is with Barclay card, not him or anybody else, he said, well you need to deal with me as I am the last step before court, I found the visit quite upsetting and I do not know how to deal with it, I also believe the Barclay card debt has been sold to one of these companies as I did recently try to contact Barclay card, but they informed to deal with one of these agents, not them. Please can anybody advise or give me answers to the following questions. How can I find out if they have bought the debt? If they have bought the debt, am I right to believe they would have only payed a fraction of what it is worth, if they did go to court what could they claim for the whole debt? or what they paid for it? Do I have any rights with these people calling to my home? Are they required to provide documentation that I owe them this debt and again would they need documentation proof of the debt to take me to court? Are they allowed to keep calling to my house with out a court order?

Diddydicky, teaboy2 & everyone else, there is no code at the bottom, this is how it was sent to me, there was letter with it, which I will load up in the next couple of days, on the back of the agreement photocopy there is the following 1990-CLASSIC A/C. The copy they sent me is very poor quality. Once again everybody thank you for your help and advice yours Odessa, PS, hope all have a good weekend.

Diddydicky and teaboy2, I have attached to this message a copy of what Barclaycard sent me when I requested a copy of my original agreement, I hope it has worked? Apart from this document they have bombarded me with letters through Moorcroft asking for payment and possible court action, its just a living nightmare. Any advice on the attachment would be helpful, THANK YOU Odessa mtec1.pdf

Diddydicky pleas find below a word for word copy of what I received from sharklycard and this is the latest correspondence I have had from them. Reference section 78 of the consumer credit act 1974 I write further to your letter requesting a copy of your executed agreement for the above account. The information we must provide to you under the terms of section 78 prescribed by the consumer credit 1974 and by the consumer credit (cancellation notices and copies of documents regulations 1983. Under section 78, we must supply you with a copy of your executed agreement and a statement of account which is practicable to refer. Please find enclosed a copy of your executed agreement. This is a statement of the terms of your agreement with us and incorporates any variations to the terms made since you entered into the agreement. However, the interest rates have been omitted and the fees and charges have been suspended and are no longer applicable due to the current status of your account. As your account is now in a recovery programme, further information relating to the current state of your account can be obtained directly from your recovery team or debt management agency. With reference to the civil procedures rules (the CPR). We have provided you with sufficient information to allow you to understand our position. The CPR does not confer automatic entitlement to documents before proceedings start. CPR 31-16 provides that a party may apply to the court for pre-action disclosure in certain limited circumstances, which do not apply here. The application must be supported by evidence- and the usual order is for the applicant to pay the costs of the application, including the respondents costs, together with the respondents costs of complying with any order that is made as a result (CPR 48.1(2). While there is no formal obligation on our part to provide documentation in answer to validation of debt correspondence, we have undertaken steps to provide you with the contractual terms under which your financial obligations arise and a statement of account. This completes our obligation to you under section 78 of the consumer credit act 1974. The following list is what is contained on the A4 photocopy I received. Credit agreement, Your right to cancel, Terpretation, Credit limit and charges, Repayments. Statements, Withdrawal- card and cheques, Safekeeping, Termination. General info, Variation of this agreement, Payment protection plan. I believe this is just a standard photocopy of their/our agreement. Again many thanks for your assistance and help, Odessa. Ps, any copies of CCA from teaboy2 would be helpful + I will look into buying scanner this week, thank you again

diddydicky, quick up date and could do with further advice. as you know I have been of work through ill health and I have two credit cards with sharklycard. I have written several times to sharklycard explaining my situation and I have offered to pay a reduced sum for the time being and asked them to freeze the interest, but this was to know avail. They then instructed two seperate debt firms to pursue me. I did as you advised and sent the consumer credit act letter for 1974 with a one pond postal order. As was predicted I recieved several threatening letters and then letters saying they had passed my files back to sharklycard. The debt agents did not provide me with what was requested in the consumer credit letter and the time allowed elapsed. However about two weeks after the elapsed time sharklycard did send a letter and a one sided photocopy which had two titles, these being our agreement a copy for your records and Barclaycard conditions and use. In their letter they mention the consumer credit act for 1974, it also states my accounts are in a recovery programme and it also refers to the civil procedure rules and quotes section 31.16 and 48.1(2) of the CPR. Unfortunetly I cannot scan these documents, but if needed I could type them word for word and post them, the photocopy appears to be a standard copy of Barclaycards agreement and conditions of use. It is very hard to make heads or tails of all this and I have been thinking about writing to them again and looking into a debt management company to help, what could you advice and what do you think, again thank you for your time, patience and kind assistance, yours Odessa

Teaboy2, I sent the letter you provided with a £1 postal order, the only response I have had to date is the following letter from Moorcroft; Dear********* We acknowledge receipt of your £1.00 payment. However, it is essential that we have an agreed future payment arrangement and therefore we must ask you to contact this office within the next 48 hours. Failure to respond to this request may leave us with no alternative but to recommend to our client that they instruct their solicitors to commence legal proceedings against you without further notice. yours Moorcroft Do you think there is anything particular about their response, as I am still waiting for them to provide me with the documents requested in the first letter, many thanks for your help to date, Odessa

Thank you V-John 82, its a platinum visa card I have with them, but no bank account. I have had two letters from Moorcroft, the second being a reminder. The first letter refers to them being an agent of Barclaycard, they have told me what the balance outstanding is and they want a payment in full. There is a 1% rate per month on my outstanding balance, I no longer have payment protection, but I did not anyway, they are going to pass my information the credit reference agencies because I have not paid and I must contact them within 28 days to arrange payment/s. There is no mention from Moorcroft of a default notice, or a notice of assignment or termination notice, although I am not totally shore what they look like of are presented, as far as I can see they are letters demanding payment on behalf of sharclaycard, oh and they said to destroy my cards and I will not receive any further statements, but I have, it just makes me sick inside, if you could expand further with your advice I would be most grateful, thank you again V-John 82, Odessa. Oh, no I do not have anything I can scan at the moment, but what I have put above is what is said in the main letter. What sort of things would I need to scan?

Many thanks teaboy 2, will send letter today and will back in touch when I get a reply, many thanks for your kindness, Odessa

Thank you teaboy2, its a platinum visa card I have with them, but no bank account. I have had two letters from Moorcroft, the second being a reminder. The first letter refers to them being an agent of Barclaycard, they have told me what the balance outstanding is and they want a payment full. there is a 1%rate per month on my outstanding balance, I no longer have payment protection, but I did not anyway, they are going to pass my information the credit reference agencies because I not paid and I must contact them within 28 days to arrange payment/s. There is no mention from Moorcroft of a default notice, or a notice of assignment or termination notice, although I am not totally shore what they look like of are presented, as far as I can see they are letters demanding payment on behalf of sharclaycard, oh and they said to destroy my cards and I will not receive any further statements, but I have, it just make me sick inside, if you could expand further with your advice I would be most grateful, thank you again teaboy2, Odessa

Diddydicky, thank you for your reply, I am not sure what s78 request is and how it works?. I have been of work for a period of time and I am still of work with ill health. I have had my wages reduced and I can not keep up with my card payments, I asked sharklaycard to except a token payment and if they could freeze the interest until I returned to my job and could start payments again. But, they did not want to know, first they set Mercers on to me and now they have set Moorcroft debt recovery on to me, it is very worrying and is making me even more ill, if you could expand and give me more detail of your advice, I would be most grateful. What ticks me off, is I have said I will try and want to honor my debt to them, but I just cannot afford what they want monthly, the account I have with them is a platinum card, but no bank account with them. Thanks again Odessa

Sharklycard have set about me with a debt company called Moorcroft, I have been of work ill for some time, however I do hope to return in the near future. I wrote to Sharklycard and explained my situation and asked for time and their understanding/assistance until I could return to work, but they have set Moorcroft on to me, who keep sending me threting letters, please can anyone advise or help me, thank you Odessa.