Payment demand out of the blue. Help Please!

[Patma]

Hi,

I've spent several hours reading posts to get my head around what actions I need to take, but I confess I'm getting a bit confused, so would much appreciate some advice from some of you seasoned members.

 

Basically what's happened is that, out of the blue on Friday, I got a very unpleasant phone call from a woman at a DCA by the name of Calder Financial, She informed me that, I had failed to respond to a demand for increased payments to a debt I have with Barclaycard, or to a Default Notice they had supposedly issued. The call was typical of others I have now read about on the forums and it ended with me telling her not to phone me again and to put anything she had to say in writing.

 

I have been maintaining payments to Barclaycard for about 9 years on a no-interest basis after getting into financial difficulties due to being a single parent and health problems. I didn't receive any demand from Barclaycard to increase payments or the Default Notice I was accused of ignoring and I have been making payments as normal.

 

The day after the abusive phone call I did get a letter from Barclaycard headed "FORMAL DEMAND" and ordering me to contact Calder Financial to pay the balance outstanding of £745.78 in full.

 

Today I have also had a missed call from yet another DCA (RMA) and don't know why.

 

As far as I can see, my first course of action is to request a copy of the CCA, but I'm not sure who to request it from and what to do next. Also I would very much like to know if Barclaycard are within their rights to ignore my request for a statement of what I have paid in the last 9years, as since interest payments were suspended I haven't received a single one. I wrote to them requesting a full statement some months ago but was completely ignored.

 

I live on income support and disability benefits so can't pay Barclaycard in full as demanded and to be honest I'm feeling really worried about all this., so would really grateful for any suggestions.

Thanks, Patma

[diskmandave]

Hi Patma and welcome to the forums.

 

You're doing great so far so please don't feel worried or threatened as this is what these sharks want.

 

You're correct to assume that your first step is to send the CCA request to verify they have the legal right to demand payments. The CCA request letter can be found here...

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html#post162367

Don't forget to include a p/o for £1 and send by recorded delivery to the agency that is demanding payment.

 

If these people have threatened you I would advise making a complaint to your local Trading Standards office, which can be found here...

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

You might also find detailed advice by contacting the Consumer Credit Counselling Service...

CCCS - Free Debt Advice from the UK's Leading Debt Charity

 

Good luck & best wishes, Dave.

 

[Under Siege]

It sounds like this is quite an old account with Barclaycard and if their past record is anything to go by I wouldn't be surprised if they don't have a copy of the agreement.

 

Good luck

[Patma]

Thankyou for the speedy advice, I feel better already and will get the request off straight away. Is it ok to send the request straight to Barclaycard as I don't have anything but phone numbers for the two DCAs who have been calling me?

 

Fingers crossed that they won't have a copy of the agreement. Thanks again and I'll keep you posted.

[diskmandave]

Fine to send to Barclaycard, word to the wise though, they b*ggers for not signing for mail!

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/101162-diskmandave-barclaycard-x2.html

 

Regards, Dave.

[Under Siege]

If its the DCA that are chasing you, I would send it to them.

However if you can't find their address then I would send it to barclaycard.

When the DCA's call you, you can either ignore the call, hang up or tell them to naff off.

I never, ever speak to any DCA's no matter how many times these people call.

[Patma]

Thanks again both of you. Something I've just spotted but don't know whether it matters is that Barclaycard have quoted my account number wrong at the top of the FORMAL DEMAND letter. Any ideas how to handle that please?

[diskmandave]

Probably just a typing error, assuming all the other details are correct i'ld ignore and get on with sending the CCA request to Barclaycard.

 

Best, Dave.

[Patma]

Here's an update. I sent my request for a copy of the CCA to Barclaycard, with my postal order for £!. I've checked online and it has been signed for as of 21.11.07, so the clock is ticking.

DCA'S are still phoning every day, but I haven't been answering them. They keep leaving urgent messages on the answering service though, so now I've set myself up with a dictaphone and speakerphone, so am going to be answering calls, from tomorrow.(Should be fun! )

 

I got the card and also a Mastercard round about 1985, followed a few years later by a thing called Barclaycard Reserve. I defaulted on all three, round about 1998 and have been making interest-free payments ever since. I plan to send CCA requests off for the other two Barclays cards tomorrow and also to Lloyds TSB (administered by BLS Collections and dating back to late 80s) and Marks and Spencer Chargecard (administered by Rockwell). The sums I now owe are down to a few hundred on each card, so I'm hoping I might be able to negotiate some settlements at the very least, or even perhaps get them wiped out. We'll see. I've been reading your Barclay's story, Diskmandave and think you've done brilliantly. It's such a help to read all the inspiring stories from so many of you and I'm beginning to feel a bit less wimpish about this whole thing.

Thanks to everyone who's got me started. Patma

[Patma]

Hi, I've now had one response to my CCA request. Barclaycard have sent me "A signed copy of my Application Credit Card Agreement". I would like to post it on the forum to get feedback on whether it's likely to be a properly executed agreement, but I can't figure out how to do that. I'm a bit dim when it comes to computer stuff, so please can anyone explain to me how to go about it?

So far I've managed to scan it into the computer, blank out personal details and have uploaded it as an attachment.When I try attaching it to a post, it comes out very small though.

I've also had letters today from Calders and RMA, both of which I would like to post and ask about if poss.

Thanks Patma

[Boro]

If you send me the link to where they are hosted by pm i will have a look for you and see if i can get them up here

[diskmandave]

I would like to post it on the forum to get feedback on whether it's likely to be a properly executed agreement, but I can't figure out how to do that. I'm a bit dim when it comes to computer stuff, so please can anyone explain to me how to go about it?

Open an account at Photobucket & upload the scan, then when you see the thumbnail of your scan appear click in the 4th box underneath (IMG Code) and a yellow box will appear saying "copied", paste the link (Ctrl V) on a blank line in a message reply and your scan will appear like this.......

 

 

Nice & easy!

 

Regards, Dave.

[Seahorse]

Calder Financial, eh? Hmm. There doesn't seem to be very much info online about them at all. Certainly can't find any directors listed. What sort of dodgy company would they be then? Hang on 'til I see if they are registered data controllers...

 

Hmm. The data controller register is down for maintenance. It's certainly worth following up though. If they are not registered, they certainly shouldn't be operating. Of course, it's not likely they ARE doing anything illegal, but I personally take nothing for granted these days.

[Patma]

Thankyou for helping out a dimwit EVERYONE. Ddaaaaa!

This is what Barclaycard have sent me and their accompanying letter actually refers to it as an Application Form.

Next letter coming up. Patma

[Patma]

Sorry the application form is hard to read. If it isn't, I'll be happy to translate what it says and post that.

 

As far as Calder Financial is concerned, according to their correspondence they are Mercers Debt Collections trading as Calder Financial.

I got the following letter from them yesterday, which came in the same post as the application form above, so I'd welcome any advice about to handle it. A letter has just arrived 5 minutes ago from a local Debt Collection Agency they've appointed by the name of Scotcall demanding I phone Calder immediately or they will send someone round for a pre-legal visit. Here's the Calder letter.....

All the Best, Patma

[Patma]

Yesterday I also got a letter from RMA who are dealing with the Mastercard debt. So far I have had no response to my CCA request or my telephone harrassment letter from them. This is the letter. They are now in default with the CCA request because it was received by them on 21 st November.

This whole situation is crazy because I've been paying thse debts for over 9 years and my payments are up to date. Suddenly in mid November, they started hassling me and claiming I have ignored letters and default notices from Barclaycard which I have never received.

I wrote to them with my CCA request and also asked for a full statement of account because I have never even had a single statement in all those years. The only response to that was to tell me a balance, which I don't regard as satisfactory as I want to know that all the payments I've made have been credited to my account.

I am so glad to be able to share all this with you all. Thankyou so much for all your help. I look forward to seeing what you think of it.

Best wishes,

Patma

[Seahorse]

Well, that really IS an application form. A pre-contractual application for a credit card. As confirmed by themselves. And further confirmed by the fact that there is a stamp at the bottom right saying AGREEMENT SENT 11 Feb.

 

So what they have sent you, very clearly is NOT the agreement that you requested. WHat you were REALLY after is a copy of the agreement that they say they sent you way back then. But quite possibly didn't.

 

There is just no way they can say this is the agreement at all. Both barrels into their appendage, methinks.

[Seahorse]

Write back to Calder and tell them that you will not be entertaining in the near future, so there is no point in sending a representative. Not even if he brings his own bottle.

 

If someone turns up, they have no right of entry whatsoever, and you are entitled to tell him to please vacate your property, otherwise you will call the police. That is ALL you have to say to him, so don't get conned into any sort of dialogue.

 

All this needs to be kept to written communication only. Silly buggers, ain't they?

[Patma]

EXCELLENT, thankyou Seahorse! I noticed that stamp in the corner too and wondered if it was significant. I'll send them the next letter telling them they're in default and ignore the bullying. I do wonder what to do about the heavies they're threatening to send round though. Any suggestions welcome.

Best wishes,

Patma

[Patma]

Thanks Seahorse, I will do exactly that. You were typing at the same time as I was.

Best wishes,

Patma

[Seahorse]

Nice one. Just remember that a debt collector has no more right of entry than the bloke next door and you'll be fine.

 

Bear in mind though, that it does look as if an agreement might have been issued, so if it were to turn up, it may well be enforcable. But if they had a copy, I'm sure they would have sent it. So I really wouldn't worry too much about it.

 

Keep us in the loop if anything else turns up. I rather think a letter to them pointing out the obvious might have to be the next step. They don't seem terribly bright, based on the evidence so far.

[Curlyben]

RMA/NCO are a pain to deal with and tend to ignore anything sent to them.

 

For what it's worth throw this at them.

 

Formal Complaint

Letter Before Action

 

Dear Sir/Madam,

 

With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your purusal and ease of reference.

You have failed to comply with request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

 

The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

 

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harrassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully

[Patma]

The DCA which Calder's have now passed me on to and I quote "We have now instructed a local debt collector to visit you at the above address to arrange a method of payment", turns out to be Scotcall of Glasgow.

My question is . Should I offer the poor misguided Scotsman a bed for the night after he's travelled the 476.1 miles and taken over 8 hours to get from Scotcalls address to mine? (According to AA Routeplanner)

Any suggestions as to the appropriate amount of hsopitality I should offer would be much appreciated.

All the best, Patma

[Patma]

That's a wonderful letter, thankyou Curlyben.

I will get it off to RMA first thing tomorrow.I have been pondering how best to set out my next letter to the little darlings.

All the best, Patma

[Curlyben]

Throw this one at Calders as well.

 

 

Account In Dispute

Letter Before Action

 

Dear Sir/Madam

 

 

Thank you for your letter of xx/xx/2007, informing me that I have not responded to your previous correspondence.

 

To date however, your company remains in breach of my legal request for a Consumer Credit Agreement (Consumer Credit Act 1974); received by yourselves on xx/xx/. In fact, the only correspondence that I have received in response to this request have been some additional demands for payment from **DCA**, whilst in default of this request. Until such times as you are able to comply with my request however, no payments will be forthcoming to anyone.

 

With reference to your comments about someone visiting me at my home to collect payments, please be advised that I will only communicate with you in writing. Should it be your intention to arrange a “doorstep call” anyway, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I trust this clarifies your position and mine.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully,