some credit card debts might be challengable due to errors on the agreement.??

[underdog13]

This is standard behaviour for them, Superstarjan. Keep a log of your calls and complain to OFCOM. The silent calls are usually an autodialler - Barclays recently received a huge fine for overuse of these intensely irritating devises

[superstarjan]

I have today received two letter back from HBOS saying that in order for them to consider my offer, I have to send a financial statement from a third pary debt counselling service, and they recomend a few,an I had a look at their websites but they will not deal with me as i'm self employed.

 

They also mentioned CAB, but do I have to do this, or is my original income & expenditure form (one i got off here) sufficeint?

 

Thanks

[creditcardmug]

Your own one is sufficient, you could use CCCS if you wanted its free.

[superstarjan]

Ive been on cccs website and they don't deal with people who are self employed.

Is there a standard letter which I can send to them regarding the original one being suffieceint?

Thanks!

[underdog13]

I contacted CCCS and was given an appointment to speak to a specialist self employed advisor - I can't understand why their website would say that they don't deal with the self employed - bizarre! I think it might be worth you giving them a call, Superstarjan; it's a free call, so you've nothing to lose but 5 mins of your time:)

[superstarjan]

Oh thanks, i shall do that today

[superstarjan]

I have sent the harassment by letter to halifax and bank of scotland, 2 weeks ago, they did stop phoning, but have started again, shall i re-send the letter? or just go straight to OFCOM?

[superstarjan]

I recently received a letter from Barclaycard which threatend to send a representative to my house, so I sent the template letter off here to them, (re english common law and people visiting me on my property) but they still sent someone round, what are my rights now regarding this? I said to her that i'd sent the letter and that she was not allowed to come to my house and shut the door.

 

I have also sent them the template letter off here (with £1 postal order) asking them to send my agreement, which I have not received.

 

Can anyone help?

[creditcardmug]

Im surprised you have had a visit, hopefully the visitor left immediately when asked, if you made it clear the matter is in dispute, i don't think this will happen again.

 

I presume you still have had no reply to your CCA request?

 

You can complain to Trading Standards, if you wish.

[superstarjan]

She left straight away, (well sat outside in the car for a while on the neighbours drive).

 

I havent received a response to CCA yet. Is it worth my while complaining to Trading Standards, and if so, is there a template letter?

 

Thanks x

[underdog13]

I wonder sometimes if they send a doorstep caller to case the joint, so to speak; see how big your house is, what the neighbourhood is like, whether there are any flashy cars parked on the drive, nice big plasma tv, etc etc.

 

If it intimidates you into paying up, that's a bonus.

 

Or is it just my nasty, suspicious mind?

[creditcardmug]

I wonder sometimes if they send a doorstep caller to case the joint, so to speak; see how big your house is, what the neighbourhood is like, whether there are any flashy cars parked on the drive, nice big plasma tv, etc etc.

 

If it intimidates you into paying up, that's a bonus.

 

Or is it just my nasty, suspicious mind?

 

No, its not just your suspicious mind, most times they just do a drive by, to weigh the situation up as it were.

 

But the bottom line is if they haven't replied to a legal request for info under the CCA 1974, then they are in breach of the OFT guidelines.

[superstarjan]

I have now had a letter from barclaycard, saying that they are very sorry to learn of my dissatisfaction etc. etc. and that my correspondence is being dealt with and will be resolved in the next 3 weeks.

 

After reading through similar threads on here, I am considering sending the template letter K, asking them to write off the debt.

 

Can anyone advise if this is a good idea?

[creditcardmug]

You can try it, but really if barclaycard/mercers cant get you to pay it, they will just sell it on.

[superstarjan]

 

I have also sent them the template letter off here (with £1 postal order) asking them to send my agreement, which I have not received.

 

I have now received this, however it is simply a credit agreement and not the signed one.

 

They are still phoning and Ive had two letters saying that they are going to send someone round to my house again.

 

Should I speak to them on the phone, or just send the next letter?

[creditcardmug]

Have you sent them this, if not send it now, don't speak to them on the phone under any circumstances!

 

Barclaycard

Dept. LRC

1234 Pavillion Drive

Northampton

NN4 7SG

 

 

I DO NOT AKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

Dear Sir/Madam

 

Re: = xxxxxxxxxxxxxxxxxxx ACCOUNT IN DISPUTE

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls.

 

I now require all further correspondence from your company to be made in writing only.

 

You are reminded of the following under The Administration of Justice Act 1970.

 

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Further to this all calls from your Doorstep Collectors must also cease unconditionally and with immediate effect. I note that there is only an implied license under English Common Law for certain people 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.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.

 

Be further advised that any further telephone calls from your company will be recorded.

 

 

I look forward to your reply

[superstarjan]

I have not sent this exact one, but a very similar one about 3 months ago, they still sent a doorstop caller and continue to phone

[superstarjan]

I have now received the SAR but there is no signed agreement. What do I do now, is there a letter to send, or do I just wait to hear from them again?

[superstarjan]

I have received a letter from barclaycard in response to one I sent to the DCA stating that the account is in dispute and they should pass the account back to barclaycard.

 

Basically, it's a 3 page letter is saying that what they have already provided me with is adequate.

 

Any ideas on what I should do next with this one? Thanks!

[superstarjan]

One of my neighbours knocked on my door last night and said that somebody had telephoned them asking about me!

 

I told her it was obviously somebody trying to 'con' one of us. I wonder how many other neighbours they have phoned that have been too polite to tell me!

 

They didn't leave a name apparantly, so I have no idea which dca it was but they did ask questions about me, can they do this?