solution financecard ***WON*** Written Off !

[slick132]

Hi Minnimes,

 

Yes, wait and see what they come back with.

[minnimes]

ok still nothing, what do i do?

[slick132]

Well, for starters, go to bed............

 

Far too late to be thinking about DCA's etc.

 

I take it you didn't pay in December, cos you said you wouldn't !!

 

I'd wait to see what they do next. If all is quiet just now, leave it so.....

 

Read this as well (but not tonight !!) http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

It's an alternative strategy to get them to produce the credit agreement. Also, please remind us what sort of a/c this is.

[minnimes]

nope not paid them anything.

cant sleep, got hubby's evil x giving me grief, may as well do something constructive lol.

i really dont think they have an agreement, when i last spoke to them they said they'd send it straight out. hmmmmm

[minnimes]

i have tht thread subbed already lol

[slick132]

Hi minnimes,

 

If you want to pursue the CCA route, you can send them this letter - http://www.consumeractiongroup.co.uk/forum/barclaycard/167584-barclaycard-no-cca.html#post1805429

 

Otherwise, consider the CPR route.

 

[minnimes]

im not sure what to do, which route do you think will get the best responce? and how do i go about going the cpr route?

[minnimes]

ok ,just checked and i sent them a failure to respond letter before xmas.

[slick132]

Hi Min,

 

You can either give them a bit longer to comply with the CCA request, or for the price of a stamp, send them the CPR letter.

 

You'll still have both options open if you try the new route.

 

[minnimes]

cpr letter printed and ready to post tomorrow (recorded)

[minnimes]

just had a letter from mercer, they are going to take action in 48 hrs, so i called them, the girl on the phone said they would continue to act on the account. i said the account is in dispute you cant,she said they will as they own the debt, i said how do you own the debt? it hasnt been sold and you are all the same company, she couldnt answer. i have sent cca requests to littlewoods and to mercer, i also sent a cpr request. she said she couldnt do anything and that i was due for doorstep collection, i said i have no appointment for doorstep collection and i do not want one. she said i needed to call littlewoods, so i hung up and dialed the number for littlewoods and it went straight through to mercer. again i said you have no right to act on the account, i got put on hold, when the girl came back on the line she said she'd spoke to a manager and the account is now on hold while they investigate. the first girl kept trying to make me admit the debt, i didnt, am i doing every thing right?

[slick132]

Hi Minnimes,

 

You did right in not admitting the debt and sticking up for yourself and, of course, it's up to you whether you call them or not.

 

However, it's usually best to keep everything in writing and not to call them at all. They're unlikely to say or do anything to help you as they have their own agenda.

 

Just in case Power2Contact turn up at your door, have a copy of this ready to pass out to them. Keep your door chained and tell them politely but firmly to leave immediately or you'll call the police.

 

P2C always want you to speak to the Creditor by phone while they are there - refuse and tll them you'll call the police if they don't go.

 

[minnimes]

i thought i best call them as they gave my 48 hrs,a letter wouldnt have got there in time. they dont have a phone number for me and i have no intention of giving them one. if any strange people call at the house i just wont open the door. after 3 letters i thought id have at least got some sort of responce, not just them plowing on and doing what ever they want, can i report them? and if i can who to? thnaks slick

[slick132]

Hi Mins,

 

This is exactly how they want you to feel. They threatened and got you to react.

 

You'll become able to ignore them and shrug off their threats.

 

This was the letter I meant to link above - http://www.consumeractiongroup.co.uk/forum/letter-templates/131334-dca-response-threats-home.html Keep it by the front door and pass it out through the letter box if you like. This will show them you know what your rights are.

 

If you just ignore them, they'll keep coming back.

 

Hang on in there !!

[minnimes]

thnk u

[minnimes]

ok the dead line for the cpr was up on the 21st. still nothing do i give them abit longer? theyve had 3 weeks.or do i send the second letter now?

[slick132]

Hi Minnimes,

 

If they've not responded by your reasonable deadline, take the next step.

 

[minnimes]

will do thnk u

[minnimes]

had a letter from a dept collector, i rang them and said the account is in dispute so they should not be acting on the account, they said they can still act on the account, i rang littlewoods/barclays who said they would put me through to the right dept,they put me through to mercer, mercer are not dealing with the debt anymore so i rang littlewoods back who put me through to barclayus who said my cpr had been answered and was posted yesterday, convieneint.i then rang the debt collector back and told them to stop acting on the account they still insist they will act on the account as i have made payments since april 07 there for i have admitted the debt? i said until i see my agreement i will not admit anything and i will write to them after i get the agreement.the guy then threatened doorstep collection i told him i will not accept door step collection appointments, he said they dont need one, i stated i will call the police if the step foot on my property. he then tried to get me to make a payment, i didnt and i said i dont need to while the account is in dispute. he said i did. i know thats not true. so now im waiting for the cpr response, they claim to have never got my cca request now,i can prove they did. isnt it funny how they always make post land at the week end so you cant do anything til the monday? well thats if it shows up. i was told it was being sent out before christmas.

[slick132]

Which all goes to prove what is repeatedly said on these forums .............

 

DON'T RING THEM, EVER !!

 

Let them send their letters. But don't respond to them. They'll not behave any differently because of what you've told them.

 

[minnimes]

well it didnt turn up today, will give them til tuesday, then i will write to them again.

[minnimes]

http://i374.photobucket.com/albums/oo190/minnimes/img027-1.jpg

 

 

this came this morning. i do remember signing something but not what theyve sent me, the thing i signed was half that wide they didnt ask me any income details (which they have put at £35000 !!) i certainly didnt agree to ppi, which seems to have been ticked electroincaly, i applied for this card in a shop. any ideas?

[slick132]

The document is missing several of the Prescribed Terms:-

 

1. Info re the amount of credit available to you.

 

2. Info re the interest rate.

 

3. Info re how you are to make repayments.

 

It would therefore appear to be unenforceable.

[minnimes]

is there a letter i can send them? thanks slick

[slick132]

hi Minnimes,

 

Adapt this to reflect your own case - I've changed a few bits already to suit you.

 

Dear Sir or Madam,

Account No: xxxx xxxx xxxx xxxx - IN DISPUTE

Thank you for your response to my request under CPR 31.16.

I assume you confirm this as a true copy of the original agreement executed by yourselves on the XXXXX.

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of several of the prescribed terms means that a court would be prevented from enforcing it under s127(3).

 

You had until (date here) to provide me with the true copy I requested. After that date you entered into default of my request and I am therefore advising that the matter is now in dispute. Whilst the matter is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, make any further charges to the account or pass the account to anybody else.

Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies including any defaults. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

Yours faithfully