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

[pompeyfaith]

Well the formal demand for payment has not given you much time IMO they should give you at least 7 clear days .

 

So as that letter was dated 1st May 2009 and gives a remedy of 8th May 2009 thats not 7 clear days taking service into account.

 

Have you posted the Default Notice on here ?

 

Maybe worth checking the dates on that too it must show 14 clear days.

 

Regards

 

PF

[pompeyfaith]

I've just checked though your thread and i can see the default notice they refer to in the above letter you got.

 

Did you get a default notice from them ?

 

If you have it can you post it on here removing personal stuff

 

We need to check this complies as they cant take you to court unless it does.

 

Regards

 

PF

[minnimes]

no ive never had a default off them, ive wrote to then saying the agreement is unenforceable and that is what ive had back. any advise?

[slick132]

Hi Minnimes,

 

Did you send a SAR to find out what penalty charges have been added to the a/c.

 

This may help in getting any default removed later if they default you. You should still set about reclaiming all charges and getting the PPI back, as you said you did NOT apply for this.

 

If you still want to repay them when you can, the amount you owe will be reduced by dealing with these matters.

 

As regards their snotogram demanding payment, try:-

 

Dear sir or madam,

Account No: xxxx xxxx

I refer to your letter of 1st May.

The credit agreement which you produced is wholly unenforceable for the reasons set out in my letter to [you/whoever it was sent to] dated xxth March [the one you sent as per post #50].

In the absence of a proper reply to my aforementioned letter, this account remains In Dispute.

You are already in breach of several Sections of the OFT Debt Collection Guidelines and, for this, you will be reported to the FOS for formal investigation.

In the meantime, you must not make any further demands for payment, nor instruct any DCA or other persons to collect on your behalf. Any further transgressions will be reported to the FOS in support of my complaint.

You should now reply properly to my letter dated xxth March.

Yours faithfully,

[minnimes]

thanks slick, no i haven't sent a sar, i haven't had any charges applied to this account yet as the charges and interest have been frozen since the account was opened. they deff have not sent me a default for this account as ive checked. should i include a line asking for a copy of the default they sent me? would the account be enforced if they took me to court? thanks again.

[slick132]

Maybe check your credit file to see if a default has been registered. Then you can decide if action is required in this respect.

 

According to my understanding, the failings in the "credit agreement" should mean a court would NOT issue a judgement against you. Having said this, it all depends on the judge who hears the case on the day.

[minnimes]

ok, will get that letter printed out and posted, so frustrating why they dont have to respond to their mail

[minnimes]

ok, letter all done, now do i report them or wait to see if they respond? how do i go about reporting them if thats what i need to do ?

[slick132]

If you report them, it's up to you when you do it. It's a slow process as they give the bank or DCA 8 weeks to respond on each occasion they write. And there's no guarantee they either find in your favour, or do anything to help your personal case.

 

Simply give the FOS a brief summary of dated events in a separate list with a letter asking them to investigate on your behalf.

[minnimes]

had the same letter as in my other thread for this account, thing is i didnt cca this account, i sent a cpr, it thought they were different?

 

anyway form the agreement they sent me its unenforceable so how do i respond?

 

letter the same as post 158, stolen from another thread.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/168619-barclaycard-cca-response-8.html

[diddydicky]

whatever you do or don't do i think that you SHOULD spend 10 quid on an SAR- this will lock in any information that you may not want to go astray or be different at a later date

[minnimes]

i keep meaning to do it, just been putting it off. do i respond to the letter or just ignore it? thanks,

[slick132]

Follow your own timescale.

 

If the CPR 2nd letter is due to go, send it.

 

You don't need to repond to their letter - they know full well they have not properly addressed your CPR 1st letter.

[minnimes]

ok , thanks slick, but just to check, what do i do about the other barclays account? they sent the same letter, which was a cpr request and they sent me an agreement, which was unenforcable. dont know what id do with out you slick,

[slick132]

Hi Minnimes,

 

You got me confused now.

 

I've just been back through the thread and see that it was THIS a/c that you got the agreement/application form for. But because it was unenforceable, you've continued to ask for the proper agreement, or their admission that they don't have it.

 

On this a/c, if they've only sent you the Application which you posted on post #47, do nothing more and wait for them to take court action.

 

Or, you can take the pro-active approach and take your own court action to ban BC/Solution Finanance from pursuing an unenforceable debt. This is how the CPR strategy works, only you'd be doing just the end part of seeking an injunction.

 

Have you sent off the SAR to get charges on the a/c refunded yet.

[minnimes]

no,sorry if im confusing, i wrote and said the agreement was unenforceable. the letter ive had back is the first one theyve sent back. there are no charges on this account apparently, well thats what they told me ages ago. will get it all printed out and sent off anyway and see what it comes back with, thanks slick

[minnimes]

ok. ive been away until today, i have 2 letters from barclays, one saying loads of stuff about terms and conditions, and then another one saying the debt has been sold!!! will scan them asap but any advice for now? they say they dont accept the account is in dispute?

[slick132]

Hi Minnimes,

 

Probably no need to scan the T&C's letter. We've seen many copies of the same template letter.

 

Re the other one, about the a/c being sold, scan it when you can.

 

[minnimes]

sorry its took so long,

 

http://i374.photobucket.com/albums/oo190/minnimes/img029-1.jpg

 

 

http://i374.photobucket.com/albums/oo190/minnimes/img030-1.jpg

[slick132]

Well I'd send Lowells this:-

 

Dear Sir or Madam,

ACCOUNT IN DISPUTE - Account number: XXXX XXXX XXXX XXXX

 

I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be resolved on **DATE**. This obviously hasn’t happened.

 

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines have breached and I consider this account to be in SERIOUS DISPUTE.

 

As you are aware, while my Consumer Credit Act request remains in default, enforcement action is NOT permitted and, under s127, this constitutes a complete defence at law.

 

I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter and look forward to hearing from you in writing.

Yours faithfully,

For good measure, send them the first CPR letter. At the end, add:-

 

As you now own this account, you should be aware that I am about to reclaim any unlawful penalty charges levied to the a/c in the last 6 years.

Have you sent off the SAR to see IF there are any charges on the a/c yet.

[minnimes]

lol, thanks slick,

yes, nothing back yet though,

[minnimes]

oh do i send anything to barclays? or just let the account get returned to them?

[diddydicky]

you have nothing to do with barclays anymore- they sold the account!!!

[slick132]

Wait and see if the a/c is returned to Barclays - if there are charges on it, Lowells may want to drop it like a hot potato.

[minnimes]

im fairly sure, from the balance tht the charges on the account are only around £200, just have to see what they send me,