Keekeedee v BCard 'MasterCard

[keekeedee]

Well, BC have replied!!

 

I received 2 letters, one i for Visa, the other relates to both, so I am presuming the one relating to both is in direct response to my letter sent last week. The first, no idea!!

 

To sum up they are saying the account is not in dispute. In my reference to section 10, they do not this is relevant unless it is illustrated that unwarranted damage and distress would arise.

 

They also maintain that their customers have consented by agreeing to be bound by BC T&C's assosiated with their account, to the use, disclosure and retention of their personal info as set out in T&C's and that continued retention is necessarr under terms of contract entered into. It's BC view that such consent was not limited to the duration of an account and that it cannot therefore be revoked at will.

 

They sum up by saying my account aint in dispute and I should pay it off. IThey als osay if I am having financial difficulties please contact them so they can arrange a mutually acceptable repayment agreement.

 

They finish by saying that "we have nothing furhter to add and we are not prepared to enter into further correspondence about this matter".

 

Thoughts.... next steps?

[slick132]

I'm wondering if this is a reply to last week's letter because there's no mention of your offer to settle.

 

[keekeedee]

It definately is.

 

It is in direct response to that letter. Do you think I should now reply to the settle letter bargaining against them?

[slick132]

Hi KKD,

 

You can do that if you wish, but I think you'll be wasting your time.

 

I don't know what makes BC or the DCA's decide to offer a F&F. They only do this rarely.

 

If you want get anywhere with this, you'll have to stop paying and let THEM do the chasing. Hopefully, at some stage, they'll make or accept a F&F settlement.

 

Of course, when you stop paying, they'll call you all the time and put defaults against your credit record.

[keekeedee]

Hi slick I stopped paying them a while ago, I get pestered by Mercers constantly and as of this morning have Resolvecall and Calderfinancial threatening me in letters too.

 

The letter BC sent me offering 75% F&F shows they are willing to play ball I think. I have until 25th to respond to them, I am thinking to respond saying all I can afford to pay is a low amount and see if they settle for that?

[slick132]

But haven't you already offered them 50%, in your last letter.

[keekeedee]

Hi Slick,

No this was a reply to the letter I sent from #11. So you think it'll be worthwhile using the letter in #18?

Thanks

[slick132]

The choice is yours but I'd suggest using the letter at post #18.

 

If you want to offer a lower %, that's your prerogative, although I think going as low as 10% will be a waste of time while BC still own the debt.

 

Personally, I'd suggest you offer no less than 35% if you want to be taken seriously.

 

[keekeedee]

Interesting response. I sent the letter to Barclaycard for my Mastercard offering to pay 30% of the total F&F.

 

I have now received a letter from Calder Financial (who were pestering me via telephone until I told them they had the wrong number then they stopped ) for both my VISA & Mastercard saying that the offer was too low but if I call them they we can maybe sort something.

 

Seems that I am on a winner as they are already looking at settling my VISA even though I never mentioned it.

 

I don't think I'll call, all be in writing. Opinions please. Thanks

[slick132]

Mercers, Calders, etc. often say "Call us now so we can tell you what our great offer is."

 

I think it's just a ruse to have you contact them.

 

Write saying you are happy to negotiate with them but only in writing, so would they kindly confirm what offer they are prepared to make in terms of a F&F Sett't.

 

[keekeedee]

The strange this is, I sent a F&F for my Mastercard, I received a reply for BOTH Mastercard & VISA!!!

 

Do you think this means they are getting worried as they know they are both unenforceable?

 

Originally they had offered F&F of 75% for Mastercard, I have never received anything for Visa.

 

What you think? Thanks

[slick132]

Write back confirming that your offer was in respect the Mastercard only and tell them to confirm in writing what they want to discuss as you will only deal with this in writing.

 

[keekeedee]

I have replied telling them that they sent me standard letters for an account I hadn't even offered a F& F on. Told them the max I could afford is 35%. If they did not accept then it would drag on.

 

I have now had credit solutions on the phone... I am taking it they are part of BC too?

[slick132]

Yep, CSL are another of their debt collection monkeys.

 

[keekeedee]

I've now had a letter back from Calders, simply saying to call them to discuss this matter, do I write back stating I'm only conversing in writing and will not be calling them?

[slick132]

Hi KKD,

 

Just ignore them. You already told them you'll not discuss anything on the phone.

 

They have nothing to say that will benefit you and they have no authority to demand that you do anything.

 

[keekeedee]

I have written back to them telling them that I am offering 35% F&F and to only contact me by phone. That was 3 days ago.

 

This morning I receive a letter from Credit solutions stating.... "OPPORTUNITY TO SAVE £££'s!!!. This letter relates to my VISA card I have with them. Not once have I contacted them in relation to F&F for my VISA! The letter basicaaly says that they have had discussions with their client, ie Barclay card (I know they are part of BC anyway LOL), they are in a position to offer a generous proposal and a discount on my balance. Also their willingness to allow tailored instalments! They say I must call their "Deal Maker" team within 14 days.

 

This is the second time I have been offered a deal for VISA. It's very tempting to call and sort a deal. Shall I write to them stating I accept their generous proposal and will pay 35% of this too?

 

Can this letter be related to me sending F&F for MC, or is it just co-incidence?

[slick132]

Hi KKD,

 

I have written back to them telling them that I am offering 35% F&F and to only contact me by phone. That was 3 days ago.

 

I assume you meant to say, "....and to only contact me in writing."

 

I suspect the deal they want to make, and the offer your want to make, will be very different amounts.

 

My inclination is to ignore such letters but you can, if you wish, write and say you will not call them but can they write to confirm the offers they are proposing.

 

[keekeedee]

OK, BC have now replied to my MC. I requested I pay back 35% maximum saying I could not afford any more. They have replied saying it is not enough and require 75%. What do I do? Reply saying 35% again or maybe try and meet in the middle at 50% with a repayment scheme or ignore or threaten to take to court?

 

I want this finished with forever, I will not manage the 75% repayment.

[slick132]

Hi KKD,

 

I doubt they'll go down to 50% but you could try anyway. Mention that their "credit agreement" is missing the Prescribed Terms and is therefore unenforceable in court. They should therefore agree at 50% or you'll pay no more towards this. If they want to take it to court, you'll defend vigorously because a judge would be unable to find in their favour.

 

Even if they were to accept 50%, they usually want it paid in full over 3 to 6 months. Can you afford to do that.

 

Try negotiating once more if you want but, after that, you may have to ignore them and let them try to take it to court. Defend as best you can and take your chances with the judge on the day.

 

Are you willing to do that.

[keekeedee]

Hi slick, thanks.

 

I have received more letters now, I think this shows how unprepared BC are.

 

I have a letter dated 13th May from debt Managers demanding full payment if not an interest rate of 1% be applied.

 

Then the 75% F&F they offered, dated 14th May (which actually arrived before the letter dated 13th!!)

 

Then one dated 26th May saying Notice of Legal Action, since I have failed to respond to previous letters and if I want to avoid legal action contact them by phone immediately to pay in full.

 

All seems a bit odd??

 

Who are Debt Managers, they part of BC too? I will write a letter today saying 50% on payment plan and see what happens, that good?

 

It all sounds very daunting going to court, if the judge decides against me will I not have more to pay as costs etc? I'm getting concerned now?

[keekeedee]

UPDATE... Just had DM Ltd (Debt Managers) on the telephone. Since I answered it and they said they were trying to respond to my letters then I decided (mayb right or wrong?) to see what they had to say.

 

They told me they could reduce the amount needed to settle the account, they wanted me to tell them over the telephone of my incomings and out goings. They also said they wanted a tocken payment today otherwise my account would get passed to their legal team.

 

I informed they I wanted everything in writing and would only speak to them via that method in the future and asked them to stop calling. I mentioned that the credit agreement was not full and if they took things further to court etc..then the CCA would not stand up. They said if I wrote to them they would get me the CCA.

 

They are resending me their offer of 75% which they said is the best they can offer without my incomings and outgoings etc.

 

What stance do I take?

[slick132]

Letter to DM, maybe, along the following lines.

 

Dear sir or madam,

 

BC a/c no. xxx xxx

 

I refer to our telephone conversation on 1st June.

 

You said I must write in to confirm that I require sight of my properly executed credit agreement, and you will then provide me with this. As I already made a formal CCA Request to BC, I will not be paying a further £1 fee for this. Please now supply the document as required by s.78 CCA 1974.

 

As regards my offer to settle the a/c at a reduced figure, you said you require details of my income and expenditure. Please send me the appropriate forms to complete and I will return them to you.

 

Yours faithfully,

 

[keekeedee]

sent lets see what happens