Help please with next actions on a "formal demand for payment" letter sent by Barclaycard

[ritajean]

Hi

I am new to this site although to date my friend who is a member has beenhelping me. Due to circumstances, my friend is no longer able to help so I amnow going alone.

I have an outstanding debt with Barclaycard and i stopped paying lastAugust. I wrote asking for a copy of my agreement in September and received aletter from Barclaycard saying they would answer me shortly.

However to date I have not had a reply, only letters from Mercers and manyphone calls from Barclaycard which i have ignored.

Today, I received a Formal Demand for Payment letter giving me until friday8/2 to pay the dept in full or reach an agreement with them, or else they maypass my account on to a specialist collections company and a localrepresentative may call on me.

I moved in with my mum 2 years ago when my dad died and i really do not wantanyone coming to the house.

Please can you suggest what action I can now take.

I have read that I could request a full history of my account for £10 buti'm not sure if it's too late to stop Barclaycard taking the action threatened.

thank you for reading this and i look forward to any replies

B

[slick132]

Hi Ritajean and welcome to CAG

 

See here about doorstep visits - http://www.consumeractiongroup.co.uk/forum/content.php?441-If-you-do-receive-a-doorstep-visit-we-give-these-suggestions-to-Members

 

Do you think there may be mis-sold PPI on the a/c, or penalty charges for late payments. If so, you can reclaim in both instances.

 

If you don't have the statements for the last 6 years and think there may be reclaimable charges, send an SAR to BC asap.

 

When you asked for the credit agreement, did you send a formal CCA request including the £1 ?

 

[ritajean]

Hi

 

thanks for your quick reply and links

 

I have checked for PPI and it did not apply to this account, sadly. I have had the account since 2000 and there have been late payment charges made over the years, so i'll pursue a claim.

 

I did send the £1 with the CCA request and got a holding letter but no formal reply. I'll send the SAR.

 

thanks for your help.

[Kepler]

If they've issued a formal demand, then am i correct in assuming that you had a default notice sent to you recently?

 

It's usually default notice, formal demand and then a default registered on your credit file if you dont come to an arrangement within the 7 days.

 

Not too sure on doorsteps though and as a newbie here, I thought I'd just mention what i know happens.

 

 

Good luck

[ritajean]

Hi

 

thanks for your reply and comments

 

Yes, I had a default notice a couple of weeks ago.

 

I was waiting on my friend however they were unable to help before the formal demand came today.

[ritajean]

sorry to respond again

 

I had a thought, should I pay them any money as a jesture of goodwill? I've not got a lot, but could pay £5.

[slick132]

Hi Ritajean,

 

Yes, as you think there may be penalty charges, get an SAR off to BC pronto.

 

In this connection, read other threads here concerning reclaiming - you'll learn loads about the process.

 

Would you mind saying approx what balance remains on the a/c, so we know if it's hundreds or thousands

 

Regarding a payment, I would pay nothing for now but write back to whoever sent the formal demand, telling them that BC have failed to produce anything in response to your proper and valid request made under s.78 CCA 1974, which you sent to BC on xxdate.

 

Tell them that, in the absence of a proper response from BC to the CCA request, all collection activity must be halted.

 

[ritajean]

Hi

 

the amount o/s is approx £4K.

 

thanks for you advice about replying to the notice - I'll get that off tomorrow too

Edited February 6, 2013 by slick132
removed exact figure for anonymity reasons

[slick132]

Hi RJ,

 

I've changed your exact figure to an approximate one.

 

We advise Caggers to remember that our forums are open for all to read, including banks, DCA's, solicitors, etc. It's therefore best to keep details less than exact so you remain anonymous to readers.

 

[ritajean]

many thanks - I hadn't realised