Started taking on Barclaycard

[hannanshah]

Update

 

My father decided to phone Calder just to see if they would offer a written guarantee of clearing his credit record and marking the debt as completely settled if he chose to pay. Calder's response consisted of the following (in no particular order):

 

-Stating that they weren't dealing with the debt and he should contact Barclaycard direct

-Denying the offer to pay a discounted amount existed

-Stating that the offer did exist but had already expired (not true)

 

I only wish I had heard the conversation for myself! It's a shame for them as we were seriously willing to pay if they would behave reasonably. Now they won't get a penny!

 

We will be sending the following letter to Lewis as they are the ones my father sent the original CCA request to. Please leave your suggestions on any changes needed.

 

Thanks.

 

I wrote to you on 28 May 2010 requesting a copy of the credit agreement for the above account. This was a formal request pursuant to s.77/78 of the Consumer Credit Act 1974.

 

You have failed to comply with my request within the designated statutory period and therefore the debt is unenforceable and the account is now in dispute.

 

I kindly ask you to respond in writing confirming the following:

 

- You confirm that neither you nor any associate company will pursue me for the debt at any point in the future.

- You confirm that you will not sell the debt to another company or debt collection agency.

- You confirm that an entry will be made on my credit file stating that this debt is settled in full.

 

Please respond in writing within 14 days of receipt as I believe this is a reasonable period.

[dx100uk]

sadly thats exactly what they wanted you to do..contact them.

these letters are only designed to do one thing, initiate contact via the phone, then the pressuring starts.

 

dx

[hannanshah]

sadly thats exactly what they wanted you to do..contact them.

these letters are only designed to do one thing, initiate contact via the phone, then the pressuring starts.

 

dx

 

I personally wouldn't have phoned them but it's my father's call. Regardless we're aware of all the tactics so couldn't care less now. Their debt is unenforceable and they know it.

[middenmess]

If Carlsberg ran DCA's there might be a point in sending that letter,but as they don't just send the cag template letter telling them that as they have failed to provide a copy of the agreement within the specified time frame the account is in dispute.

 

Your other demands might be granted by the genie of the lamp but will just amuse the DCA

[Guest Cartaphilus]

Just wondering if this letter might be better, amending where and if necessary as it contains the legal jargon etc.

 

ACCOUNT IN DISPUTE

 

Date:

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial request).

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as 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.

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 not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

 

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

Lewis are perhaps more likely to 'heave to' and do something if you use much stronger worded things like the above ... In other words: go away. There is really no point (I am not being critical here just perhaps realistic having dealt with these people and Lewis in the past) in saying 'confirm' you need to use much stronger worded language which should have them running for the hills knowing they are defeated. Hence the letter above. Don't muck around with these people, otherwise they will just screw with you. Which I am sure you know. Don't let them screw with you, assert right now by letter so there can be no crawling back from them later on.

 

Okay, what I am trying to say to you is this: they don't give you any leeway in their letters - how nasty they are, how they rely on legal jargon and so on and so on; and whilst it could be seen coming, how they are on the telephone today - so you must do the same back. The purpose of the template letter is to do just that. Don't give them an inch to come back on anything or argue about - because they will, all been seen before, you give them any comeback they will take a mile in replying back and letters will fly backwards and forwards it will feel like nothing is being gained and the blitz is back in style, the letter is loaded with all the things they need to take notice of and comply with eg no CCA, so telling them to ... I won't swear but it begins with 'an f and an off'.

Edited July 5, 2010 by Cartaphilus

[hannanshah]

My father made a CCA request for a Barclaycard debt but they have sent him the attached original application form for his credit card. It looks as though the request hasn't been complied with.

 

We wish to settle this matter and are willing to make a percentage payment to clear the debt.

 

I am thinking of writing write back a letter as in this post http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/266261-calder-financial-offer-clear-2.html#post3017541? .

 

What does everyone think is the best way to settle these debts without prolonging the matter too much (my father is dealing with 17 creditors at the moment!)?

barclays.pdf

[Hardupnotfedup]

Loo paper, I think you need to send the account in dispute letter, this lets them know that you know the debt is unenforceable.http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

Once this has been made clear you may then consider your F&F offer, they will be more inclined to accept your offer knowing that you are armed with the knowledge of its unenforceability

[ashmk]

Its an application form and not worth a toss. They know it to, like HUNFU says above you could consider a full and final settlement figure with them. Start real low, dont be scared. Id offer them 1%, well to be honest I wouldnt even offer that but if you want the default removed then start real low.

[dx100uk]

needs moving to the barclaycard forum

hit the red warning triangle and ask for the site team to move it.

 

once there, do some reading of some other threads you'll soon get the idea.

 

i'd also look at reclaiming unlawful charges & p'haps mis-sold PPI?

 

dx

[hannanshah]

Just trying to decide on my response.

 

I was going to send the above account in dispute letter but I have been advised to send a slightly different letter for a similar application form response from RBS here http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/269904-rbs-response-cca-request.html#post3055504.

 

Which letter should I send?

[dx100uk]

that one will do nicely.

then thats it, no more.

 

i would certainly NOT make any offers for a very longtime yet.

 

ideally what you need to do is as each CCA reply [or not] comeback

start a new thread in the named forum for that bank.

 

you should also be looking at unlawful charges & PPI reclaimation.

 

dx

[hannanshah]

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