Urgent Help and advice needed against Booker Management Services!

bezzaboy1978 · 29 July 2008 at 10:49PM

Hi guys, I am new to all of this and some advice would be much appreciated as we have our first baby on the way and really don't need this stress. I had a Barclays loan which defaulted back in 2001 and it has subsequently gone from my credit file. Booker Management Services took over the debt from Barclays and I have always paid my monthly payment on time every month. I took a loan out in Jan and paid them £4000 of my £9000 debt on the premise that I could only afford £60 per month for the for seeable future which was agreed by the lady I spoke to. They have now said I need to pay £100 and when I argued this advising them to listen to the call, they have told me that they dont record calls and if I dont pay they will apply to put a charge on my house?? I really cannot afford this monthly payment. Can they do that on an unsecured loan that is approx 8 yrs old?? A few other things in my favour is I made an offer to Barclays before Booker were on the scene and they refused as it was being sold? I have clearly made an effort to clear this to no avail. PLEASE HELP GUYS!!

RAS · 30 July 2008 at 12:02AM

Hi
Sorry chuck but you are being conned.

If a DCA bought a debt from barclays that old, then they did so for a fraction of the value and your £4000 should have been a full and final settlement, an probably a generous one at that.

We need to understand a bit more about this situation. How long was the period between the default and the transfer of the debt to Booker and did you make any payments to barclays after the default?

Are you aware that if no payment or wriiten acknogledment is made by you for a period of 6 years (E&W, 5 in Scotland), then the debt is statute barred and unenforceable in court?

And have you ever demanded the Consumer credit agreement?

bezzaboy1978 · 30 July 2008 at 2:05AM

Hi Ras, thanks for your quick response. I was afraid someone would say that but when they say they can charge against my house, I panicked. I need to get hold of my records as to be honest I cant remember who i paid. I'm sure I did pay barclays as I have had a few different payment plans set up, then I called Barclays and made an offer but they didnt want to know. So if I really cant afford this £100, what can I do and can they make this charge on my house? Im so so annoyed as I know what they agreed with me when I agreed the £4000 and now they say they dont record calls so no evidence of it. I asked them if I could settle for £4000 and they said no.

Thanks again

boredofbeingathome · 30 July 2008 at 2:10AM

Hi bezzaboy here is a link about CCA agreements

http://forums.moneysavingexpert.com/showthread.html?p=12895239&highlight=cca+agreement#post12895239

It is also sometimes a bit of a nightmare trying to get a full and final settlement over the phone usually better to write, as then you will have records of what is sent..oh a word of advice about CCA agreements always type your sig then they cannot forge an agreement it has been known in the past!

boredofbeingathome · 30 July 2008 at 2:13AM

Useful thread about them

http://forums.moneysavingexpert.com/showthread.html?t=329835&highlight=booker+management

bezzaboy1978 · 30 July 2008 at 2:21AM

thank you so much boredofbeingathome, your adice is much appreciated! vbmenu_register("postmenu_12903579", true);

boredofbeingathome · 30 July 2008 at 2:28AM

Hope it helps..lots more will be along in the morning and i am sure will be able to help you out...

Get a good nights sleep and don't let the swines get you down..take care
BOB X

isgman · 30 July 2008 at 10:27AM

Hi , Look at the link below, the sample letter may help you.
http://www.nationaldebtline.co.uk/england_wales/temp/3267_65481.pdf
Good Luck, Keep your chin up.

bezzaboy1978 · 30 July 2008 at 10:40AM

Hi ISGMAN and many thanks for the link which unfortunately doesnt seem to work anymore? The plot thickens. I have just spoken to BMS and they have advised me that they DON'T actually have a copy of the CCA and they may be able to get a copy. I feel so annoyed I have paid these people well in excess of £4000 and I could have actually got round it. I don't want to shurk my responsibilities as it is my debt but they totally bullied and intimitated me by threatening to charge my house and possibly taking me to court with a possible outcome of having to sell my house to pay them back a measly £4500. I have told them I cannot afford the £100 they told me I had to pay and someone is going to call me back. What should I do next?? Thanks again guys.

boredofbeingathome · 30 July 2008 at 10:47AM

By law they have to have one, and i think it is unenforcable without it..write to them asking for a copy..i am pretty sure that they cannot demand payment without it..Have a read up on the threads..also Fermi would know you could pm him! ( board guide)

mo1_2 · 30 July 2008 at 10:48AM

hi,dont talk to them on the phone,only correspond in writting,then they cant upset or bully you,and dont offer more than you can afford to pay,even a court woudnt make you pay more than you can afford,there just tryin to scare you.

Urgent Help and advice needed against Booker Management Services!

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