Barclaycard Debt Help/Moorcroft

BlueIsTheColour

Hi, am not sure if anyone can offer any help or advice, fingers crossed, altho am sure this will be therapeutic just writing it down!!

I am currently self negotiating a DMP for myself with my creditors as I do not have over £100 available per month that ND,CCCS etc need, and have been reasonably succesful, most companies I have dealt with have been really helpful, not Barclaycard though. They have been absolutely horrendous, they refused my first offer letter, so I wrote again with the same offer as per the ND website, and they started ringing me from 8am until 9pm, about half a dozen times a day.

So, I finally called them today, spurred on by my successes with Egg and AmEx, only to meet a brick wall. They absolutely refused my offer, which was £28, they wanted £62, I explained that I clearly didnt have the money, and to ay them that would be at the detriment of my other creditors, but they offered no further help. They told me to call CCCS and get them to call them to discuss, which I thought rather bizarre.

Knowing that I was unable to enter a DMP with CCCS I thought I would call for their advice anyway, and they were lovely, telling me I had done everything right, and to keep making my payments as I had offered, as the account will go into default on 22nd July. They did say that they wouldnt ring Barclaycard for the reasons I had already told them.Feeling better, I thought I would try again, but once more met with a brick wall from Barclaycard, saying if I couldnt afford the £62 then it would go to "doorstep collections". I was quite disturbed by this, but am presuming nobody will actually call, but when I asked them exactly what would happen they couldnt tell me? Am fairly sure they also mentioned Moorcroft? Maybe it would be better dealing with them?

I am so confused now, I dont really know what is happening, and I can't believe a company like Barclaycard can be so unhelpful. I am fully aware that I have run the debt up with them, and want to pay it off, unfortunately at the moment, my circumstances mean that I can't.

Rant over, but if there is any advice out there, would love to hear it

Thanks in advance

Jules

Hi there,
I got some wonderful help from 10past6 lately when I was being harassed by phone and generally getting down with my debt. I sent off the following letters and now things are quieter and running a little smoother.

As far as them not accepting reduced payment just keep paying it as the CCCS have said. They should accept it eventually. You could also ask for your CCA and see if that cools them any.

Good luck
Jules

Here's the letters as given by 10past6

As regards threats re doorstep visits, send this:

Your address

Date

Creditor / DCA address

Please be advised that I am only prepared to communicate with XXXXXXXXX in writing. OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; e.g. the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you persist in sending "doorstep callers" to my home, you will be reported for harassment and be liable for damages for a tort of trespass.

You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless.

Should it be necessary, I will obtain an injunction

ONLY INITIAL - NEVER SIGN


As for your creditors contacting you directly, send this letter:


Your Address

DAC / Creditor's Address

Date

Ref A/C xxxxxxxx

On the top of your letter state very clearly in big bold letters “FORMAL COMPLAINT”

Dear Sir / Madam

I refer to the above account, held with yourself's.

I have informed your company on numerous occasions I am experiencing financial difficulties.

I am acting in a responsible manner re my current situation, by seeking the advice from [Enter woever is managing your DMP] of this, which has fallen on deaf ears.

Due to the continued harassment I'm experiencing from your company, I have taken advice from the OFT, I am informed your company is in breach of the following guidelines:

Deceptive and / Or Unfair Methods.

2.8 Examples of unfair practices as follows:

C: Refusing to deal with appointed or authorised appointed third parties, such as, Citizens Advice Bureau, Independent Advice Centres, or Money Advisor's.

Contacting debtors directly and bypassing their appointed representatives.

I have informed your company, that (give the name of the organisation and account number of whose managing your DMP), is my authorised third party appointed representative.

If I do not receive a satisfactory reply to my complaint from your company within 7 working days, from the date of this letter, I reserve the right to refer my complaint to the OFT for adjudication.

ONLY INITIAL - NEVER SIGN

As for recieving telephone calls, send this letter:

Your address

Company Name
Dear Sirs
Harassment by telephone
Account Number: XXXXXXX
I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.
I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)
I now require all further correspondence from your company to be made in writing only.
I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.
If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.
Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)
I request confirmation that my telephone details have beem removed from your databases.

Yours faithfully,

[NAME HERE] ONLY INITIAL, NEVER SIGN THE LETTER!!

Send all letters by RECORDED DELIVERY

BlueIsTheColour

Thanks Jules, thats a great help, I was just reading a few threads about CCA so think that is a good option too, anything has to be worth a try...

CCCS_Matthew

Hi there,

The chances of Barclaycard or Moorecroft actually sending somone out to your door are very slim. Doorstep collectors are an expensive form of debt collection compared to phonecalls or letters. Even if they do, a doorstep collector has no more legal power than the postman. They don't have the ability to levy goods or enter your property.

Often creditors use the threat of a debt collector to scare people into paying up, as the belief with a lot of people is that door collectors are the same as baliffs. My advice would be to request a payment book or set up a standing order for the amount you can afford. Trying to negotiate with your creditors will often make you feel like your going round in circles. Once you are making a payment for what you can afford it's up to them to take it or leave it. If they're not happy then they can pass it on to someone else to deal with, and eventually apply for a CCJ where a fair judgement would be made based on your financial situation.

Incidently, CCCS do not need a minimum of £100 for a DMP - I'm not sure if you have been misinformed there as this isn't the case.

Hope this helps for now,
CCCS

Jules

What have you got to lose? Stick at it and they will hopefully see things your way!

I was surprised at the effect the CCA requests have had on my creditors. I only sent them to those who wouldn't work with me when my circumstances changed and I had to drastically reduce my payments and now they are all accepting my reduced payments. Only another 29 years of payments to go.:eek:

Good luck and keep posting the guys and gals on here are great for advice and support.

Jules

BlueIsTheColour

Thanks Matthew, that does help, I have already set up a standing order to them for the amount offered and started paying, so I guess I will just have to wait...

With regards to a DMP with CCCS, will this affect the agreements already made with existing creditors? Its only really Barclaycard that are being a problem at the moment?

I think I may have got my companies mixed up, it may have been ND who said I needed to have £100 available, sorry.

BlueIsTheColour

Jules wrote: »

What have you got to lose? Stick at it and they will hopefully see things your way!

I was surprised at the effect the CCA requests have had on my creditors. I only sent them to those who wouldn't work with me when my circumstances changed and I had to drastically reduce my payments and now they are all accepting my reduced payments. Only another 29 years of payments to go.:eek:

Good luck and keep posting the guys and gals on here are great for advice and support.

Jules

Exactly, I have written the letter already, in the post tomorrow hopefully if I can get to the post office to get a standing order and send it recorded!

Mine is the same, change of circumstances means I have to offer reduced payments now.

Thanks again, appreciate it!

CCCS_Matthew

Hi again,

A DMP would only be offered if it was considered best advice by one of our counsellors. If it was offered, it may affect your current agreements with your other creditors.

If you wanted to have an appointment you could ring the helpline on 0800 138 1111. Alternatively, you could try Debt Remedy

Hope this helps,
CCCS

BlueIsTheColour

CCCS_Matthew wrote: »

Hi again,

A DMP would only be offered if it was considered best advice by one of our counsellors. If it was offered, it may affect your current agreements with your other creditors.

If you wanted to have an appointment you could ring the helpline on 0800 138 1111. Alternatively, you could try Debt Remedy

Hope this helps,
CCCS

Thanks Matthew, will see what happens with Barclaycard over the next couple of weeks. The lady I spoke to from CCCS today seemed to think I was doing a good job self negotiating so far, so will carry on for now.

Thanks for replying, my dealings with CCCS have always been really helpful and friendly, something that is certainly appreciated at the moment

CCCS_Matthew

No problem, you know where we are if you need any help!

Regards,
CCCS

Deep_In_Debt

Barclaycard were my worst creditor and they did send a doorstep collector. They have about as much right as the paperboy so tell em to bog off if they turn up. I did and I'm female and live on my own. In fact, I left the guy standing on my doorstep for 20 mins in the pouring rain whilst I watched Eastenders. Poor chap!

BC were also one of my creditors who told me to contact CCCS as they would accept my DMP if I went with them...well they didn't. On the plus side, since the doorstep collector they've gone quiet...perhaps that could be cos I've written a whole host of letters as BC were in default of my CCA request at the time the collector was sent.

I wait to see what their next move is!