Offering a F&F to Barclaycard if no CCA exists

mary_mungo_+_midge

Hi again, its now 7 days since Barclaycard signed for my letter, how long do I give them before assuming its a no-go? Would you normally expect an answer to a letter like this or do they just ignore letter's they don't agree with? If they don't want my cash as a f&f I'm inclined to offer it to another creditor! thanks, x

GeorgeUK

Did you state on your letter that this was available for only a limited time or that you would be making offers to your other creditors if they did not accept?

I've no idea how long other waited, but i would give it another week and then assume they're not interested. Even in a busy office a letter should be responded to by then.

kimdegsidash

Hello MMM

Just wondered how yr getting on? Did you send the letter above? Littlewoods have confessed to me that they don't have a CCA for my account at all (catalogue account opened in 1992) and sent me a copy of their current T&Cs instead. After reading up a lot on the letters to send - GeorgeUK you've been great in this regard - I'm considering sending one like yrs above as it's clear, to the point, and has the f&f bit in too. Did you leave out the f&f bit in the end? I think I've made a boo boo. I paid them £1 for two months after notifying them of my financial difficulties in writing. Got no acknowledgement back other than more default letters £12 each time. I then paid £200 last week as MIL lent me the money. Wish I'd kept it back to use as f&f - can I do it retrospectively? For info, my account balance was £400, now £200.

mary_mungo_+_midge

Hi!
Yes I did send the letter but as someone on this thread, I think it was GeorgeUK, pointed out ( sorry am useless at names!) I didn't actually specify a time limit on them accepting the F&F I offered.

Surprise surprise, they haven't answered the letter. So I sent another one recorded delivery on Thursday of this week, basically repeating the previous letter but giving them 14 days to accept the F&F, as I will not be making any more monthly payments due to the lack of CCA.

I too have had dealing with Littlewoods, although it was Littlewoods Extra, is this the same as yours? They also didn't have a CCA, and since the original CCA request in July last year, I haven't paid them a penny and they haven't even asked for payment.

Its never been my intention to not pay my debts, but I CCA'd Littlewoods Direct as they refused to accept my offer of reduced payments, wouldn't send a list of charges etc and were generally very awkward.

So, despite previously being very meek and mild and simply accepting whatever 'big banks' decided to charge me, started fighting back, and have decided to be equally awkward in my dealings with them.

They felt they could add on charges here there and everywhere despite me explaining my financial problems, so I then requested they PROVE how much I actually owed and they couldn't, so good luck. Let me know how you get on x

kimdegsidash

Yeah, I spotted GeorgeUK's reply and amended my saved letter. Now I guess is the time to print and post!

I agree, it is not my intention either to not pay my debts, but in particular with Littlewoods I have been a loyal customer for 17 years, always paid, and this one time I get into trouble they keep piling on the charges and completely ignore my pleas for help. I've had PPi with them for years and they add a % onto my balance each month for this. So my feeling is the last £200 is not really an amount I owe them for goods supplied, IFYWIM.

I think what I'll do is post the default letter first and see how they respond. Then, keep another few pounds back to offer a F&F settlement after, say, 30 days. What do you think?

Photo_Stylus

I had a problem with littlewoods a while back, Setup a weekly amount to pay.

I phoned up on the friday to pay but they said they could not accept my visa electron card. I told them thats the only method i have of paying.
They said they could setup a direct debit for the amount. When i got the next statement through i had been charged for late payment and a fee to setting up the payment plan with the debit card and then another fee for setting a payment plan using direct debit.
Luckily i was phoning them on the 0800 freephone numbers and said i will keep phoning them until they refunded the excess charges, It was not my fault they do not accept visa electron and was not told this when i setup the plan.
Bit like MBNA who would not accept payment with my debitcard which was due the following day,I forgot. Tried to explain that if i did not pay now then it will be late.They would have none of it.

aimingforadebtfreelife

In my opinion don't offer a F&F settlement - no cca=no leg to stand on

Please dont waste your money on them!!!

With no CCA present there is nothing the creditor can do. With the help of this forum and the consumeractiongroup website I have had debts written off.

As a guide recently what I have done:

Equidebt (Co-Op Visa Card £7000 debt) - failed to provide CCA. I stopped monthly payments. Wrote letter 3 months letter stating that as no CCA held they are not allowed to share my details with credit reference agencies as breach of Data Protection Act. They wrote back advising debt would be written off and that credit reference entry (including default) will be completely removed - I have checked Experian and debt doesn't even show up on report now.

Littlewoods - no CCA - sent blank copy of one - advised need true copy of one and should write off debt - they wrote back agreeing to this and removed the default on my credit file and adjusted the credit file to show perfect payment history.

Robinson Way (Abbey Bank Account £1800) - as no CCA needed for bank account I had to work on a settlement to get them off my back - offered £368 (20%) and accepted. As RW bought the debt I knew they would have paid a max 10% value for it so offered 20% so they made a small profit on it.

I currently have a debt to Barclaycard of £7500 with only a signed agreement form which they say is their CCA!!! I have sent 2 DCA's packing stating this aint no proper agreement. I am in process of structuring a letter to them to say they have breached every rule in the book passing out to DCAs whilst in dispute and to write off and remove default. I will not be offering any money to them. I have heard it can be done - may be long winded but dont back down. Sharklycard are famous for no CCAs - dont offer F+F - set them straight. I'm happy to send templates of letters I've sent if anyone wants them.

Good luck..... :T

aimingforadebtfreelife

Sorry forgot to mention... DO NOT, DO NOT phone DCAs or original creditors. They will twist everything you say to pay more. Put any offers for settlement in writing or tell them in a stern way to go forth. That way you have a paper trail which you can use as evidence to pass onto the relevant governing bodies. and dont forget to tell them that!!

indebtneedhelp

hi, could u help. i want to start to see if some of my loans and credit are unlawful. please could u send me the templetes and any advice. thanks

mary_mungo_+_midge

Hi!

I understand the logic in not wasting money on a F&F if no CCA exists, I am just trying to pay off each debt with an amount that I think is fair to both sides.

In the Barclaycard example, I have had the card approx 20 years, they have refunded the charges but refused the PPI, so I offered just under 20% of the balance. If they refuse the F&F proposal then fine, I just won't make any more payments but I'm a bit of a worrier and would like this account properly closed if you see what I mean, rather than worrying that the law may change in the future and I'd have to start paying even without a CCA.

Will let you know if I get any responses at all x