Offering a F&F to Barclaycard if no CCA exists

kimdegsidash

I know what you mean MMM. You want to balance morally owing the money with not being able to afford the high charges/interest they slap on each month. As MSE Martin says "Companies try to screw us for profits". I think if we added up all the historic payments we have made to our longest running creditors we would find that we had paid them in total many hundreds (if not thousands) of pounds more than we have actually borrowed/received in goods. I am not trying to wheedle my way out of paying what I owe, in fact Littlewoods is the only creditor I have chosen to request a CCA with, but I am desperate and they are not willing to help.

I am grateful for Aimings's advice and notes above - this shows that in the right circumstances you can reach a resolution. I think I will send the default letter to Littlewoods without offering any f&f settlement and see what happens. Once they are in default, I guess I also need to write requesting the final £200 is written off and my credit file noted accordingly. Do you have a suggested letter Aiming?

The rest of my creditors I will continue to pay as much as I can (only another £20k to go!).

Good luck with your Barclaycard MMM. I think that you should try to get f&F with your credit file wiped. Keep us up to date.

Cashpig74

Hi chaps, I must say, I think the moral issue is now long dead. Look at how these banks treat people when they are just pennies overdrawn - if they have been sloppy with their agreement paperwork, they know the backlash. It's no different from complaining about bad service in a restaurant or gone off milk from Tesco - it's not right and you shouldn't have to pay over the odds for it. Personally, I think you are all far too generous by offering unnecesary f+f's - they are most likely astonished that they are receiving money when even they know they are not warrented it.

They are all insured against these loses and it's no real problem for them - they've already made their money. Look after yourself cos when the tide turns, they'll be the first to kick you out of your house and slap your property up for a quick sale to make a fast buck given the chance.

kimdegsidash

Hi MMM

Well, Littlewoods went into default today (12 + 2 working days) so I'm off to post the letter below. What do you think? I'm certainly encouraged by Aiming's post that mentions Littlewoods just rolling over and playing dead:rotfl: !

[Re: my request under the Consumer Credit Act 1974 - Account now in dispute

I do not acknowledge any debt to your company.

Thank you for your recent letter dated 2 March 2009, the contents of which are noted. I appreciate your quick response to my original letter. However, I believe that the document provided does not fulfil your requirements under the Consumer Credit Act 1974. I do not believe that I ever received a credit agreement to sign.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

My request remains outstanding. An unsigned credit agreement without my details printed onto it, like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. A blank agreement neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

I still require you to send me a true copy of the original credit agreement however I note that you acknowledge that you do not have one for my account. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on 17 March 2009.

As you are now in default of my request, any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account.


Proposed remedy

The balance outstanding on this account according to your records is £202.31. You will be aware that over many years a proportion of the account balance has arisen through the addition of Extra Care Insurance charges, along with default and late payment charges. Total payments made over the lifetime of this account will therefore have more than covered the actual cost of any goods received, rendering the account in profit for yourselves. A substantial payment was made to this account on 27 February 2009, which was provided via a gift from a family member. I wish you to consider this as an ex-gratia payment in full and final settlement of the account.

This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that I will be released from any further liability.

I also request that, if accepted, you will make an entry on a credit reference agency file relating to the above account as "satisfied" in full.

If you accept the offer, please would you provide written agreement and confirmation that my account is marked as “satisfied” with the credit reference agency.

If you do not accept this as full and final settlement, then the account remains in dispute until such time as you can supply a true copy of a properly executed credit agreement.

I look forward to your reply.

How long should I give them to reply - should I amend the letter to allow them 14 days?

How are you getting on with Barclaycard?

Carol_Vordemann

Evening All,

I am in a similar position to MMM and owe to 5 CC companies which I CCA'd in January, 2 of them responded with what weren't deemed to be enforceable agreements (from another forum)

I am ready to start the F&F process now that I have saved 1.2k and have some questions.

How long does the porocess usually take?

How do I phrase the letter so that I do not acknowledge a debt to these people?

Do I need to add "Without Prejudice"

Is there a template for an offer of F&F where no valid CCA exists?

I am terrified that any letter I send will be a hostage to fortune.

Thanks in Advance

GeorgeUK

Carol, if you make an offer, you basically are acknowledging that the debt is owed.

Is it possible that the debt could be statute barred?
There is no templte letter, but on the first page of this thread, there is a letter that you may be able to adapt. Alos here, but doesn't mention the CCA thing.
http://forums.moneysavingexpert.com/showthread.html?t=1200137

Try putting together a letter and posting it up before sending.

Debterinneedofhelp

How do I get a template of the letters?

aimingforadebtfreelife wrote: »

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

Debterinneedofhelp

Has anyone had experience of clearing their MBNA and Virgin Credit Cards?

kimdegsidash

Debterinneedofhelp wrote: »

Has anyone had experience of clearing their MBNA and Virgin Credit Cards?

You might be better posting on here: http://forums.moneysavingexpert.com/showthread.html?t=767025

Sorry can't offer anything useful on your own request, but there's always someone on the CCA thread to give great advice.

treblex33_2

Guys - how do you know if the creditor has a CCA in place or not. is there a template letter to request this info? thanks

iwannabedebtfre

Debterinneedofhelp wrote: »

How do I get a template of the letters?

How did you get on with Barclaycard? I am in the same position as they have not provided me with CCA just a photocopy of the terms and conditions of the account.

Could you send me templates of the letters you have sent

Thanking you in advance

:T:T:T:T:T:T:T