A bit of advice needed please

joeandy

I sent my cca letter to barclaycard on 4th march,they sent terms and conditions.
Mercers started calling then so sent them the same request,heard nothing from them.
Calders financial then started calling,sent letters to them and mercers asking them not to contact me until they can provide what i asked for.
My question is do i need to do anything else,letters etc.
I am sure this has been asked before but just need a bit of advice.
Thanks in advance for any help JO

russt2000

when Barclays sent you the T and C'S did you know or get confirmed it did not comply, if you did , have you sent the second letter saying they havent complied and until they do you acknowledge no debt to them... they should not be passing it on to anyone when in dispute but they do, mercers are b/card so they should have passed it to calders either.
So if you have sent the letter ,you can leave if you choose, or write to calders mercers , tell them your account is in dispute go away.
If you havent send that letter to Barclays asap.
russ

joeandy

i dont think what barclaycard sent was enforceable as there was no signiture or interest rates included. do you have the letter i need to send now please
thank you jo

joeandy

had a letter from calders today saying they have no option but to pass my account on to the local rep who may call at my home. a bit worried now.
any ideas what to do next anyone ??????????

russt2000

first thing, while they can send someone round , they have to make an appointment !! now you would refuse that ,so if any so and so turns up , either just ignore them , or just tell them to go , the account is in dispute and you only deal by writing. shut door ,if they get funny call the police and report them.

joeandy

:eek:thanks for that advice
feel a bit better now:eek:

russt2000

hi, they will do and say anything, most of it is hot air, so give yourself a break dont speak on the phone , and they will write in the end.

try this letter for the cca ,aslong as your happy it does nt comply, just adjust and alter it to your circumstances.
Account In Dispute

Dear Sir/Madam

Re: my request under s78 of the Consumer Credit Act 1974.

Thank you for your recent letter sent to me dated **DATE**, the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

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, dated **DATE**. Upon receipt of the original request the specified account legally entered into disputed status.

My request remains outstanding. The supplied documentation does not constitute a true copy of a credit agreement and that which you sent doesn't even contain all the prescribed terms and is not 'properly executed'. The statements sent do not correspond to the amount stated in your earliest correspondence and therefore they do not satisfy the requirement to supply me with a statement of 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.

You had until **12 days DATE** to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is 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. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation. You entered into a default on **12 Days DATE**

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.


I would appreciate your due diligence in this matter.

I look forward to your reply.



Yours faithfully
came out a bit funy ,but copy it into word ,should be ok.

Do you want a stop harrassment letter aswell?.

russ

joeandy

will post that letter later
i would love a stop harrassment letter !!!!!!!!!!:p

russt2000

hi, this was one Iused so it will need a bit of alteration rewording to suit your self.
Mr xxxxxxxxxxxxxxxx
xxxxxxxxxxxxxx
xxxxxxxxx
xxxxxx
xxxxxxxx
xxxxxxxxxx

xxxxxxxxxx
Account Number
xxxxxxxxxxxxxxxxx
Barclays Bank Plc
Head Office
Customer Relations Dept.
1 Churchill Place
London
E14 5HP

Dear Sir/Madam,

I am writing in regards to the above mentioned account, as you are aware I am in arrears with this account and this situation has existed for approximately three years, I do not dispute this fact and have been striving to get myself back on a more secure financial footing throughout this period and have kept you fully informed of my situation from the outset, either through trading standards or Payplan.

However, I am finding the situation, increasingly very stressful as you are subjecting me to a barrage of telephone calls and letters from Barclaycard, Mercers{still Barclaycard}and Calders still Barclaycard}at the same time. Various other companies are also trying to contact me on your behalf including a “Door Step” company called Power to Contact, even though we are in full contact through PAYPLAN and have been ever since they took over from my local Trading Standards office , over two years ago.

Whilst I fully understand you are keen for me to bring my account up to date, I am also aware that you are fully appraised of my current situation by Payplan. They have informed you that I am out of work and on Incapacity Benefit due to me suffering from Severe Clinical Depression.

Therefore your continual telephone calls where your representatives ignore my situation and try to demand either payment in full or large payments which I cannot afford, can be construed as nothing but deliberate intimidation. This is obvious harassment due to your awareness of my current and ongoing financial and physical condition. In fact your behaviour is contributing towards my continuing depression with the extra stress your actions are causing. To help prove this harrassment, I have been keeping a record of your calls and any messages left , silent or otherwise.
Therefore I am officially informing you that from today I will only deal with your company by written correspondence through Payplan and wish all telephone calls to stop immediately.





All future correspondence {for whatever reason} must be made in writing.
I am fully aware that there are both guidelines and laws governing the behaviour of financial companies when it comes to collecting debts and it may be useful for you to study the following LAWS:

Communication act 2003 section 127
Human rights act1990 article 8
Administration of justice act1970 section 40 onwards
Malicious communications act 1988{if put in writing}
Wireless and telegraphy act1949 {misuse}
Protection from harassment act 1997

You are also breaching you own industries guidelines in ALL the following sections:

“acts considered unfair”
“oppressive pressure on debtors”
“deceitful behaviour”

Should you decide to ignore this request and the calls continue, your methods could be considered harassment , and I may have to take , under one of the previously mentioned laws, court action to protect myself. I am sure that you are aware the courts have the power to remove debts and award compensation, where harassment is proven.

So to reiterate I am officially requesting your campaign of telephone harassment stops immediately and all future correspondence {for whatever reason} is in writing.
I trust I have made myself clear in this matter.




Yours faithfully


hope this will do, remember if they have not supplied after this second letter, I have the next one too, a Letter before action.


cheers
russ

joeandy

thanks for your help
if you dont mind me asking,what has been your out-come so far with these
jo

russt2000

both myself and my wife ,have cards, and have been through this with b/card. even though we were in a dmp with payplan.
for the first few months ,it was awful as we did not know about how all these companies operate.
So I started to look around and found out more and more , until you realise they are in the business of scaring ,threatening, I will try to find you a link to a brilliant piece thread , written by an ex dca manger, tells us all about their tactics.

We both cca'd them and after they just sent terms and conditions, we sent these letters and the next one and so far they have stopped everything, they know ,no cca no money. about 5 months now , I wil eventually send them a low final settlement ,to get the default removed , they always put one on even tough they shouldnt.

So stick to your guns , they really have nowhere to go unless they finfd the cca.
If you keep getting letters initially Ihave other templates for dca's aswell.
russ