Massive debts

gargrave50

Never got around to tackling Barclaycard - maybe one for another day?:o

I have an AA Visa which is in arrears since August 2009, and I've written a very polite letter to them today offering to make an arrangement to bring the account up to date.

Here is the letter below - perhaps a little cheeky? - but worth asking?:D

AA Credit Card
Retail Bank Collections
PO Box 607
Trinity Road
Halifax
HX1 2RG

Dear Sirs,

Account Number 4560 XXXXXXXXXXXXX

It is with regret that I find the above account in arrears in excess of £400. It is my intention to bring this account up to date, however I am unable to provide this as a lump sum payment. It is my intention to set up a regular standing order of £10.00 per week to pay the current monthly payment, and make additional payments of between £50 and £100 each month to clear the existing arrears.

The arrears arose as a result of unemployment, and I am pleased to say that I have now secured a full-time permanent position. However, as a result these arrears have been compounded by barrage of interest and charges. Clearly this currently puts my balance in excess of my agreed credit limit which is not the result of purchases. As I am keen to resolve the issues on this account, I would be grateful if you would consider removing the interest and charges accrued to this account from my current balance since my difficulties arose in August 2009.

If you were able to make this good-will gesture, it would enable me to return the account to normal standing (within a much reduced timescale), and would demonstrate your commitment to treating customers fairly.

I look forward to your written response, and trust you will appreciate my commitment to resolving any issues relating to the above account.

gargrave50

Ok so straight off nightshift - one more to go and then I fly home tomorrow morning :j. Maybe not the best time to tackle Barclaycard as I'm brain-dead after a long and busy 12 hours, but as I can't be bothered taking my printer home so best do it now:o.

Here goes nothing:p. I'll post the photobucket link with the letter from Barclaycard dated 30th December giving me 6 months to refer to FOS.

Then I'll copy what I send to them eventually. They have referred to Calders and also Debt Managers Ltd, so will be sending them the appropriate letters telling them to !!!! off and refer back to Bankercard.

gargrave50

Barclaycard's muppet letter to us 30th December 2009 - yes I took my time responding but it will be worth the wait - trust me!!!

http://s740.photobucket.com/albums/xx46/gargrave50/barclaycard%20final%20response/

gargrave50

Here goes nothing...........

to Barclaycard

Dear Sirs,

ACCOUNT IN DISPUTE - Account Number 5301 XXXXXXXXXXX
I refer to your letter of 30th December 2009, and apologise for my delay in formulating an appropriate response. The matter has now been referred to the Financial Ombudsman for investigation.

As you have inferred that the above mentioned letter is your final response, I felt it appropriate and important to point out the large inaccuracies in your correspondence, which demonstrate that you have not in fact actually read my correspondence. This matter is now long standing and frustrates me daily, at having to continually write to you highlighting your areas of incompetency, and lack of appropriate skills in dealing with what was initially an uncomplicated request.

I would like to address each point in your correspondence individually.

Your introductory paragraph infers that it is appropriate that you investigate the matter as Customer Relationship Manager – what kind of relationship are you meant to be managing when each of my letters is responded to by a different “Customer Relationship Manager”. Customer relations at Barclaycard must be at an all time low when not one person will take ownership of my complaint and see the matter through to its appropriate conclusion. This is disappointing and demonstrates poor customer commitment.

Your second paragraph infers that the “crux of my complaint appears to be” that I do not consider the credit agreement to be enforceable. I would like to correct you by stating that you have never sent me said Consumer Credit Agreement (a true copy), which is why the account remains in dispute, as my original request has never been satisfied. The remainder of the same paragraph therefore is irrelevant. The third paragraph goes on to address the normal operation of accounts in accordance with terms. Again these “terms” are likely to be encompassed as part of a Consumer Credit Agreement – provide me with a true copy of such alleged agreement and I will abide by its terms!!!!!!!!!!

The fourth paragraph clarifies my exact point – Barclaycard’s legal requirement under section 78 of the Consumer Credit Act is to provide me with a (true) copy of my executed agreement along with a statement of my account. You state that this information was provided to me on 17th August 2009. This is incorrect. Around this date I received a blank piece of paper with old terms and conditions printed bearing no reference to myself. Therefore (in your own words) you have NOT fulfilled your legal obligation under section 78.

The remainder of the letter refers to the alleged account being overdue for payment. You will be aware that the account remains in dispute until my request under the Consumer Credit Act is satisfactorily fulfilled. You mention that Barclaycard has the right to instruct a third party to act of their behalf, however this clearly involves sharing of my personal information. You have been unable to provide a copy of any documentation which (when signed by me) gives my permission to my information being shared. This is a separate complaint which will be pursued regarding my rights under the Data Protection Act, and you will receive formal correspondence regarding this matter alone, under separate cover.

You may find that Barclaycard are not in breach of the data protection act, and allege that I have signed to agree to this, but have been unable to provide a copy of alleged document which details this information. The remainder of your letter is again inaccurate and irrelevant mentioning terms and conditions to which I have not signed, and therefore am not bound by.

In relation to the telephone calls and letters, you do not find Barclaycard to be in breach of any legislation or guidelines. Despite your standing, I have previously pointed out in every letter (and there are many), that you are clearly contravening the Office of Fair Trading Guidelines on Debt Collection, by continuing collection activity, adding further interest and charges whilst an account is in dispute. If you were previously unaware of such guidelines, I suggest you contact the Office of Fair Trading and request a copy.

These points and the lack of appropriate action to fulfil my request under the Consumer Credit Act, form the basis of my complaint to the Financial Ombudsman. I await correspondence from them directly in light of this pending matter, and I am disappointed that Barclaycard have been unable to resolve this matter at first contact.

Yours faithfully,

gargrave50

Oh well

Off to bed, a good days (and nights) work done

gargrave50

Maybe Barclaycard thought they had heard the last of me?

gargrave50

Just completed the FOS complaint form and posted it along with a the remains of a thousand trees. Wish me luck everyone, I'm fighting with the big boys here:o.

Right, really I am off to bed now. Nightshift AGAIN tonight and then fly home tomorrow morning (feeling better in the knowledge that I'm back taking ownership of my debt busting again):j

Tixy

Good luck with it Gar - I particularly liked

If you were previously unaware of such guidelines, I suggest you contact the Office of Fair Trading and request a copy.
:rotfl:
Have a good day (night?!)

gargrave50

Gee thanks Tixy, that was personally one of my favourite lines also

gargrave50

I'm here in London and my hubby is at home getting very stressed by all the demanding letters arriving. I've tried to reassure him but I don't think he believes me. Plan to sit down with him Sunday night when I'm home and show him some of the success stories on this site. For God's sake - we are one of them - £4k of catalogue debt written off with no bad credit reference documented!!!!!!!! All because I fought the CCA;)