barclay card say no

judy_1

i wrote to barclay card on 13th march asking for a copy of my contract as set in the posts i also sent the the request for the ccs since then i started getting phone calls from barclay card asking for money i would pay them but as i have now been off sick for over 1 year and it now looks like my employers are going to dismiss me i can not afford to i put all about my illness in the letter and asked barclay card to stop phoning. and sent along with the request a copy of the letter about telephone harrasment.
since then i have recieved a copy of barclay cards terms of conditions but no copy of the contract and a letter saying that they will no cease the telephone harrasment i sent with the original letter a cheque for the £1.oo fee what do i do next the telphone calls are driving me mad if i could pay them i would

husemin

Hi, sorry to hear your bad news, the card people just want a resolution, ok, you cant pay so what next. Thats what they want to know.

How much is owed? why not go bankrupt?

I suppose you cant transfer the money to anothe 0% Card.

Maybe freeze the account for now. Decided what to do and tell them.

H

Tixy

Hi Judy

Right so they have not complied with the CCA request - so in that respect you need to follow the next step in te CCA process - see here - http://forums.moneysavingexpert.com/showthread.html?t=2305463

Up to now (before the CCA request)have you been paying barclaycard anything recently? It is always best to pay at least a token payment each month, even if it is just £1.

With regards to the telephone harrasment - did you send the formal letter from this site? what exactly have they written back?

Dear Sirs,

Account No: XXXXXXXX

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.

I withdraw my consent (under s.10 of the DPA) for you to process my personal data with respect to my personal or work telephone numbers registered with you or stored on your systems/records. The processing and use of these numbers is causing significant distress.

Advice from The Consumer Credit Counselling Service and the Information Commissioner indicates that your retention of contact details in the form of a correspondence address is sufficient to fulfil contractual obligations.

This request supersedes any contractual provision that you may claim exists, and any attempt to claim otherwise will not be accepted or tolerated.

Under the DPA you have 21 days to respond to this request, and 28 days to cease processing and/or remove the data from your systems. Future use of my telephone number will be recorded and will indicate a breach of my request under the DPA, this will result in a complaint being raised with the Information Commissioner.

You will be deemed to have been served notice of my request and I will deem it served by *Enter date 23 days from date of letter*. I am advising you that any calls received after this date will be recorded with the intention of them being used as evidence.

Yours faithfully




Sign digitally

judy_1

i have already sent a copy of this letter and this is what they said
whilst i note your comment i do not agree that our actios are in breach of any guidlines or regulations. therefore you telephone numbers will not be removed and i can not guarantee all further comunications in writting only.
i appreciatee this may be ad difficult time for you and i would encourage you to speak to our advicsors or alternatively you may wish to seek advice from a debt advice service sucha as the consumer credit counselling service or citizens advice. in order to allow time to consider my comments and decide your next course of action i will suspend further telephone contact on you account for a period of 28 days
yours sincerely
steven houghton
customer relationship manager
enc finacial ombudsman service explanatory leaflet
this letter is dated 5th april
please not you have 6 montsh from the date of this letter to refer to the finacial ombusman service fo invesigation you may regard this letter as our final rsponse to your complaint

what do i do next

Tixy

Well if they do start calling again after the 28days then I would go ahead with the threat and raise a complaint with the IO.
They may stop calling you anyway.
Or maybe you'll have moved things along further with the CCA request. Out of interest did they cash your £1cheque?
When did you take out the barclaycard? If you post on Niddys thread (as per the link in post #3) then he should be able to give you a good idea of what will happen next.

judy_1

i took out the barclay card in the 1980 yest they did cash my cheque for £1.00 i have tried my best to pay them when ever i can but am now only on £64.00 per week sick pay and can not afford much each month all of the letters i have sent them have been from this site i have also send out the cca reminder but they have not responded to that yet i sent the reminder letter on april 1st
i am starting to tear my hair out now with this, I understand that i have browwored the money and i would gladly pay them back if i could i have said this in my letters asking them to come to some sort of arrangement with me at least in the short term until i am able to return to work i have also explanined tha i had a stroke a year ago but they have ignored these requests from me

adfax

I had a similar problem with Barclaycard re phonecalls - in fact I think it was their in house collection monkeys.

Initially I did find their phone calls threatening and intimidating. However, once I realised that at the end of the day there was no way that their threats had any legal basis I started to argue back - which for a few weeks (= many many phonecalls!) was quite entertaining. It is amazing the lies they tell on the phone - lies they wouldn't dare to put in writing.

Once I got bored of that I simply didn't answer the phone, or if I did, I wouldn't answer the security questions.

However, in the end my wife was getting so fed up with it all that we got BT to change the phone number - which was an end to it all!

BLT_2

adfax wrote: »

I had a similar problem with Barclaycard re phonecalls - in fact I think it was their in house collection monkeys.

Initially I did find their phone calls threatening and intimidating. However, once I realised that at the end of the day there was no way that their threats had any legal basis I started to argue back - which for a few weeks (= many many phonecalls!) was quite entertaining. It is amazing the lies they tell on the phone - lies they wouldn't dare to put in writing.

Once I got bored of that I simply didn't answer the phone, or if I did, I wouldn't answer the security questions.

However, in the end my wife was getting so fed up with it all that we got BT to change the phone number - which was an end to it all!

Never had a phone call from a collection agency, however when I get phone calls from cold calling salesman I just say 'can you just hang on a minute' then I leave them hangin go and go and make a coffee :rotfl:

judy_1

changeing our phone number seems a little drastic. i have heard there are companies in the market that will deal with this for you a cost of around £400 my be i should send it to one of them any one no a good one please?
the way i feel at the moment i would rather give £400 to a solicitor than to barclay card not that i have got £400.00 that is

many thanks
judy

the_insider

Have you followed their advice and contacted a DMC? Go to https://www.nationaldebtline.co.uk and complete the self help pack, send it in with a £1 per month offer and that should keep them off your back for a while.

PNPSUKNET

companys are not obliged to keep agreements going back that far