Problem with debt collector

Kathy220559

Thank you so much for that. I am a little worried now though that they may claim never to have received the letter.

Also, if Barclaycard have passed the debt onto them, will they not have also passed on the CCA

moonlightpjs

Did you send your letter by recorded delivery, if so you should be able to track it and see if anybody has signed for it on the Royal Mail Website, if not, you may be as well sending another CCA (by rec delivery) then they can't turn round and say they haven't got it.

Re Barclaycard - it depends really - if the have sold the debt on then they should have sent the original CCA to the DCA - if the DCA is only acting on behalf of Barclaycard then when you request the CCA the DCA should then get in touch with BC to send it to them. The DCA may then write and say "we have requested the CCA from Barclaycard, please allow 28 days etc" - do not take any notice of this, stick to your timescale as mentioned above.

The DCA also need to supply you with a Deed of Assignment (you will have requested this with your CCA) meaning that they have the legal rights to collect.

If they do happen to produce a CCA then you need to check if it is an application form or indeed a CCA. Did you fill in your details on a form and send it to BC (meaning applying for the card) and then BC send you a card or did BC send you a form to sign if you applied over the phone/online? If its the first the debt is not enforceable, if the second the come back on here and we will be able to advise if it is a true CCA.

Kathy220559

Thanks weller771

You have been a great help to me...I will send another letter tomorrow rec del. I am annoyed now that I didn't do that the first time around...still you live and learn I guess.

No doubt I will be back

Thanks again

moonlightpjs

You're more than welcome Kathy - and don't worry, the majority of us are still learning :rolleyes: Let us know how you get on, will keep a lookout for your posts.

Kathy220559

Thank you so much...its just really comforting to know you have support. Before gathering up the courage, (after lurking for months) to actually post I felt really alone. Now I know there are so many people out there willing to help I recommend it to everyone I know. Thanks everyone!!!

As someone once said to me
'If you don't know your rights - you haven't got any!!'

my_two_cents

I also owe Barclays around £2000 in student overdraft fees plus around £700 credit card debt. I accrued this debt in 2002, and have not made any contact whatsoever with the bank (I know it's wrong to ignore debts, i intend to start sorting it out soon). I received a letter from them two months ago to tell me they did a search which still confirmed I was still at the address...

The point I am trying to raise is that your debt is a non-priority debt and you are on benefit so you should revert back to the original repayment of £1 per month.

If they call you again to send proof of benefits,

1)either tell them to send you a financial statement plan for you to state your incoming and outgoings
or
2)ask them if it is okay to record the conversation
or
3)tell them you would report them to the Trading Standard if they contact you more than once a week
or
4)tell them they should put the request in writing.

As long as you keep on sending them the £1 monthly repayment, they would not have a leg to stand on, to instigate expensive bankruptcy proceedings against you due to the debt being over £750.

Kathy220559

Well I sent off another letter today recorded delivery to request my CCA. Can you tell me why the timescale is 12 + 2 + 30.

Not disputing it or anything, just curious where the 30 days comes from when the letter gives them 14 days.