Barclaycard Payment Plan Request - even though minimum payments have been made?

Shakin_Steve

Although the OP doesn't seem to be interested in any of this.

Yahoo_Mail

Deleted_User said:

Yahoo_Mail said:

Deleted_User said:

Shakin_Steve said:

MinuteNoodles said:

Shakin_Steve said:

They can't force anyone to pay any more than the contractual minimum payment, so don't be intimidated by that part of the statement.

They can close the account and demand immediate payment of the outstanding balance. It's in the terms and conditions of pretty much every credit card. 

Would you care to post those T&C's? I don't believe they can vary a contract as long as the contractual minimum payment is being made.

Barclaycard

If you or we close your account, we will not move your interest rates in line with the Base Rate. You won’t be able to make any further transactions on your account after you tell us to close your account, and you must repay us your outstanding balances within a reasonable period

See also page 24 allowing them to close the card.

You do realise the card is given as a choice of the lender who can withdraw it if they like, right? They can close the card and demand full repayment without issue.

Page 24 says
"If you or we close your account, the following will apply: • You’ll need to make all payments that are due on your account. We’ll fix the interest rates so they don’t change as a result of the Base Rate changes. • No further payments will be made from your account so you’ll need to cancel any regular payments and make other arrangements to pay. • You will not be able to reopen your account and so you should destroy all cards"

"Making all payments that are due on your account" means you need to keep paying it, as you have been (at least the minimum payment every month).  Not an immediate repayment of the full balance

Again, OP post doesn't mention being required to make immediate repayment. However, it is not unreasonable to interpret

You’ll need to make all payments that are due on your account.

To mean payment of the debt by the due date i.e. by next statement

BarclayCard have said that if she does not contact them they will suspend the card and she may have to pay the whole amount off

You're misinterpreting it to suit your argument.  It's very obvious that it means that they expect repayments to continue as agreed (i.e you can't just stop paying because they've closed your account, or pay less than the minimum repayment). If they wanted the option to force immediate repayment, they'd have made that clear.

For example, the T&C's for their personal accounts make it clear that overdrafts are repayable on demand.
https://www.barclays.co.uk/content/dam/documents/personal/site-hygiene/BAR_9910542_UK 10.18.pdf (p28)

John_

Shakin_Steve said:

MinuteNoodles said:

Shakin_Steve said:

Would you care to post those T&C's? I don't believe they can vary a contract as long as the contractual minimum payment is being made.

The contract won't be being varied, it'll be in the terms and conditions you sign up to.

From my Barclaycard T&C (bold is my highlighting the reasons they are likely to use):

https://www.barclaycard.co.uk/content/dam/barclaycard/documents/personal/existing-customers/terms-and-conditions-barclaycard-core-2019.pdf

We may close your account and require immediate repayment of your total outstanding balance for the reasons below:

• If we reasonably believe that you’ve broken this agreement regularly or seriously

• If you have acted fraudulently

• If the Home Office tells us that you have become a ‘disqualified person’ due to your immigration status

• If you become bankrupt (or enter into a voluntary arrangement with your creditors) or if we believe this is likely to happen

• If you die (in this case, we may ask your estate to make the repayment)

Does that satisfy everyone who said that they don't? I suggest that those who said that they don't go read the terms and conditions of their own cards as I think they'll find that their cards have a similar clause.

If you don't break the terms of the contract, or die, the contract cannot be varied. That's exactly what I said, and exactly what you've just confirmed. Thank you. 

You said that they could not demand immediate repayment, but have just been shown that they can.

Yahoo_Mail

John_ said:

Shakin_Steve said:

MinuteNoodles said:

Shakin_Steve said:

Would you care to post those T&C's? I don't believe they can vary a contract as long as the contractual minimum payment is being made.

The contract won't be being varied, it'll be in the terms and conditions you sign up to.

From my Barclaycard T&C (bold is my highlighting the reasons they are likely to use):

https://www.barclaycard.co.uk/content/dam/barclaycard/documents/personal/existing-customers/terms-and-conditions-barclaycard-core-2019.pdf

We may close your account and require immediate repayment of your total outstanding balance for the reasons below:

• If we reasonably believe that you’ve broken this agreement regularly or seriously

• If you have acted fraudulently

• If the Home Office tells us that you have become a ‘disqualified person’ due to your immigration status

• If you become bankrupt (or enter into a voluntary arrangement with your creditors) or if we believe this is likely to happen

• If you die (in this case, we may ask your estate to make the repayment)

Does that satisfy everyone who said that they don't? I suggest that those who said that they don't go read the terms and conditions of their own cards as I think they'll find that their cards have a similar clause.

If you don't break the terms of the contract, or die, the contract cannot be varied. That's exactly what I said, and exactly what you've just confirmed. Thank you. 

You said that they could not demand immediate repayment, but have just been shown that they can.

This argument has carried on for so long that I think we've lost sight of the context of demanding immediate repayment.

It is in relation to the OP's mum being told that if she did not contact them regarding her persistent debt, they may demand she pay it off in full.  The terms and conditions do not allow for that, and that is what everyone is saying when they say they can't demand immediate repayment.

Shakin_Steve

John_ said:

Shakin_Steve said:

MinuteNoodles said:

Shakin_Steve said:

Would you care to post those T&C's? I don't believe they can vary a contract as long as the contractual minimum payment is being made.

The contract won't be being varied, it'll be in the terms and conditions you sign up to.

From my Barclaycard T&C (bold is my highlighting the reasons they are likely to use):

https://www.barclaycard.co.uk/content/dam/barclaycard/documents/personal/existing-customers/terms-and-conditions-barclaycard-core-2019.pdf

We may close your account and require immediate repayment of your total outstanding balance for the reasons below:

• If we reasonably believe that you’ve broken this agreement regularly or seriously

• If you have acted fraudulently

• If the Home Office tells us that you have become a ‘disqualified person’ due to your immigration status

• If you become bankrupt (or enter into a voluntary arrangement with your creditors) or if we believe this is likely to happen

• If you die (in this case, we may ask your estate to make the repayment)

Does that satisfy everyone who said that they don't? I suggest that those who said that they don't go read the terms and conditions of their own cards as I think they'll find that their cards have a similar clause.

If you don't break the terms of the contract, or die, the contract cannot be varied. That's exactly what I said, and exactly what you've just confirmed. Thank you. 

You said that they could not demand immediate repayment, but have just been shown that they can.

No, I didn't. I said they cannot demand immediate repayment as long as the minimum payment is being made. Unless you can show me different?

Dandytf

Sounds like persistent debt rules, could need plan upto 4 years.
Best to agree sooner rather than later, currently such a plan does not affect your credit rating.

born_again

Shakin_Steve said:

You said that they could not demand immediate repayment, but have just been shown that they can.

No, I didn't. I said they cannot demand immediate repayment as long as the minimum payment is being made. Unless you can show me different?

https://www.barclaycard.co.uk/personal/customer/persistent-debt
For Barclaycards info on persistent debt.

They are using the threat of not contacting them on the matter as a possible breech of contract. How FOS would view it is another matter.

But as far as OP goes, ignoring such letters is never a good idea. They are there to help the customer and stopping accounts is the last thing they want to do.
https://www.fca.org.uk/news/press-releases/fca-tells-credit-card-firms-review-their-approach-persistent-debt-customers

FCA state "Firms must encourage customers to speak with them to discuss potential repayment arrangements." So the letter is a blunt tool to get the customer to act.
Sadly far too many people simply bury their head in the sand and hope they will give up. Not ever likely to happen.

MinuteNoodles

Shakin_Steve said:

MinuteNoodles said:

We may close your account and require immediate repayment of your total outstanding balance for the reasons below:

.....

• If you become bankrupt (or enter into a voluntary arrangement with your creditors) or if we believe this is likely to happen

If you don't break the terms of the contract, or die, the contract cannot be varied. That's exactly what I said, and exactly what you've just confirmed. Thank you. 

They can close it if they believe you may become bankrupt, regardless of the fact you've maintained payments. It seems you chose to ignore that part.

Shakin_Steve

MinuteNoodles said:

Shakin_Steve said:

MinuteNoodles said:

We may close your account and require immediate repayment of your total outstanding balance for the reasons below:

.....

• If you become bankrupt (or enter into a voluntary arrangement with your creditors) or if we believe this is likely to happen

If you don't break the terms of the contract, or die, the contract cannot be varied. That's exactly what I said, and exactly what you've just confirmed. Thank you. 

They can close it if they believe you may become bankrupt, regardless of the fact you've maintained payments. It seems you chose to ignore that part.

A drowning man, clutching at straws. Sad to see.