Hi I wondered if you could help. I've been havin loads of problems with Barclaycard. I complained to the FOS about Barclaycard and got a reply yesterday saying they had written to them about my complaint but this morning i received a letter from Calder Financial saying I had to pay so much in the the next 7days. Its usually Mercer's who write to me Ive not heard of this company.

Should I write to this company and tell them about the letter I received from the FOS? This has been going on for about 9months with Barclaycard if they had my CCA why not just show it to me!!!

Thanks

Hi Kay84,

Send them a copy of the FOS letter and state that the current debt is in dispute and FOS are dealing with your complaint. Explain that no payment will be made until FOS complete there complaint process and advise you of there outcome. They should back off but theres not guarantee, they send these on the hope that you will pay keep all letters for records..

If you keep a record of when/how they are contacting you, as this may come in handy later especially if you go down the route of harrassement.

My compliant is also with the FOS and MBNA and there debt collection agencies have backed off, but I still get the odd letter demanding payment even though I have informed them several times that the FOS are dealing with this dispute.

I think I might be one step behind you in all this. I was being targeted by Mercers but as soon as it went to FOS they passed it back to Barclays. So far no news except that they said they would send my agreement within 14 days(yet another set of t&c ?) but they could legally continue to pursue the debt while the account was in dispute.So I sent this letter.

address

date

Barclaycard

Customer Relationship Unit,

P.O Box 5402

Northampton

NN4 1ZR

Your reference:

account no

Dear ,

Thank you for your letter dated xxxxx2009. The contents have been noted and a copy sent to the Financial Ombudsman Service.

To recap- as copies of properly executed, enforceable, signed credit agreements on these accounts have not been made available; I am asking the Financial Ombudsman Service to consider the appropriacy and legality of default charges and entries on my credit file. Also I am asking for interest from xxxxx2009 to be refunded, interest from this time to be frozen and reduced payments to be accepted whilst the capital is repaid.

As you have conceded that the accounts are in dispute, you may like to consider the content of Section 78(6) of The Consumer Credit Act.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.
Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.
Furthermore I shall counter-claim that any such action constitutes unlawful harassment.
Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.
Yours sincerely,

xxxxxx

I've sent stuff like this before and I think they must recyle it into a rainforest or something, but I feel like I'm playing them at their own game-instead of trying to find an argue they will acknowledge, keep churning out the same stuff.

I don't know what the response will be yet.

I don't think that Calder could do more than Mercers as Mercers share the same data as BC.Just trying to wear you down with the old drip-drip, scary tactics and stone walling.

I believe that they would need a court order to send bailiffs in and how are they going to get that?, so what can these debt collectors achieve that Mercers obviously couldn't.

As well as sending them the letter saying FOS are looking into it you could try this one that came off another thread on this site(it might need adjusting but you get the gist.

Dear Sir or Madam,

Account Ref xxxx

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384
. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully,

I would also copy their letter and send it to FOS and tell BC and Calder that is what you have done.I try to make my letters very robotic as if I am following a procedure(like them).

oops just realised I repeated myself in the last 2 sentences of the post-sorry

Hi,

I'm pretty sure that Calders are another division of BC. Like Mercers, just a different person sitting at a different desk.

S

Hi I had a post going on here for ages about Barclaycard and I got some great advice and followed it all. It ended up with me writing to the financial ombudsman service to complain about Barclaycard as they never sent me my CCA i asked for last year.

I have heard back from they financial ombudsman they said they have contacted Barclaycard but i didnt here back from either of them, then last week i received another letter from the financial ombudsman saying they has contacted Barclaycard again on this matter.

I have not heard from Barclaycard at all they just keep passing my account onto other people first it was Mercers, then Calder financial now its RMA. When I woke up this morning there was a slip of paper through my door from RMA saying I confirm I will be contacting you they must be knocking again wanting the full ammount. But i still have an outstanding complaint with Barclaycard and waiting to here back from the financial ombudsman.

I definately dont have any money to give them anyway, my hours have been cut at work only 4hours a week and my partner has been laid off.

Any advice on what I should do would be great.

Thanks

Write to RMA:

Ref Account xxxxxxxxx

I have constantly requested proof of any alleged debt in the form of a valid signed and executed credit agreement be sent to myself relating to the above alleged credit account. As you are aware this is my legal entitlement under the Consumer Credit Act 1974 and also the pre-action protocol procedures and is a perfectly reasonable and legitimate request.

So far no document to substantiate your allegation of this debt has ever been produced. Obviously you would be required to produce a legible and compliant document to a court were you to seek legal enforcement of any kind.

In the meantime I am not obliged to make any further payments to you or your client until you provide me with a copy of a properly executed contract.

Please note also, should it be your or your representatives intention to arrange a “doorstep call”, please be advised that under Office of Fair Trading rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with either you or your agencies.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission.

Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property, and if you do so you will be guilty of a tort of trespass and action may be taken, including but not limited to, police attendance.

Kay84:

I have heard back from they financial ombudsman they said they have contacted Barclaycard but i didnt here back from either of them, then last week i received another letter from the financial ombudsman saying they has contacted Barclaycard again on this matter.

Thanks

You should also include a sentence when sending Basa's letter stating that this matter is in the hands of the FOS, who have contacted Barclays.

Write to the FOS to update them on this matter, including copies of anything you have received from the DCA's.

Huckster

huckster:

Write to the FOS to update them on this matter, including copies of anything you have received from the DCA's.

Huckster

I bet the likes of FOS and ICO love these forums !! LOL

Thanks everyone I will send this letter first class recorded tomorrow.

Thanks again x

Hiya I sent the letter last thursday the 26th Aug by 1st class recorded but this morning i recieved a letter dated the 25/08/2009 from RMA, it says:

Despite all previous communication ( the one letter they sent!) the above outstanding debt which you owe to our client barclaycard remains unpaid.

Under the terms and conditions of the contract you have signed ( which i have never seen!) the full balance is seriously overdue.

Unless we agree suitable repayment terms with you, we will have no hesitation in referring this debt back to barclaycard. We will recommend that immediate enforcement action is taken against you in order to recover the balance in full plus interest and costs, by whatever means they consider appropriate.

In order that the appropriate pre-litigation report may be prepared, you are required to provide in writing- The full name and address of your employer together with your annual salary. Your residential address upon which the court summons may be served. Details of any assests that you own together with the confirmation taht they are unencumbered.

This is your final oppertunity to resolve this matter voluntarily.

Failure to do so may lead to the commencement of legal proceedings that could well necessitate the appointment of baliffs against you, which will be recorded on your credit report for 6 years.

Im not sure what most of that means, but are they allowed to send bailiffs round when i have the FOS involved? Also can bailiffs just come in and take my stuff? All i want to see is my signed agreement other creditors have shown me straight away and i pay them, I dont know what to do now!

OK No need to worry, this is the usual cleverly worded threat letter that has absolutely no teeth (or gums)!

You are NOT required to provide any of the personal information they ask for, in fact I suspect such a letter may contravene OFT guidelines.

Note they say they will refer it back to Barclaycard - oooh are we worried? Note also the 'mays' and 'coulds'.

No they CANNOT send bailiffs to take anything - at all, nor are they permitted to send ANYONE to your home without an appointment.

Write back to explain you have no valid credit agreement for this account and do not acknowledge the debt. Until such time as a copy of a valid executed credit agreement for the account is sent to you you are not liable for any repayments.

Advise them (RMA) to refer the account back to BC as you will not answer any further correspondence from them (RMA).

PS: RMA are pussycats without the claws or teeth!!

I contacted the FOS and this is what he bloke emailed back:

Dear Miss Moss Thank you for your email of 2 September 2009. You originally requested a copy of your credit agreement under Section 78 of the Consumer Credit Act in your letter of 27 October 2008. I understand that Barclaycard have provided you with a copy of the credit agreement albeit not your original signed copy, however as the terms of the agreement have varied they are not obliged to provide you with historic agremeents or signed agreements. In your letter to Barclaycard of 18 March 2009 you state that your request is made pursuant to the Civil Procedure Rules. The Financial Ombudsman Service cannot enforce Civil Procedures Rules as these relate to court matters and do not fall under the remit of the Service. Please call me on the number below to discuss your complaint in further detail. Yours sincerely

Ben Brown

So what does this mean? Do i just have to pay it now?

Thanks

Its worth bearing in mind that the only bailiffs that can enter your home and take goods are court appointed bailiffs.

There is a sequence to all this.

1 Issue summons

2 Hearing

3 WIN (this is the crucial bit)

4 Serve judgement

5 Enforce - various options here.

The critical part in this is the winning bit. In court, the creditor would need to present the agreement (the Original, executed, properly formatted agreement) If they can't do this, then winning is just a dream. They may posture but unless they can produce said agreement then they will have no hope of a court win so will baulk at the last hurdle.

As far as pass it back to BC, as Basa suggests, you should go and hide in the corner now. BC had the matter in the first place and couldn't do anything with it, how will that change if it is passed back.

The likely outcome is either more worthless threats or the debt being passed/ sold to another DCA, who will, if anything, have less chance of collection than the OC.

The fussing and flapping should be a calming influence. If they could enforce, they would have done so by now.

Keep the letters though, as they could form the evidence of harassment that would be part of a counterclaim, should they try court. AND, even if they do, this should not be fretted over, typically, they will back off if you defend.

S

Kay84:So what does this mean? Do i just have to pay it now?

I think the FOS have just stated the facts. Barclaycard don't have to provide you with the original or signed agreement under S.78. They need only send you a copy of the agreement that would have applied.

If you mention CPR rules, the FOS will just withdraw very quickly. They will not get involved in any process for which the courts have rules for.

In regard to your current position you should wait to see if you receive a reply from your letter of 26th of August.

For CCA's entered into prior to 6/4/07 my understanding is that to enforce the debt in the courts, they would need to provide the court with your original signed agreement. Or rely on you not defending the court action and therefore obtaining a CCJ by default. No doubt basa or one of the other experts will clarify/correct this, if I am wrong.

The other alternative if you are getting abit weary with all of this, is to see Citizens Advice and perhaps get some advice about negotiating a reduced settlement of the debt with Barclaycard.

Huckster