Power2Contact

[ScabHunter]

Re: Power2Contact

Yes, I've read through that letter and it is good to go. It looks like you've used the same font I always use to digitally “sign” letters to DCAs and associated vermin.

In summary, the most important points are -

1) Doorstep “agents” are employees of commercial organisations and are NOT part of any legal, governmental or authoritative network. It is YOUR choice whether or not you answer the door to them, it is YOUR choice whether or not you engage them in dialogue (not recommended beyond possibly telling them to leave), and YOUR choice whether or not you admit them to your home (definitely not recommended).

2) This is an important one -

It is far cheaper to threaten a doorstep visit than it is to actually make one.

The percentage of threats which are actually carried out is small, simply because fuel and employee time cost money. DCAs only care about one thing – money. They have no respect for the law because it is almost never enforced, they have no respect for the OFT Guidance for the same reason, and they certainly have no respect for the people they attempt to exploit.

What they do respect is their own balance sheet, so if you can make them believe that they will get no return on their expenditure, they are far less likely to try. That letter will be enough to convince them unless they are total idiots (which, to be honest, some of them are).

Whatever happens, you are in control of the situation and the only right they have is the right to dissipate their own resources by wasting fuel and employee time.

SH

[SaltnVinegar]

Re: Power2Contact

My severe chronic depression slowly started not long after my accident at work, that along with the chronic nerve pain was difficult but with the debt spiralling out of control its not helped matters. Barclaycard are aware of my mental state and I have told them that I have GP s letters and Therapy/Mental health letters to prove it.

Hi Alex

This is actually quite significant. How did you make Barclaycard aware of this fact and do you have evidence that they know? (e.g. did you send letters recorded delivery? Have you got any correspondence from BC acknowledging your health issues?).

Creditors are meant to follow very specific procedures once they have been made aware that a debtor could be in a vulnerable condition.

Theres people on the forum who know about this in more detail than I do who can assist on the specifics, however making threats of doorstep visits to a debtor when its been established they have potential mental health issues such as depression is a real no-no.

We'll keep this one in the bag for now as its a potential game changer to put BC back into touch to demonstrate their conduct has been completely unreasonable.

Best
SnV

[SaltnVinegar]

Re: Power2Contact

Thanks mate - will need to add it....

Cheers

I've added tags so will come back for the template next time I do site updates - still working on another of the sites for now...

Thanks

No problem, let me know if you'd like some help putting them together.

[Alex]

Re: Power2Contact

I had numerous conversations over the telephone to Barclaycard (which they state before talking to you) that they are recorded, and made it perfectly clear about my mental issues and physical health problems that led me to being in debt. I also sent them letters for their records stating what I had told them ( I did not send them by recorded delivery) I also got no reply acknowledging the said letters. But none the less this did not stop them from making it as difficult as possible to renegotiate the payback agreement.

Just to make it clear, the telephone calls were so bad that I was in tears over the phone, and I remember saying "please help me I'm scared and I can not see a way out". "I feel like I cannot breath why will you not help me, I'm at the end".

After speaking to them and the debt spiralling out of my hands, I basically and foolishly hid from them and their calls. At that point my mental health suffered even more, I had a lot to deal with and cope with even now. But I do feel some what lifted by making the first step to sorting this issue out, with thanks and my heart to all on this site.

Today at 09:00hrs I sent that letter to Karen Hillyer by recorded delivery 1st class. I will keep you posted on the reply if I get one. I would welcome any more advice from the mental health side/disabled side. I did find out on the Government website, that my benefits are solely for me to live and are not given to me to pay debts off of any kind.

Thank you all

[ScabHunter]

Re: Power2Contact

Well done! You have taken that vital first step. Now, you are on the front foot moving forward, while they are in retreat. It will get easier from this point on.

There are many possible ways forward from here. You can look at the hardship route, or tackling them on the mishandling of the situation as described in Salt 'n' Vinegar's magnificent post above, as well as the UE route.

You write extremely well and are obviously highly intelligent, so you will be too fearsome an opponent for most of these characters, illness or no illness. Do keep us informed of what you decide to do.

All the best,
SH

[SaltnVinegar]

Re: Power2Contact

I had numerous conversations over the telephone to Barclaycard (which they state before talking to you) that they are recorded, and made it perfectly clear about my mental issues and physical health problems that led me to being in debt. I also sent them letters for their records stating what I had told them ( I did not send them by recorded delivery) I also got no reply acknowledging the said letters. But none the less this did not stop them from making it as difficult as possible to renegotiate the payback agreement.

Just to make it clear, the telephone calls were so bad that I was in tears over the phone, and I remember saying "please help me I'm scared and I can not see a way out". "I feel like I cannot breath why will you not help me, I'm at the end".

After speaking to them and the debt spiralling out of my hands, I basically and foolishly hid from them and their calls. At that point my mental health suffered even more, I had a lot to deal with and cope with even now. But I do feel some what lifted by making the first step to sorting this issue out, with thanks and my heart to all on this site.

Today at 09:00hrs I sent that letter to Karen Hillyer by recorded delivery 1st class. I will keep you posted on the reply if I get one. I would welcome any more advice from the mental health side/disabled side. I did find out on the Government website, that my benefits are solely for me to live and are not given to me to pay debts off of any kind.

Thank you all

Hi Alex

So sorry to hear about the way Barclaycard have treated you, its really low even by their sorry standards.

You have lots of support here on this forum, so easier said than done, but try not to worry too much about this, I'm sure we'll get Barclaycard put in their place.

While you wait on a response from the letter you've sent it would probably be good to have a read through the following information, it'll help you understand what your creditors should be doing to assist you, and how they should be corresponding with you in dealing with your debt.

Link 1 - http://www.oft.gov.uk/about-the-oft/...city-guidance/

Link 2 - Debt collection and mental health

Link 3 - DMH Documents

Each of these websites have further links to guidelines and codes of practice which BC will no doubt have breached.

I'd keep these in mind, as, depending on BC's response a formal complaint may be in order.

I think this, alongside a CCA request, should be enough to put BC on the back foot.

The important thing is to not let these companies stress you out, you have lots of help available to you.

Best
SnV

[Alex]

Re: Power2Contact

Thank you very much I will read over the links you have been so kind as to set out for me. So you recommend I send a CCA to Barclaycard or should it be sent to P2C?

Thank you again

[MrsD]

Re: Power2Contact

Whoever is chasing you at the moment

[Alex]

Re: Power2Contact

Ok so that will be P2C, right ill start to do the template tonight to get that underway. I guess I should take the advice of a Sith Lord and "use the anger, feel the darkside flow through you".

[ken100464]

Re: Power2Contact

Good luck.

[sjd67]

Re: Power2Contact

Hi Alex

I am in a very similar situation to you and have had no end of problems with Barclaycard, they really do think they are a law unto themselves. I ended up complaining to the FSA about them and they eventually managed to get them to accept my situation. It took a few goes and repeated letters to the FSA because Barclaycard would say one thing and then do another, stick with it.

good luck

[Alex]

Re: Power2Contact

Dear Members,

On Friday 12.10.2012 I received a letter from a (name here) of Credit Solutions Ltd, the letter reads;

"Dear (name here) ,

I write in reference to your recent letter received on 9th October 2012, which has been passed to me for response.

Credit Solutions Ltd takes any complaint very seriously therefore upon receipt of your dissatisfaction I conducted an internal investigation into this matter.

Please note, as per your request we have removed your contact telephone number from our system, and future correspondence will be via writing. Please ensure that you address all correspondence to the above offices.

Credit Solutions Limited offers a door step collection service whereby field agents visit a property to discuss repayment of an outstanding amount. This is simply another option available to our customers to assist them in repaying their debts. In relation to field visits in subsection 2. 12 of Office of Fair Tradings' guidelines doorstep visits must give adequate notice of the time and date of visit.

2. 12g: not giving adequate notice of time and date of a visit
When a door-to-door debt collector makes an initial home visit to a debtor it may not always be possible for them to give adequate notice of the time and date of that visit. This is not necessarily unfair.
The key word adequate. This was inserted to ensure that what the debtor regarded as adequate was key. What is adequate will vary from debtor to debtor. When initial contact is made a debtor may be happy to speak to the debt collector there and then. If that is the case the visit would not be unfair. Where a debtor prefers to use that first visit to agree to a future visit at a more convenient time a debt collector should respect their wishes. A debtor may prefer to do so at a later date so they can seek advice about their situation or arrange for a third party to be there. What is important is that a debtor is given enough time to prepare. They should never be coerced into immediate discussions.

If you would like free, confidential and impartial debt advice you can also contact one of the following not-for-profit organisations below.

(They list Citizens Advice Bureau, National Debtline and Consumer Credit Counselling Service)

Please note that should you wish to escalate your complaint I have enclosed a copy of our complaints procedure which explains our company's complaint escalation process should you not be satisfied with our initial response. I have also enclosed a Financial Ombudsman Service Leaflet for your reference.

If you have any further queries with regards to the content of this letter please do not hesitate to contact me directly.

Yours sincerely,

(name here)
Complaints Officer"

What should my response be with regards to this new letter? I think that P2C and Credit Solutions Ltd are the same company, are they not?

Thank you.

[PlanB]

Re: Power2Contact

Alex. You've left your personal name/details on that letter

[Never-In-Doubt]

Re: Power2Contact

Alex. You've left your personal name/details on that letter

updated and personal info removed...

Thanks

[Never-In-Doubt]

Re: Power2Contact

Dear Members,

On Friday 12.10.2012 I received a letter from a (name here) of Credit Solutions Ltd, the letter reads;

What should my response be with regards to this new letter? I think that P2C and Credit Solutions Ltd are the same company, are they not?

Thank you.

I would write back and literally say

"I am happy to communicate in writing but be warned, do not send any DCA to my front door or not only will they regret calling but you will also feel the full force of the law as I repeat my demand that you do not send anyone as I have absolutely no intention of discussing anything with anyone at my home address..."

And leave it at that!