Clairebear's UE Diary

[Clairebear]

Hi all,


Here’s my little UE diary. I’m only just starting out as i've felt quite ashamed of my situation for a while and unable to deal with it but i feel better already now i've got the ball rolling, I couldn’t take any more sleepless nights. I’ve tried to deal with it myself up to a point but it’s all getting a bit too much and I’m in need some proper help and advice. I can’t tell you how overjoyed I am to have found this haven!



To fill you in a bit I’ve had various health problems, depression, stress etc which seriously impacted on my work and employment seeing my wages dramatically drop. Since then it’s been a steep downward spiral, getting into new debt to pay off old ones until I couldn’t really pay anyone! I have three debts in total. I have spoken to the CCCS about my CapitalOne credit card (acc opened June 2010) and my Nationwide overdraft. Because of the poor financial situation I'm in at the moment they advised me to pay them each £1 pm, which is fine by me as that’s all I can afford! The only other debt I have (and it’s also the biggest), which I haven’t passed to the CCCS is this one…….

[Clairebear]

Re: Clairebear's UE Diary



BARCLAYCARD

• Credit Card Opened in 1998

• Credit Limit £2,500 - Present Balance with charges £3,066.38

• Last Full Payment Dec 10 Then Part Payments up to March 11

• Presently Not Paying Anything

• In Arrears

• Barclay's Advised Calders Is Dealing But Have Had Mercers Chasing Also

26/5/11 – Letter received from BC regarding overdue account and withdrawing the use of the card. Also says they will have to instruct Mercers to issue a default notice.
19/7/11 – Doorstep visit from Resolvecall. Refused to speak to them and sent off a ‘Doorstep Visit’ template letter, also advising all communication should be in writing (Received by them 22/7)
19/7/11 – Sent letter to BC advising I am seeking advice on my financial difficulties and could they hold the interest/charges for 28 days (Received by them 21/7)
3/8/11 – BC statement received showing charges still being applied.
5/8/11 – Letter received from Mercers. 48 hours notice to pay the outstanding balance and stop them sending the account to a local debt collection firm.
16/8/11 – Letter from BC thanking me for taking the time to contact them regarding the level of serviced I’ve received and that they are dealing with my complaint (I’ve only sent the above letter, not a complaint)
3/9/11 – BC statement received showing charges still being applied.
7/9/11 – Letter received from BC advising me they are still dealing with my complaint and they will contact me again by the 5/10
9/9/11 – BC 'final response' letter sent. They have acknowledged my request not to be visited and to also receive everything in writing. They say sorry if I’ve found there contact efforts inappropriate in anyway but they cannot guarantee they will not appoint another local agent to call at my address. They suggest sending in my monthly income and expenditure to try and set up a repayment plan. They also advise at present my account is being dealt with by Calders
19/9/11 – Calders letter received asking for a payment of £340.23 within 7 days.
29/9/11 – Sent Calders a CCA request (Received by them 4/10)
14/10/11 – Received letter from BC stating they have enclosed a reconstituted copy of my agreement and that the T&C’s have been or will be sent shortly. At the end of the letter they go on to give a statement of my account (current credit limit, current balance and the amount and date of the next payment that is due) The only thing they have enclosed is a copy of the Barclaycard conditions from 1998 and another set of conditions (half upside-down!!) which say at the bottom that this is a copy of my agreement.
14/10/11 – Came online and found you guys - yeahhhh! Advised to wait for Niddy and not to reply to Calders just yet.
19/10/11 - Mercers called advising now BC have sent my CCA when was i going to pay etc. I advised i hadn't received my CCA as yet and was then asked to explain to him what a CCA was as he'd apparently never heard of one?! (i was rightly reminded by evenlessdopey NOT to talk to them in future)
20/10/11 - BC letter received enclosing more BC T&C's. No date on them that i can see but i think these must be the current ones.
21/10/11 - Niddys back & it is UE!! I'll ignore for now and await there next love letter
4/11/11 - Letter received from BC. It's a 'Formal Demand for Payment', advising me i haven't complied with there DN (news to me) and i should pay immediately, they're also registering a Formal Demand with the CRA. They then go on to say if i don't pay by 8th Nov I'll possibly get a DCA door step visit or legal action against me.
4/11/11 - Advised to carry on ignoring for now.
16/11/11 - Received letter from B/C advising the account has now been passed to Credit Solutions
21/11/11 - Credit Solutions letter received. Stating again about the mysterious default i apparently haven't complied with and payment is now due in full
25/11/11 - Niddy advises to ignore and see what they send next
30/11/11 & 1/12/11 - CSL making calls to my Mother asking for me and my new details. She's told them both times i don't live there and she has no details for me so stop calling! (Third call at 7.45pm - Asking for me to call them back - Call was ignored this time)
10/01/12 - CSL called. Gave them my dedicated Niddy number and asked them to call that in future.
11/01/12 - CSL have started calling my Mother again. Asking her to provide them with my info or to pass on a message to me. She declined both and told them again to take her number off there system and stop calling.
15/01/12 - Complaint sent off to FOS regarding the above harassing phone calls.
18/01/12 - Offer Of Settlement letter received from CSL. States if i pay a lump sum by 30/01 i will only have to pay £1,237 instead of £3094, otherwise the full amount becomes due again. (Will ignore for now)
28/02/12 - Received reply from FOS advising they are looking into my complaint and will get back to me within 6 weeks
03/03/12 - Letter from B/C advising they are passing the debt onto Moorcroft & to call them urgently (Have ignored)
05/03/12 - 'Intended Litigation' letter sent from Moorcroft. They advise i have 7 days to pay in full to stop legal proceedings.
06/03/12 - Niddy advised to send them the 'Threat-O-Gram' letter - Shall send it off to them recorded delivery tomorrow
06/03/12 - Reply received form FOS advising me again they cant deal with the CSL complaint
14/03/12 - Reply received from Moorcroft asking for my for £1 fee if i want my CCA !!! (Replied advising i have already sent my request to B/C and i am still waiting!!!)
20/03/12 - Reply from Moorcroft stating that they have acknowledged my letter and the account is now on hold while they investigate the matter
17/05/12 - Letter from Moorcroft advising of possible litigation if i do not contact them.
28/05/12 - Sent 'Threat by Creditor - To Commence Litigation Letter' to Moorcroft
06/06/12 - Letter received from Moorcroft offering monthly payments option (ignored)
15/06/12 - Letter from Moorcroft, responding to my 'Threat By Creditor' letter. The account is now on hold until they investigate.
16/07/12 - Response from Moorcroft confirming again B/C has fully complied with my CCA request.
18/07/12 - Sent 'Final Response - Unenforceable CCA Received' template letter to Moorcroft
29/07/12 - Letter received from Moorcroft advising the documents that were sent do meet the CCA request requirements
26/10/12 - Letter from MK Rapid Recovery (B/C has transferred account to them) Advising they still haven't received my payment offer.
08/05/13 - Received 4 months worth of 'Copy Statements' from MKDP but they advise they still haven't received my CCA from B/C
16/05/13 - Received letter from MKDP enclosing a reconstituted copy of my CCA (exactly the same as B/C send 14/10/2011) and advised as per the CCA Act this along with a statement of acc is all they need to send. The account is now payable!
28/05/13 - Uploaded Copy Statements & reconstituted CCA to the Document Database for Niddy to look over
11/06/13 - Sent 'Missing Prescribed Terms' letter as per Niddy's advice which was received on 11/6/13
03/07/13 - Received MKDP's 'Final Response' They state they do not need to send a signed agreement and i am liable for the balance.
20/10/15 - Received letter from 'Hoist Portfolio Holding 2 Ltd' advising MKDP LLP has assigned all rights & outstanding balance to them. They are changing the details on my credit file from MKDP to Hoist. Also another letter in same envelope from Robinson Way Debt Collectors asking me to contact them by 23/10/15 to discuss how i want to pay.
12/1/17 - RECEIVED COUNTY COURT CLAIM FORM FROM HOIST PORTFOLIO
20/1/17 - Sent online SAR to Barclaycard as per Plan B's advice.

[garlok]

Re: Clairebear's UE Diary

Its up to you now CB but on the face of it it is UE until they correct the errors. Let Niddy have a look at the documents and decide what to do on his advice. Actually though, I should point out that Mercers and Calders are Barclaycard themselves, they are just collections departments in the same office. Mercers is a dormant company and cannot lawfully participate in any commercial activity whatsoever. They will normally issue you with a big red default notice which will be defective before Calders get involved. Calders is the next level of threat and they usually issue demands for monies not yet due under the alleged agreement and then the full outstanding balance terminating the said alleged agreement which they cannot do lawfully under the defective default notice from Mercers. They are all a pain but they get fed up and send it out on the DCA circus after a while. Barclaycard do not want to ever be seen to be doing their own dirty work. They will always get some one else to do it for them.

Garlok

[Clairebear]

Re: Clairebear's UE Diary

Actually though, I should point out that Mercers and Calders are Barclaycard themselves, they are just collections departments in the same office.

Thanks, i didn't know that! I suppose it's all intended to confuse and pressure you even more. BC tell me to deal with Calders yet i still get calls from Mercers. I shall ignore Mercers from now on and only deal with Calders then.

I'll leave all contact for now though and see if Niddy can have a look over it for me after his holiday. Fingers crossed.

[Pixie]

Re: Clairebear's UE Diary

Hi CB

Are you getting a lot of phone calls from Barclaycard/Mercers/Calders? I know they were the worst of the bunch when I started with UE. If so, send Harassment by Telephone letter. Remember to sign digitally!

Make a log of the dates/times of the calls you're getting but don't answer them - or at least fail security.

[Clairebear]

Re: Clairebear's UE Diary

Hi CB

Are you getting a lot of phone calls from Barclaycard/Mercers/Calders?

So far (touch wood but it may change) i've only had a couple of calls from them in the last two weeks, unlike CapitalOne who were calling 8 times a day!!! But talking of the harassment letter, I actually fired one off to CapOne who said they had a right to call etc etc and would keep on doing so and indeed did.....Well that was until i told them they did not have my permission record my calls or conversations in any way and as they admitted all there lines were recorded they couldn't really call me again. That seemed to work!

[Pixie]

Re: Clairebear's UE Diary

Good for you! You've got to play them at their own game.

[Clairebear]

Re: Clairebear's UE Diary

These are the documents i received today, i've popped them up in case anyone would like a look.

[Pixie]

Re: Clairebear's UE Diary

Ignore the T&Cs.

From what you've posted so far, this is unenforceable.

You can either wait for Niddy to return (imminent!) or you can send CCA Query - Terms and Conditions Received

[Never-In-Doubt]

Re: Clairebear's UE Diary

This is 10000000000% unenforceable. Yea, whoopee they sent some erm *questionable* random terms.... Ok I have that same set on my hard drive - so does that prove you agreed to them?

I'd ignore these shower of shysters for now; let us know what they threaten next then we'll clarify things for you but for now just stop paying barclays and ignore them. However if you're only paying £1 nominal payments just carry on and still ignore their threats (but update us here)....

[Clairebear]

Re: Clairebear's UE Diary

Yeahhh Niddy's back Thanks for confirming it for me!!

Unfortunately i took the CapOne card out in June last year so i don't think i could do the UE route for these. Though i did CCA them in a bit of a panic not know what to do before i called the CCCS (hence the £1 token payment starting this month)

I'll ignore BC and there dogs (Mercers/Calders) for the moment then and let you know what they send next.

Thanks again Niddy and welcome back!

[Never-In-Doubt]

Re: Clairebear's UE Diary

Sorry meant barclays not crappy one. Post edited.

[Riz]

Re: Clairebear's UE Diary

These are the documents i received today, i've popped them up in case anyone would like a look.

Current terms to add to the dubious recons here?

Barclaycard's CCA. Is It Complete Rubbish? - allaboutFORUMS

[Clairebear]

Re: Clairebear's UE Diary

Current terms to add to the dubious recons here?


Barclaycard's CCA. Is It Complete Rubbish? - allaboutFORUMS

These are the orignial doc's (my first response from BC to my CCA). I've popped them up on here for so there all in one post and easier to refer to.

(meant to be attachments here but they didnt work properly - Rizzle's sorted it below!)

[Riz]

Re: Clairebear's UE Diary

These are the orignial doc's (my first response from BC to my CCA). I've popped them up on here for so there all in one post and easier to refer to.

Well, no. You only have the 2nd most recent set of docs in the post on this thread.

The previous ones you received are only shown in the other thread.