Greymatter's ue Diary

[nightwatch]

Re: Greymatter's ue Diary

Hiya GM

I had a loan with Barclays, sent for CCA and nothing !! it seems that some one in the agreement archive had a * lets distroy them all* moment around 2006 ish as when I sent a SAR to barcs there was no sign of the loan at all

[Never-In-Doubt]

Re: Greymatter's ue Diary

Barclays don't retain agreements - they were archived with Iron Mountain for 12 months then the tape destroyed. This changed around 2006 I am led to believe....

Bet they wish they'd just bought a bigger supply of tapes/storage now though

[SA Gold]

Re: Greymatter's ue Diary

Bet they wish they'd just bought a bigger supply of tapes/storage now though

oh yes....

[SA Gold]

Re: Greymatter's ue Diary

Typical short-sighted, penny pinching F $ector mentality. Someone may well have got a bigger bonu$ at the time for saving Barcraps a few pennies, any savings look good on paper and on your annual apprai$a£.

Serves them right that everyone's now requesting a CCA - except me as they haven't located me yet! (nearly 3 years and counting)

Fair play, going by just the accounts that have been brought up on AAD:

Barclays, you are fucking clowns!

[greymatter]

Re: Greymatter's ue Diary

I suppose they cut out the search when its 12+years old and chance their arm with pressure from numerous DCA's.

[greymatter]

Re: Greymatter's ue Diary

Hi Niddy/I2D
Just a quickpost.
In response to my 'doorstep..'letter to CSL(8/11/12)(Barclay ResolveAccount) they will now only contact by letter.
However they dispute the 'Armstrong v Sheppard case (1959) as follows:
'is dependant on each individual circumstance and only such order to refuse access can come from a Court and not from the individual'
Is this right?
Thanks
GM

[ScabHunter]

Re: Greymatter's ue Diary

I'm not Niddy or I2D, and I'm definitely not a trained lawyer, so I can't give you a definitive answer. All I can tell you is that I have personally quoted that case to a far nastier mob than any debt collection agency, and they accepted it and never bothered me ever again.

My guess is that Sharklays and their associated nuisances are just trying it on in an attempt to belittle the debtor. I have seen that silly quote multiple times now, and it still doesn't make sense. The sentence isn't even written with proper English grammar, so it is either written by an extremely poorly trained lawyer, or, more likely, just dreamed up by the threat mob themselves.

SH

[greymatter]

Re: Greymatter's ue Diary

Cheers SH
GM

[SaltnVinegar]

Re: Greymatter's ue Diary

Hi Niddy/I2D
Just a quickpost.
In response to my 'doorstep..'letter to CSL(8/11/12)(Barclay ResolveAccount) they will now only contact by letter.
However they dispute the 'Armstrong v Sheppard case (1959) as follows:
'is dependant on each individual circumstance and only such order to refuse access can come from a Court and not from the individual'
Is this right?
Thanks
GM

Hi GM

Main question to ask is - if they were so certain of their convictions why have they agreed to only contact you via letter

Point is - your letter has had the desired effect. All they are trying to do is save a little face.

More importantly you have told them that a doorstep visit would be construed as harassment, and you have told them you have no intention of speaking to a field representative.

Consequently should (highly unlikely) a field agent turn up, not only would you tell them to go forth, but you would also be able to demonstrate action deliberately intended to cause distress and harassment.

The court case of Harrison v Link Financial shows the risk creditors face if they start playing silly buggers like this.

Best
SnV

[greymatter]

Re: Greymatter's ue Diary

Hi SnV
Point taken,thanks
GM

[vint1954]

Re: Greymatter's ue Diary

Hi Niddy/I2D
Just a quickpost.
In response to my 'doorstep..'letter to CSL(8/11/12)(Barclay ResolveAccount) they will now only contact by letter.
However they dispute the 'Armstrong v Sheppard case (1959) as follows:
'is dependant on each individual circumstance and only such order to refuse access can come from a Court and not from the individual'
Is this right?
Thanks
GM

They are wrong. It remains relevant.

You can deny whoever you want access to your property.

You have put it in writing. They will be trespassing if try and call.

[greymatter]

Re: Greymatter's ue Diary

Thanks Vint1954
GM

[greymatter]

Re: Greymatter's ue Diary

[QUOTE=greymatter;256191]Quote:
Originally Posted by greymatter
Final one on my list at last:
Barclayloan

Type of account (Loan)

Date commenced (Approx 2000)

Approx Balance (£4500)

Last made a FULL payment (June 2003)
Paying by arrangement with DCA(CDCS)
Default Notice issued by Barclay(Feb 2004)
Account run by CDCS

No statement or balance issued since 2005

Hi Niddy/I2D
I left this until now to request CCA as I planned to phase all my CCA requests over the last 12+ months.Didn't want to overload the DCA/OC in one hit.

08/08/2012 CCA request sent this morning by special delivery
Greymatter

31/08/2012 Hi Niddy/I2D
The 12+2 days are up.Should I wait a bit longer before I cancel my monthly token payment.?
Also is there any real need before I do this to write and request a response to my CCA request?
Thanks
GM

12/11/2012
Hi Niddy/I2D:Received letter from Barclays informing me that they are transferring the debt collection responsibility to BCW Group (Who are they??)
As Barclays have in fact ignored my initial CCA request and follow up letter should I send these newbies a 'sold in dispute' or wait for their 'phone calls and letters?
Thanks Nids and I2D.
GM
12/11/2012 In2Deep:
I would wait until you here from BCW then hit them with the Account in Dispute letter..........

15/11/2012

Hi I2D: Letter received today plus 2nd phone call.I will send SWID letter recorded today.If they call me after they receive my letter shall I send them a Telephone Harassment letter?
Thanks
GM

[greymatter]

Re: Greymatter's ue Diary

[QUOTE=greymatter;257372]

Quote:
Originally Posted by greymatter
Final one on my list at last:
Barclayloan

Type of account (Loan)

Date commenced (Approx 2000)

Approx Balance (£4500)

Last made a FULL payment (June 2003)
Paying by arrangement with DCA(CDCS)
Default Notice issued by Barclay(Feb 2004)
Account run by CDCS

No statement or balance issued since 2005

Hi Niddy/I2D
I left this until now to request CCA as I planned to phase all my CCA requests over the last 12+ months.Didn't want to overload the DCA/OC in one hit.

08/08/2012 CCA request sent this morning by special delivery
Greymatter

31/08/2012 Hi Niddy/I2D
The 12+2 days are up.Should I wait a bit longer before I cancel my monthly token payment.?
Also is there any real need before I do this to write and request a response to my CCA request?
Thanks
GM

15/11/2012

Hi I2D: Letter received today plus 2nd phone call.I will send SWID letter recorded today.If they call me after they receive my letter shall I send them a Telephone Harassment letter?
Thanks
GM

25/11/12 Received letter saying account on hold whilst being investigated.

[greymatter]

Re: Greymatter's ue Diary

Quote:
Originally Posted by greymatter
Originally Posted by greymatter
Hi Niddy/I2D
Quote:
Originally Posted by greymatter
Its time to go for this one as I have not had a statement since early 2005.
Barclay Resolve
Type of account (Loan Account)
Date commenced ( 2002)
Approx Balance (£13600)
Last made a FULL payment (July 2003)
Paying by arrangement with DCA(CDCS)
Default Notice issued by Barclays(Feb 2004)
Account run by CDCS
Key:sent
received
other information

I am paying a small token payment and have not had contact since early 2005.However this will go for ever and the SB date will just keep moving out.I am concerned however that the CCA request could stir up interest charges and the like.However this site has given me confidence and if I don't act now I will have this bloody millstone around my neck till I die--and then some!
As a matter of interest CDCS have got the amount outstanding and references wrong.They have mixed them with a different debt!
Greymatter

15/05/2012 Special delivery CCA requested

Hi Niddy

31/05/2012 Letter received from Barclays and they have in the first place stated:'Sec 77 and 78 of the CCA1974(as amended) do not require Barclays Bank to provide you with a signed original form of the agreement and .......not the policy of Barclays Bank to provide this'
They are however pleased to provide me with a copy of the agreement and financial statementas the Act does not require them to supply me with a signed original'

However what they sent me was a set of TC's with figures filled in and various other hand filled details.This Agreement is not the one that I wrote for and the amount shown as outstanding and their explanation is also completely wrong.They have got the loans mixed up but have cobbled together a letter showing£13000+in arrears with an agreement of some £2000+ That would be some interest!!
What letter should I send as basically they cannot supply the original and have t'cs hand written and no date.
Thanks
GM

31/05/2012 In2 deep : Might be worth letting Niddy have a quick look-----> agreements@all-about-debt.co.uk
31/05/2012 Ok will do.

Niddy stuff sent now.
GM
01/06/2012 Niddy:I'll check tonight

01/06/2012 Niddy:
Barclays - this is a mock-up. There is a hand written form undated for a small loan that is linked to a different product via account reference and comes with no PT's.

Basically Barclays have got confused and made this out to be an original using a reference number for a newer product that was a different loan and came with PPI. Confused? Yep, so are we totally.

Respond with ---> Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms



12/10/2012
Letter from Barclays telling me that the responsibility for collecting has been passed to CSL .They telephoned me and left a message to contact them.NO WAY.
Shall I wait for response or send sold while in dispute letter.
Thanks
GM

I would wait until they write to you........... Quote:

Hi Niddy/I2D
25/10/2012 Letter now received from new DCA handling the collection etc .etc.
Should I send 'sold while in dispute' letter
Thanks
GM
25/10/12 In2Deep :I would if it were me..........
25/11/12 Thanks I2D Letter going now! [QUOTE]


25/11/12 Hi Niddy/I2Deep
Received a letter from Barclays and within their opening paragraph they say ’I am unable to uphold your complaint and provide a signed copy of the agreement’
It goes on to tell me about the CareyvHSBC(2009) and also sec 2.16 to 2.20 of the OFT guidance on sec 77,78,79 CCA.
They remind me that they have supplied a copy of the agreement and statement of account and their normal debt recovery action will continue.
They then remind me that the debt is being held by CSL .
I received at the same time a letter from CSL offering me ‘opportunity to clear your debt at a reduced rate’
Finally: they state’ Failure to contact them will result in our recommendation for further action on your account’
I am reading the Barclays opening statement as an admission of no CCA,do you agree?

What response is needed here and does it go to CSL only?
Many thanks
GM