stuffthebanks' UE diary

[stuffthebanks]

Re: Stuff the banks ue diary

I would ask them to comply with s78, including original terms and agreement.

Have you sent the unenforcable template?

Hi Vint,
Yes, sent the unenforceable template, and more recently i sent a copy of all the communications between myself and Barclaycard.

[vint1954]

Re: Stuff the banks ue diary

I would ask them to comply with s78, including original terms and agreement.

Have you sent the unenforcable template?

[stuffthebanks]

Re: Stuff the banks ue diary

Barclaycard
Started:25/5/2005
Balance:£830
Status:Not in default
Last payment:Feb 2012 £17.00 on plan.

This one has given me a conscience..they have been ok with me,despite one or 2 hic up's.
I have read lots of stuff on Barclaycard...they seem very persistent once you stop paying.....
So here we go anyway......

22/2/12....Niddy confirms account ....Terms template letter to go out on 23/2/12

12/3/12...Letter from Barclays....a whole load of legal jargon...they are standing by the agreement being enforceable...
Not sure how to proceed based on what's in this letter...

8/6/12....At last reply from Barclays.
I sent the terms only received template out to them, after receiving terms and conditions, but no agreement...
The letter they have just sent states they are not obliged to send anything else out to me, what they have sent already is sufficient....They are adamant that this account remains enforceable......
Not sure how to progress now.....because all i have is terms and conditions...no agreement....any ideas?????

[COLOR="Red"]12/8/12...Apologies...i seem to have lost track on this one...

8/6/12..I sent final response template
12/7/12... I sent Reminder of last letter i sent on 8/6/12..along with an addition of reply to my request or p*** off

11/8/12...Received a letter from Barclay's ..it gave me slap on wrist for not making payments..
Threat of passing on to Mercer's, and doorstep visit..
No mention of CCA final response...
I will send the doorstep template along with the final response - CPUTR template...unless anyone can advise differently...
Thanks ,and best wishes to everyone.....
Steve

11/9/12...Hello all, hope you are all well and good...
Just had a letter from Mercers saying they are now responsible for the collection,blah,blah,blah....
I had no response from the letter i sent Barclays back in July, it was the cputr template letter.
Should i ignore this for now, or do i send them account in dispute, or something else.....Cheers in advance.....

13/10/12....Letter from Mercers...no payment made..blah,blah,immediate action required....Door step threat
I have already sent the CPUTR to Barclays..no response..and i have sent the account sold in dispute template..
I'm thinking a response with the doorstep template, plus enclose copies of the last 2 letters i sent.

17/10/12...Letter today from....POWER TO CONTACT...wow...scary name..
They have contacted me on behalf of Mercers...giving me 72 hours to contact Mercers...otherwise doorstep vist..
This is being filed away and ignored....letters already sent to Mercers yesterday....

8/11/12.. Late update...
Letter received on 26/10/12 from Barclaycard...they said if i wanted a copy of the original terms and conditions i must send the £1.00.
Well i have already had those, they sent just the terms and conditions in response to my CCA request....
Still no mention of any agreement though...
I just think maybe i should send a follow up letter stating that i have already had the terms and conditions, i just want the agreement.
Any other thoughts would be most gratefully received..

[stuffthebanks]

Re: Stuff the banks ue diary

that's what I would do

Thanks Mrs D.....

[MrsD]

Re: Stuff the banks ue diary

that's what I would do

[stuffthebanks]

Re: Stuff the banks ue diary

Very catalogue

Started : July 2004...Account started back in 2001 as Argos,then changed to Argos Additions,Then Additions and finally to Very...
Original account as Argos back in 2001
Balance:£1804
Last payment:November 2012 £30.00
Now paying:Nothing

Status:No CCA PRODUCED..Account in default

Financial difficulties meant the £120 per month could no longer be met..so....I will try to be as precise as possible..

30/8/11..Arrears collection dept..Account is in arrears.
5/9/11...Letter sent to Very asking for help in reduced payments.
Income and expenditure also sent.
12/9/11..Letter sent to Very..Telephone harassment letter sent.
13/9/11...Letter from Very...Unable to accept my proposals..
16/9/11...Letter from arrears collection dept.
22/9/11..Letter sent to Very..telling them they are being unreasonable.
26/9/11..Letter from arrears collection dept.
28/9/11..Letter from Very...Unable to accept payment proposals
7/10/11..Letter from Very...unable to accept proposals..
7/10/11..Take me to court template letter sent to Very.
10/10/11..Letter to Very...Telephone harassment template sent to Very.
13/10/11...Letter from Very..Acknowledgement of complaint from Very.
18/10/11...Letter sent to Very...Another complaint regarding phone calls and the ignorance in response to our financial situation.
20/10/11...Letter from Very...regarding my recent letter..its all down to the auto dialler...and we need to ring to arrange payment plan...
We did ring..and they would not accept payment offer,and that we could only set up plan through someone that manages a DMP....
10/11/11..CCA and SAR request sent to Very..
24/11/11...Letter from Very...They have agreed a payment plan of £30.00 per month,and interest frozen for 12 months.
5/12/11....CCA default letter sent to Very..
22/12/11...SAR received from Very...
14/1/11..Usual monthly statement received from Very...no charges showing...
4/1/12...Acknowledgement of my putting account into default because of no CCA..
1/2/12...Letter from Very...Further to the letter sent on 4th Jan..investigation continuing and final response by 28th Feb..
17/2/12..Normal statement received....no charges added...but acknowledge a failed payment from January...
21/2/12...Response from very re CCA request.....i have copied it onto the end of this.....i share this with you all to give Niddy a rest.......i dont think its quite what i need to make the debt enforceable....
22/2/12....Niddy...confirms UE...
7/3/12...Letter received.....Under the heading..Re: Request to cancel your credit agreement.
It says they have provided me with a copy of the current credit agreement...a copy of which i put on page 3 0f this thread.
They say it sets out the contractual arrangement that is in place at this time,and includes all applicable contractual variants and amendments that have taken place since the account was opened.
It is clear by ordering and purchasing goods from us,you acknowledge that there is an existing relationship in place.
In the event that you did not believe that there was such a relationship it is unlikely you would have bought and continued to buy goods from us.
The latest case law in relation to the enforceability of credit agreements has made clear that unenforceability does not mean that the rights of the parties under a credit agreement were never acquired or are extinguished.
Failure to make payments will affect my credit rating,blah,blah,blah...

16/3/12....Statement recieved with £12.00 late payment fee added...
Letter received from arrears collection dept...the usual contact us to arrange payment blah,blah,blah..
Ignore???
20/3/12....After receiving 10 phone calls in the past 2 days i am sending the threat of legal action telephone template...along with a copy of my original harassment telephone template sent to them on 11/10/11..see how that sticks.....

29/3/12....Letter received from Very...Thank you for your letter regarding the number of calls you have received,please accept our apologies that you have found it necessary to complain.
All complaints are taken seriously,and we will contact you after a full investigation..... What a pile of horse dung!!

Had a response from both Trading standards today as well as consumer direct....basically acknowledging my complaint,and confirming traders legal obligation regarding harassment...someone will contact me over the next few days if they require any further information.

3/4/12....Letter from the arrears collection dept...Wiped the cats bottom with it and threw it in the bin...

14/4/12...Letter received from arrears collection dept...Despite telling you last month of the arrears on payment plan,i notice you have not brought your plan up to date....
Unless i receive payment immediiately,no choice but to cancel plan and transfer to a DCA........

I reckon ignore and let them pass the account on......

27/4/12....Had 2 phone calls from Very 2 days ago,both within an hour....i emailed them straight away and reminded the idiots that i already have an ongoing complaint regarding telephone harassment under investigation within there company...i thanked them for making the 2 recent calls and that i would add this information together with my file of complaint in readiness to send off to the FOS......no further calls since.....

1/5/12...Letter from arrears dept.....throw letter in bin..ignore...
3/5/12...Letter today from Arrears collection dept.
This is my last chance to talk to them before they pass on account to: Nationwide Debt recovery Ltd.
This is our final demand...please do not ignore it.......
Pointless me sending anything to these morons....i will wait until they get Nationwide involved.....
I'm still waiting to hear from customer services regarding my telephone harassment complaint....

9/5/12...Letter from Nationwide Debt Recovery.....Which means bugger all...they are part of Shop direct...
Make payment within 7 days..Date on letter 3/5/12...Prats...
They will register a default with CRA...which will remain on file for next 6 years...( That's really not going to work as a threat is it?)
If you can repay arrears in next 7 days they will review all default charges and additional interest applied to account...

23/5/12...Letter from NDR...Pre escalation notice....
Going to ignore....

25/5/12...Letter received from Very about the complaint on telephone calls they made....they gave the 24th May as the 8 week time limit......they have said it may take another 2 weeks to investigate my complaint...
Letter along with all the evidence sent off to the FOS today...

13/8/12....Phone call today from the FOS regarding my complaint against Very for excessive phone calls.......
Result...they have upheld my complaint, and awarded £100 compensation......
Now, as happy as i am that Very have had a spanking...they have suggested to FOS that the £100 compensation be used to repay the debt on the account.....now no payment has been made since November 2011...so a payment to the account would obviously reset the 6 year clock.....
I have updated the info the FOS have regarding the reason no payment are being made to Very.....failure to submit an agreement...
Just wondering how i can prevent this compensation being paid off on account?????

9/10/12..Its been very quite on the parasite front...no letters,phone calls...but i knew it wouldn't last for much longer
I really hope you guys are all holding up, and my best wishes to you all...
Today we received a default notice ( served under section 87(1)) from Very.....not sure how to respond, so any advice would be most welcome....

8/11/12..Hi all,needed time off to get life back in order...
Back now, bright eyed and bushy tail....
Letter of assignment today from Lowell and Very..
I am sending the account sold in dispute...

[stuffthebanks]

Re: Stuff the banks ue diary

Not unless it's part of a formal complaint against the company trying to p*ss you about....

Thanks for that P1.....
I will see how things go over the next few weeks...if i do keep getting the rubbish through the post, i may just go on the offensive with this one....
It does seem to have worked on another one of our parasites...it was a Niddy special linked with the CPUTR....:niddy

[PriorityOne]

Re: Stuff the banks ue diary

Unfortunately Barclays are not bound to respond to your CPUTR letter.

Not unless it's part of a formal complaint against the company trying to p*ss you about....

[stuffthebanks]

Re: Stuff the banks ue diary

Thanks Pixie and Flower

[stuffthebanks]

Re: Stuff the banks ue diary

Unfortunately Barclays are not bound to respond to your CPUTR letter.

Cheers Vint,
I sent the CPUTR template to add to the rest already sent...i never really expected any response, i have read enough threads on Barclays to realise the attitude from them.
But as a paper trail, should they ever want to go to court, it all counts.
Thanks once again

[Pixie]

Re: Stuff the banks ue diary

We've all got letters from Power2Contact

Agree...I've had a few...

so far they've never had the Power2Visit me

Nor me

[vint1954]

Re: Stuff the banks ue diary

[/COLOR]

13/10/12....Letter from Mercers...no payment made..blah,blah,immediate action required....Door step threat
I have already sent the CPUTR to Barclays..no response..and i have sent the account sold in dispute template..
I'm thinking a response with the doorstep template, plus enclose copies of the last 2 letters i sent.

Unfortunately Barclays are not bound to respond to your CPUTR letter.

[stuffthebanks]

Re: Stuff the banks ue diary

Mercers tend to be tenacious and writing to them constantly like this will get you nowhere. It's letter tennis now, so until/unless you receive something more substantial, my advice would be to file and ignore. They normally bugger off after around 6 months....

Fine advice P1,and i think i will follow that route.
Thanks for taking time to reply, its really appreciated.

[PriorityOne]

Re: Stuff the banks ue diary

Mercers tend to be tenacious and writing to them constantly like this will get you nowhere. It's letter tennis now, so until/unless you receive something more substantial, my advice would be to file and ignore. They normally bugger off after around 6 months....

[stuffthebanks]

Re: Stuff the banks ue diary

Barclaycard
Started:25/5/2005
Balance:£830
Status:Not in default
Last payment:Feb 2012 £17.00 on plan.

This one has given me a conscience..they have been ok with me,despite one or 2 hic up's.
I have read lots of stuff on Barclaycard...they seem very persistent once you stop paying.....
So here we go anyway......

22/2/12....Niddy confirms account ....Terms template letter to go out on 23/2/12

12/3/12...Letter from Barclays....a whole load of legal jargon...they are standing by the agreement being enforceable...
Not sure how to proceed based on what's in this letter...

8/6/12....At last reply from Barclays.
I sent the terms only received template out to them, after receiving terms and conditions, but no agreement...
The letter they have just sent states they are not obliged to send anything else out to me, what they have sent already is sufficient....They are adamant that this account remains enforceable......
Not sure how to progress now.....because all i have is terms and conditions...no agreement....any ideas?????

[COLOR="Red"]12/8/12...Apologies...i seem to have lost track on this one...

8/6/12..I sent final response template
12/7/12... I sent Reminder of last letter i sent on 8/6/12..along with an addition of reply to my request or p*** off

11/8/12...Received a letter from Barclay's ..it gave me slap on wrist for not making payments..
Threat of passing on to Mercer's, and doorstep visit..
No mention of CCA final response...
I will send the doorstep template along with the final response - CPUTR template...unless anyone can advise differently...
Thanks ,and best wishes to everyone.....
Steve

11/9/12...Hello all, hope you are all well and good...
Just had a letter from Mercers saying they are now responsible for the collection,blah,blah,blah....
I had no response from the letter i sent Barclays back in July, it was the cputr template letter.
Should i ignore this for now, or do i send them account in dispute, or something else.....Cheers in advance.....

13/10/12....Letter from Mercers...no payment made..blah,blah,immediate action required....Door step threat
I have already sent the CPUTR to Barclays..no response..and i have sent the account sold in dispute template..
I'm thinking a response with the doorstep template, plus enclose copies of the last 2 letters i sent.

17/10/12...Letter today from....POWER TO CONTACT...wow...scary name..
They have contacted me on behalf of Mercers...giving me 72 hours to contact Mercers...otherwise doorstep vist..
This is being filed away and ignored....letters already sent to Mercers yesterday....