Barclay Card face to face

Barclay Card face to face

Postby phillwelsh » Wed Jan 05, 2011 4:49 pm

Hello friends,
After being passed from DCA to DCA (viewtopic.php?f=64&t=1926&start=0) I have now received a letter from Barclay Card,
Dear Mr

I write further to the letter yu have sent dated the 7th march 2010 and respond in my capacity as a Customer Relationship Manager.

You outline in your letter that you believe that your outstanding BarclayCard debt is now unenforceable due to you not receiving a response to your previous communication within the given timescale. You claim that you have successfully gained lawful estoppal of the Barclaycard debt and request that no further contact regarding this matter such as potential home visit as you believe this breaches the Office of Fair Trading guidelines. You also request that no data should be registered against you with credit reference agencies.

If I may explain, Barclaycard are still the legal owners of the debt. The Barclaycard was sent for formal debt recovery on the 7th November 2005 as a result of prolonged period of insufficient repayments to the account. When an account is sent for formal debt revovery a formal demand is issued, if not complied with then Barclaycard will register a default against you with the relevant credit reference agencies. I can confirm that a default has been registered against your name.

With in the formal debt recovery process Barclaycard reserve the right to instruct appointed third parties to contact you on their behalf to discuss your current financial position and make arrangements for repayment. Contact can be in a number of ways potentially including a home visit, I do not agree that Barclaycard or their appointed agents would breach and legislative guidelines if this action was undertaken.

I must confirm that Barclaycard believe that the outstanding debt is enforceable and Barclaycard and their agents will continue to pursue for this debt.

For the purposes of the financial ombudsman service please consider this to be our final response. If you are unhappy with this outcome, you may ask the Financial Ombs to review your complaint and you have six months from the date of this letter to do so. I have enclosed a copy of their leaflet, which includes details of how to contact them.


I believe some one here has had a similar situation with a bank not being able to supply them with any contract? Im wondering if any one can remember who this was and point me to the thread?
Or if anyone has any suggestions on a next step? I mean they have pretty much admitted they dont have the contract so do they have a leg to stand on?

Rock on
Phill
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Re: Barclay Card face to face

Postby greg » Wed Jan 05, 2011 5:11 pm

If Barclaycard think this debt is enforceable, then why sell it on?

If you have no contract with a third party then why respond?

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Re: Barclay Card face to face

Postby phillwelsh » Wed Jan 05, 2011 5:27 pm

Greg,
f you have no contract with a third party then why respond?

This is not third party now. that letter is from barclay card.
Dont ya know there aint no devil, thats just god when he's drunk!

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Re: Barclay Card face to face

Postby the_common_law_reverend_kenny » Wed Jan 05, 2011 5:32 pm

I can confirm that a default has been registered against your name.
If that is the case the matter is ended.
SOVEREIGN: not controlled by outside forces: autonomous; self-governing; independent "a sovereign people" <> "by any peaceful administritive means necessary" - the way of the order.
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Re: Barclay Card face to face

Postby phillwelsh » Wed Jan 05, 2011 5:47 pm

If that is the case the matter is ended.


So a notice back would not be required? Thats to easy surely :grin:
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Re: Barclay Card face to face

Postby the_common_law_reverend_kenny » Wed Jan 05, 2011 6:02 pm

For the purposes of the financial ombudsman service please consider this to be our final response


Not sure why you would want to respond more, what could you achieve further??? :sun:
SOVEREIGN: not controlled by outside forces: autonomous; self-governing; independent "a sovereign people" <> "by any peaceful administritive means necessary" - the way of the order.
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Re: Barclay Card face to face

Postby phillwelsh » Wed Jan 05, 2011 7:20 pm

Boody hell, Ive read this letter a zillion times and that line never twigged!

Cheers Kenny for pointing out what was right under my nose :clap:
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Re: Barclay Card face to face

Postby the_common_law_reverend_kenny » Wed Jan 05, 2011 8:57 pm

you're welcome Phil.... ( at best we all are... each others eyes) :cheer:
SOVEREIGN: not controlled by outside forces: autonomous; self-governing; independent "a sovereign people" <> "by any peaceful administritive means necessary" - the way of the order.
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Re: Barclay Card face to face

Postby huntingross » Wed Jan 05, 2011 9:35 pm

the_common_law_reverend_kenny wrote:
For the purposes of the financial ombudsman service please consider this to be our final response


Not sure why you would want to respond more, what could you achieve further??? :sun:


ONLY for the purposes of the financial ombudsman......not the alleged debt

I have just recently received confirmation from the Clydesdale that they sold an alleged debt....it was the result of a simple notice to the CEO....they tried to dodge the point, but the de facto point is the appearance of a DCA which under their policy = sold debt.....QED....so now I write to confirm the closure of the account settled to zero.....maybe you could try this approach if you haven't already....that way you can rule out Barclaycard and that leaves the DCA's hung out to dry.

I am of the opinion that not all debts are sold.....so a DCA may be working for commission....its like sub-contracting....so Barclaycard might be correct in what they're saying and they still own it.
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Re: Barclay Card face to face

Postby the_common_law_reverend_kenny » Thu Jan 06, 2011 3:55 pm

Defo....Agreed --- some debts are sold and others are contracted out.

Once the so called debt has defaulted the 'credit file' is thereafter marked and the insurance kicks in too. It's up to Barclaycard to take whatever stance they want to take, it is in their interest to say things like "this is enforceable" and " you must now pay up"...as they do and always will,,...regardless of what you or I do. That's their 'business'. They own what they say they own when it suits them to own it. We know this..dont we?

It is in my interest to say "I don't own this debt, but if i do please supply the following proof within the given time" and "this is nonsense go away" but to write letters saying that over and over creates a continual joinder and worse creates a real link between them and you (umbilical cord). ( which can be sold again once there is not fiat fruit)

Moreover.... to what extent do I (in a ideal common law sense) recognise their systems of operation? The more I respond to their system and seek redemption in it I strengthen their resolve that their perception of the situation is real (for me and them). It is not real. It is fake. (ref V)

If we go into it deeply enough we must see that from a Sovereign point of view their perception of the situation is complete and utter rubbish. Made up nonsense. As we know.

So I say more and more ...do not respond or respond frugally (possibly send the same letter over and over after estoppel) as in reality our responses are holding them upright. Let them fall.

Remember the fundamental: Do not get in to content. Prove jurisdiction first. If we get in to content we have forgone to most important question. Do you have the jurisdictional right to address me in the first place? (of course every case is different/ exception proves the rule)

--- In this case though estoppal has been gained so the last letter is the final one telling them it's all over. If we believe and trust in estoppal it should mean what we intend it to mean. It's all over. :sun:
SOVEREIGN: not controlled by outside forces: autonomous; self-governing; independent "a sovereign people" <> "by any peaceful administritive means necessary" - the way of the order.
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