Barclaycard closed account

[Alacoque]

And, if asked, are Wescot obliged to reveal how much they bought the debt for?

[Alacoque]

I offered roughly 5% of the balance in a letter.

Wescot has written back, counter proposing half of the total amount due.

Then they say they can ‘refer’ my original offer but this would require an I & E breakdown. If the funds are from the business, they’ve attached a form to declare assets and liability and I & E.
If from personal, they want an I & E from me.

They’ve placed the account on hold for 3 weeks. If I don’t reply. ‘collections activity will resume and contact will restart’.

I’d be grateful for any advice on my next move……many thanks.

[Alacoque]

Thanks so much.....writing the letter now

[echat11]

I haven't called them yet, need some advice first. Is this for real - will they really come to a significant drop in the amount to settle? If I completely settle the debt, will it make a difference on my credit file?

Don't contact them by phone, only send 'Without Prejudice' (make sure that is written on the letter) offer letters. They bought the debt for pennies. So you could offer 5% - 10% see what they say - your Credit report will state 'partially settled'. Pay the full amount, it would be marked 'settled'. That's one to ask the Credit Reference Agencies, give them a call.

Actually, do they mean MY credit file or the company's?

Your Credit file.

Can they still threaten to call and SSMS me even though I've asked in writing to only contact me via post?

Write to them, tell them you will lodge complaints with Trading Standards and the Financial Conduct Authority.

[Alacoque]

As Echat11 predicted, Wescott has sent a letter……


’…our client has agreed we can offer you a discount to settle your account. …..could significantly reduce the overall repayment….to satisfy the balance owed. This provides an excellent opportunity to resolve the matter.

Please contact us if you wish to take up the settlement offer or discuss alternative options……your credit file will be updated to reflect that this account has been ‘partially settled’. This information will remain on your credit file for 6 years from the date of the default….

Blah blah about other arrangements…

if you choose not to…..our client has instructed us to continue seeking recover of the full balance which may include contact via telephone calls SMS and letters.’

I haven’t called them yet, need some advice first. Is this for real - will they really come to a significant drop in the amount to settle? If I completely settle the debt, will it make a difference on my credit file? Actually, do they mean MY credit file or the company’s? Can they still threaten to call and SSMS me even though I’ve asked in writing to only contact me via post?

As ever, huge thanks in advance….

[Alacoque]

As ever, thanks ECHAT11. My business current account is with Barclays so I wonder if Wescott will actually start making reduced offers to settle the debt. Will post as and when......

[echat11]

a) Sent a letter to Barclaycard, outlining why I believe I have been treated unfairly. I received a snotty rebuttal in reply, using corporate jargon like they ‘will not support’ my various claims. Though they do 'understand and appreciate there have been failings on behalf of the business in terms of the servicing issues as discussed within the above complaint reference….’

You could now refer the matter to the Ombudsman, but wait and see what develops with Wescott.

b)I want to pay off the balance of the account now but Barclays won’t accept payment. The account is now with Wescott. I asked if the account had been sold to Wescott. Of course, I couldn’t get a straight answer. Just curious if it’s similar to consumer debt, where debt is sold off to a DCA for a lower figure and they continue to try to collect the whole amount?

Wescott are just a DCA, you might start getting offers to settle the debt.

c) And one more example of Barclaycard’s charm - their final sentence: 'If you do not refer your complaint in time, the Ombudsman will not have our permission to consider your complaint and so will only be able to do so in very limited circumstances. For example, if the Ombudsman believes that the delay was as a result of exceptional circumstances.’

That's just standard, but annoying.

[Alacoque]

Sent a letter to Barclaycard, outlining why I believe I have been treated unfairly. I received a snotty rebuttal in reply, using corporate jargon like they ‘will not support’ my various claims. Though they do 'understand and appreciate there have been failings on behalf of the business in terms of the servicing issues as discussed within the above complaint reference….’

I want to pay off the balance of the account now but Barclays won’t accept payment. The account is now with Wescott. I asked if the account had been sold to Wescott. Of course, I couldn’t get a straight answer. Just curious if it’s similar to consumer debt, where debt is sold off to a DCA for a lower figure and they continue to try to collect the whole amount?

And one more example of Barclaycard’s charm - their final sentence: 'If you do not refer your complaint in time, the Ombudsman will not have our permission to consider your complaint and so will only be able to do so in very limited circumstances. For example, if the Ombudsman believes that the delay was as a result of exceptional circumstances.’

Honestly.

[Alacoque]

Great letter, thank so much ECHAT11. Will do!!

[echat11]

The letter received from Barclaycard 'stating ’since we haven’t been able to discuss a repayment solution with you, we’ll be transferring management over to a ‘DCA’ this week’. If I’d like to prevent the transfer then I should call them within 7 days and ‘we’ll do what we can to help’.

The letter arrived NINE days after the date on the letter, making it impossible to call within the 7 day deadline. I spoke to a rude and unhelpful person on the phone number provided as soon as possible, only to be told the account had been passed to the DCA and he refused to discuss the matter further. Completely irrational. He insisted on filing a complaint, though he refused to read the complaint back to me.

The following day, I received a letter from ‘level1helpdesk’, courteous but again complaining they cannot reach me on the phone. I had answered an 0800 call earlier but the line was dead when I answered. The email apologises for ‘unfortunately referring the account’ - it doesn’t address the fact that the letter arrived too late for me to call them and avoid the account being sent to the DCA. They then offer £50 for the distress and inconvenience caused!

The email continues...'Please can I ask that you confirm receipt and understanding of this email, along with agreement of any actions to be taken. Once received I will send you a letter confirming the complaint reference number and details of the Financial Ombudsman Service. Additionally can you also please be aware if we are unable to contact you by 5pm, your complaint will be escalated to our Customer Relations team, who will be in contact in due course.’

Giving me 5 hours to reply. Ridiculous deadline, more pressure.

I emailed and asked for an extension, I needed time to read the email properly. And I asked for a phone number to call them on. No reply. I then emailed again, going through how unfairly I had been treated, quoting from the relevant FCA BCOBs’s clause and asking that the account be withdrawn from the DCA. Nothing back.

I don’t understand how Barclaycard can offer compensation payments (this is one of many) without admitting they’ve behaved incorrectly.

And I'm being bombarded by the DCA - calls, texts, letters. Am I able to write to them and request that they only contact me by post?

Send the following, give them examples, keep a diary, make sure you get Proof of Postage.

https://nationaldebtline.org/sample-...sment-warning/

[Alacoque]

The letter received from Barclaycard 'stating ’since we haven’t been able to discuss a repayment solution with you, we’ll be transferring management over to a ‘DCA’ this week’. If I’d like to prevent the transfer then I should call them within 7 days and ‘we’ll do what we can to help’.

The letter arrived NINE days after the date on the letter, making it impossible to call within the 7 day deadline. I spoke to a rude and unhelpful person on the phone number provided as soon as possible, only to be told the account had been passed to the DCA and he refused to discuss the matter further. Completely irrational. He insisted on filing a complaint, though he refused to read the complaint back to me.

The following day, I received a letter from ‘level1helpdesk’, courteous but again complaining they cannot reach me on the phone. I had answered an 0800 call earlier but the line was dead when I answered. The email apologises for ‘unfortunately referring the account’ - it doesn’t address the fact that the letter arrived too late for me to call them and avoid the account being sent to the DCA. They then offer £50 for the distress and inconvenience caused!

The email continues...'Please can I ask that you confirm receipt and understanding of this email, along with agreement of any actions to be taken. Once received I will send you a letter confirming the complaint reference number and details of the Financial Ombudsman Service. Additionally can you also please be aware if we are unable to contact you by 5pm, your complaint will be escalated to our Customer Relations team, who will be in contact in due course.’

Giving me 5 hours to reply. Ridiculous deadline, more pressure.

I emailed and asked for an extension, I needed time to read the email properly. And I asked for a phone number to call them on. No reply. I then emailed again, going through how unfairly I had been treated, quoting from the relevant FCA BCOBs’s clause and asking that the account be withdrawn from the DCA. Nothing back.

I don’t understand how Barclaycard can offer compensation payments (this is one of many) without admitting they’ve behaved incorrectly.

And I'm being bombarded by the DCA - calls, texts, letters. Am I able to write to them and request that they only contact me by post?

[Alacoque]

Thank you so much Echat11, will do.

[echat11]

Lodge a complaint with the ICO, when you've made a SAR request they should comply within 30 days or tell you that it's going to take longer.

You might have to send a follow up letter, make sure you get Proof of Postage -

https://ico.org.uk/for-the-public/ge...happy-with-it/

[Alacoque]

So, I sent an SAR to Barclaycard. No reply.

They called me incessantly but the line was dead if I answered. They never left a message.

I’ve just received a letter stating ’since we haven’t been able to discuss a repayment solution with you, we’ll be transferring management over to a ‘DCA’ this week’. If I’d like to prevent the transfer then I should call them within 7 days and ‘we’ll do what we can to help’.

I did look up their T&Cs (below) but got lost as to how that could apply to their unfair behaviour toward me, as per the FCA’s BCOBS.

Any ideas on how to deal with all this will be grateful received, many thanks.

9. Closing your account

When you first open your account you can withdraw from this agreement without giving a reason by calling or writing to us within 14 days from the day after you receive your first card. Once you’ve told us you’re withdrawing from this agreement, you’ll have 30 days to pay back anything you’ve spent on your card. If you don’t repay us within 30 days, we may charge interest in line with the terms of this agreement.

This agreement has no fixed term – this means it will continue until you or we decide to close your account. You can close the account by calling or writing to us, and we can close the account by writing to you. Unless we need to close your account immediately, we’ll give you at least two months’ written notice.

We may close your account and require immediate repayment of your total outstanding balance if we reasonably believe that you’ve broken this agreement regularly or seriously. We may also require this from you if:

As a sole trader or partner:

• You die;
• You become bankrupt; or
• You are likely to become bankrupt; or
• As a person or organisation (whether incorporated or not): any step, application or proceeding is taken by you or in respect of all or any part of your undertaking for a voluntary arrangement or composition or reconstruction of your debts, winding up, dissolution, administration or receivership (administrative or otherwise)
  
  We’ll always follow any legal requirements before we close your account.
  
  If you or we close your account, the following will apply:
  • You’ll need to make all payments that are due on your account
  • No further payments will be made from your account so you’ll need to cancel any regular payments and make other
    
    arrangements to pay
  • If you have paid an annual account fee, we will refund a percentage of it based on the number of months which have passed
    
    from the date the fee was added to your account
  • You should destroy all cards.
    
    This agreement will continue until you’ve paid everything you owe, including amounts added to the account after the notice to close. You will be liable for all amounts owed to us under this agreement. If there is more than one of you, you will each be liable individually as well as jointly.
    
    Transferring this agreement
    
    We may transfer to any other person any or all of our rights and duties under this agreement at any time (including, without limitation, our duty to lend to you). We may do this without telling you. Your rights under this agreement and your legal rights (including those under the Consumer Credit Act 1974) will not be affected. You won’t be able to transfer any rights you have against us to anyone else.

[Alacoque]

Thank you once ECHAT11. Will do as you've suggested. The FCA handbook is interesting reading.....!