First credit debt collection :(

pepe2008

tunathe_cat wrote: »

hi I have been to local cab today. Re ccj barclaycard
filled in dispute whole claim. Will send copies of all correspondence and tracking information.

while at cab today Advisor rang barclaycard re this account they refussed to speak with them or myself as the account not in my name. Also refussed to speak about the ccj they quoted data protection.:rotfl:

Will send court papers back to court registerded post tomorrow once I have photocopied them.

Any ideas what the next step might be?

It probably wont even get into the Court. If it does it'll be kicked so far away you'll never see it again I'm sure:D

debtman2007

pepe2008 wrote: »

Hi debtman,
I sent two page letter to 1st detailing, fully, the reasons for my complaint to OFT....section by section.
Had 2 pages of waffle about denying details of Complaints to OFT, Followed by an apology and a complete acceptance of the payment offered by CCCS. this was after issuing a Stat Demand to me, which I countered with a CCA request.
This letter from 1st obviously means ' we know that we are not going to get a CCA from the Original Creditor so we will have to accept the payment which would be awarded by a Court even if we did produce the CCA'.
This will be acceptable to me for now but leaves the ball in my Court....I can now decide to try and get it written off or pay it at my pace, not made my mind up entirely.


Have you complained to the OFT? Check out what they have done to you against the Debt Collection Guidelines on www.oft.gov.uk. List these to 1st Credit, threaten to take this to theFinancial Ombudsman and Trading Standards as well, this will probably get the response you are looking for. They already know what they have failed to do, they just need to know that you know your rights and are not afraid to Complain.

the 30 day letter is all but lrrelevant in my view, it doesnt ADD any weight to your argument. Involvement of the OFT and threatening to involve FO, CSA and Trading Standards does.

edit; dont forget to emphasize that a major part of your complaint will be that they have been pursuing you for a debt for which they have failed to provide a proper Agreement. Ensuring that this was in place should have been done at the time of Assignment, certainly before contacting you.

Thanks for that. It is certainly taking some time to put this letter together. I am listing all correspodencen and copies of letter.

Do you have the postal addresses handy of the organisations i need to sent the letter to?

pepe2008

Check t'interweb.Not v helpful but I'm not near my files at the moment.

edit. Actually complain to OFT.
Copy 1st with complaint.
Tell the that you will send all to FO, TS etc if no reply in 10 days.
They threaten us , we threaten them.

debtman2007

Letter from LCS Solicitors today. same address as 1st credit.

Says that i have 7 days to pay amount. take me to court, bankrupt blah blah.

Very annoyed now as it had all died down since they sent me a letter to say without a CCA the account is not enforcable and will be put on hold.

How do i reply to this?

tunathe_cat

Hi not sure maybe otheres will be able to advise.
have u asked for advise from f.o.s. they were helpful in another of our creditors owe to capt one - taken over by Debitas they accept payments with our dmp - cccs. Now getting solicitor letters from Fredrickson Int ltd - last time they spoke with my the gentleman! not - at the other end swore and put phone down not so gently when told debitas were excepting payment.
We spoke with f.o.s. and they have made an official complaint with all parties on our behalf. it looks as if the debt has been sold twice or passed onto a third party Fredrickson int - with the second party Debitas taking monies sent.
F.o.s. have advised we still keep paying via cccs to Debitas until we hear from them about there telephone number is 0845 0801800 or https://www.finacial-ombudsman.org.uk

Jesthar

debtman2007 wrote: »

Letter from LCS Solicitors today. same address as 1st credit.

Says that i have 7 days to pay amount. take me to court, bankrupt blah blah.

Very annoyed now as it had all died down since they sent me a letter to say without a CCA the account is not enforcable and will be put on hold.

How do i reply to this?

I think there is a template letter somewhere which points out a debt cannot be passed on whilst in dispute...

tunathe_cat

barclaycard ccj update
received intodays post letter from northampton court
I acknowledge receipt of your defence. Acopy is being served on the claimant (Solicitor). The claimant may contact you direct to attempt to resolve the dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.
Where he wishes to proceed, the claimant must contaact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay
.............

Q what is meant by stay/stayed?
................................

F.o.s. gave me a good telephone number for Barclays- barclaycard
0800282390 - As I had to make an offical complaint before they can look at this account.
After speaking with a senior member of staff - it turns out that barclaycard have mis sold two of my husband s account to other parties using the wrong name. giving false details . I have be told that they will investigate and stop the ccj action.

Will let you know when We hear from them. its been a week since telephone call .

pepe2008

debtman2007 wrote: »

Letter from LCS Solicitors today. same address as 1st credit.

Says that i have 7 days to pay amount. take me to court, bankrupt blah blah.

Very annoyed now as it had all died down since they sent me a letter to say without a CCA the account is not enforcable and will be put on hold.

How do i reply to this?

Ignore it, you have the advantage of the 'not enforcable' letter. Let them spend their money. They may even send a Stat Demand out ( costs them! ) which they did to me and I treated similarly.

pepe2008

Hello Tuna. Barclaycard stuff seems to be getting sorted out gradually. 'stayed' means put on hold until a good reason is given to proceed with it. This wont get to Court I'm sure........what a bunch! and people wonder how the Banks managed to bust themselves!!!

pepe2008

My update with 1st Cretins. The Compliance Officer is still choosing to believe that her staff are goodness personified and that they know what all the Legal terms mean and explain things properly and NEVER EVER try to force debtors to use their property to raise extra funds......but they 'have a right to offer advice':rotfl: :rotfl: :rotfl: ooh mysides have split.

debt in dispute 40 days now, will send copy pack of correspondence to MD as a 'last chance' before sending to FOS.