Full And Final Settlement Figure - Dml Success - Sort Of!

newman_1

I have posted this topic at the end of another but thought it might be a good idea to also post it as a new thread - I would very much appreciate any assistance anyone can give.

My wife and I have been negotiating with all of our creditors over the last 9 months as we were uable to sustain min payments on our cards. Most of the creditors have been ok, however, Barclaycard have been the worst one to deal with. - They have threatened us once with debt collectors but when they discovered a mistake they withdrew the threat - but no apology -

The latest situation is that in June Bcard assigned my debt to a company called Debt Managers Ltd with out telling me and without letting me know that a default had been registered against me. I was threatened with legal action by DML so in June I sent the letter that Money come lately suggested in the thread I've been threatened with legal action - can anyone help please? (thank you so much) to Debt Managers Ltd who had been given the task of releiving me of the full balance of my debt to Barclaycard of £6216.17.

I sent the letter exactly as Money Come Lately suggested and I have received a letter from them this week stating that as Barclaycard were unable to provide any further details they have closed the file and have returned it to Barclaycard and that they will not be taking any further action in relation to our account with Bcard.

At the time my account was assigned to Debt Managers I was in the middle of trying unsuccesssfully to negotiate a full and final settlement directly with Bcard, however, once it had gone to DML the manager at Bcard I was dealing with wrote to me to confirm that he had been able to obtain a figure from DML of £1551 as a final payment - which we were very happy about - down from £6216 - A huge result :T .

However, I now have a problem which I am hoping someone can help with -

When Barclaycard wrote and confirmed the full and final settlement figure, I wrote back and thanked them for this and asked them to consider some form of compensation because of the way our account had been handled previously - we have written numerous times for a full and final settlement figure and have had no response whatsoever. Bcard assigned our debt to DML and registered 5 late payments and then a default without corresponding with us or replying to our numerous letters.

I have written and asked Bcard that before I pay the full and final figure that they consider either writing off the remainder of the debt or give me some idea of what level of compensation they are willing to consider because of the way my account has been handled. Again no response at all.

Since receiving the letter from Bcard in June confirming the Full & final figure I have written 4 emails and three letters to the gentleman that originally sent the letter to me. My final letter was sent recorded delivery and he has not respnded to any of my correspondence.

I have also informed Bcard that I have made a formal complaint with the Financial Ombudsmen about the way my account has been handled but again noacknowledgement to this letter has been received. In every letter I have written I have requested acknowledgement of my correspondence.

My thoughts are to write to them again and request that as they cannot provide any details as to a contract that I have with them that the remainder of the debt is totally written off but I am not sure who to write to as I am being totally ignored at the moment.

I have a policy of not phoning any of my creditors and have informed all of them that I am only willing to deal with them in writing.

So I have two questions

1) what should I do now that DML have written to say that Barclaycard cannot provide the details I asked for?

2) What would be the best course of action to take with Bcard with respect to not having received any communication whatsoever from the numerous letters I have sent through

Any help would be greatly appreciated

Thankds very much in advance.

newman_1

I thought it might also be helpful if I posted the actual letter I sent to DML in June

Debt Managers Limited
PO Box 168
4 Jamaica Street
Edinburgh
EH3 6UP

Friday, 22 June 2007

RE NOTICE OF FORMAL DEMAND
YOUR REF 3******0

Following receipt of a letter from your company today Friday 22 June 2007, dated 19th June 2007, I am writing to state that I do not acknowledge ANY debt to your company. Before I will correspond any further with you on this matter I require you to supply the following documentation.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number 00970285.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

You should also be aware that I have made a formal complaint against Barclaycard to the Financial Ombudsmen. As my account is officially in dispute with the Financial Ombudsmen Service, if your company attempts to recover a debt that is in dispute, this is in contravention of the Office of Fair Trading guidelines.

For your information my reference number that the Financial Ombudsmen Service has given me in relation to my formal complaint with Barclaycard is 7******9.


I await your further correspondence with the details requested above.