Cca Requests Updates Please

blueforyou

hello pepe,

I wouldn't send it back without first informing the Information Commissioners office regarding this obvious mis-management of personal data!! Perhaps the people to whom this data does apply might also make something of this!

pepe2008

blueforyou wrote: »

hello pepe,

I wouldn't send it back without first informing the Information Commissioners office regarding this obvious mis-management of personal data!! Perhaps the people to whom this data does apply might also make something of this!

My thoughts precisely, especially as it details quite large balance tfrs so is poss that they are having difficulties? and seeing that Morgan Stanley have not signed or dated the agreement, that may be good news.

I can check the Electoral Roll easy enough.

BlueIsTheColour

Good god thats awful Pepe, well potentially not for you and the person who's details you have, but the fact that they mis-manage data so badly is horrendous and does definitely warrant a call to the relevant authorities :mad: (*whispers* and/or some financial journo??)

I still havent heard anything from them about mine, and its over the date limit now.......

Bazza66

Got a letter from BarclayCard saying they give notice of the assignment of debt owed to them to 1st Credit on an outstanding amount. Seems fair enough but they go onto say that the acount was assigned to 1st Credit on 1/7/2005!!! And I should now contact them in future.

Can they retrospecively send this letter?

Couple of days later I got a letter from 1st Credit (suprise suprise) saying they have been assigned the debt and cough up now. They do go on to say in their letter that under the DP act I can SAR them for £10. I do know that but I notice they dont say I can CCA them which will be my next step.

Anyone else think this is strange that Barclaycard write years after assigning the debt? Its hardly giving notice is it? Suprised if Barclaycard have "sold" the debt that they would bother writing - I would have thought they have cleared their hands of it?

blind-as-a-bat_2

Bazza66 wrote: »

Got a letter from BarclayCard saying they give notice of the assignment of debt owed to them to 1st Credit on an outstanding amount. Seems fair enough but they go onto say that the acount was assigned to 1st Credit on 1/7/2005!!! And I should now contact them in future.

Can they retrospecively send this letter?

Couple of days later I got a letter from 1st Credit (suprise suprise) saying they have been assigned the debt and cough up now. They do go on to say in their letter that under the DP act I can SAR them for £10. I do know that but I notice they dont say I can CCA them which will be my next step.

Anyone else think this is strange that Barclaycard write years after assigning the debt? Its hardly giving notice is it? Suprised if Barclaycard have "sold" the debt that they would bother writing - I would have thought they have cleared their hands of it?

136 Legal assignments of things in action(1)Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice—
(a)the legal right to such debt or thing in action;
(b)all legal and other remedies for the same; and
(c)the power to give a good discharge for the same without the concurrence of the assignor:
Provided that, if the debtor, trustee or other person liable in respect of such debt or thing in action has notice—
(a)that the assignment is disputed by the assignor or any person claiming under him; or
(b)of any other opposing or conflicting claims to such debt or thing in action;he may, if he thinks fit, either call upon the persons making claim thereto to interplead concerning the same, or pay the debt or other thing in action into court under the provisions of the M1Trustee Act, 1925.
(2)This section does not affect the provisions of the M2Policies of Assurance Act, 1867.

No the right of action of the new owner starts on the day it is deemed a notice of assignment from the OC would have been recieved by the debtor, not before

196 Regulations respecting notices (1)Any notice required or authorised to be served or given by this Act shall be in writing.
(2)Any notice required or authorised by this Act to be served on a lessee or mortgagor shall be sufficient, although only addressed to the lessee or mortgagor by that designation, without his name, or generally to the persons interested, without any name, and notwithstanding that any person to be affected by the notice is absent, under disability, unborn, or unascertained.
(3)Any notice required or authorised by this Act to be served shall be sufficiently served if it is left at the last-known place of abode or business in the United Kingdom of the lessee, lessor, mortgagee, mortgagor, or other person to be served, or, in case of a notice required or authorised to be served on a lessee or mortgagor, is affixed or left for him on the land or any house or building comprised in the lease or mortgage, or, in case of a mining lease, is left for the lessee at the office or counting-house of the mine.
(4)Any notice required or authorised by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letter addressed to the lessee, lessor, mortgagee, mortgagor, or other person to be served, by name, at the aforesaid place of abode or business, office, or counting-house, and if that letter is not returned [F1by the postal operator (within the meaning of the Postal Services Act 2000) concerned] undelivered; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered.
(5)The provisions of this section shall extend to notices required to be served by any instrument affecting property executed or coming into operation after the commencement of this Act unless a contrary intention appears.
(6)This section does not apply to notices served in proceedings in the court.

And they have to prove when the debtor did actually recieve it

Bazza66

Cheers blind-as-a-bat. I must admit I didnt think they could assign a debt and date it 3 1/2 years ago. I wonder (and I wouldnt put it past a DCA) whether its actually 1st Credit sending the letter on barclaycard headed paper?

Do I write to Barclays saying they cannot back date an assignment or "pretend" I didnt recieve the letter and deal with 1st Credit?

If I write to 1st Credit do I CCA request or send them a "Prove it" letter first?

determinedtodothis

I don't know what to do now. I CCA's my HP company after they ingnored my request to set up a payment play for a bubble payment, kept passing me from pillar to post, ignored when my DMP was set up and then sent a solicitors letter to my old address, address to me by nickname and said they wanted to repo the car.

I sent a complaint letter in with £51 (£1 for CCA, £50 for good will gesture) they ignored it but cashed the cheque i wrote again the 12+2 day letter and I got a letter (well not officially) sent to my old address under my nickname which arrived on saturday from the finance companies solicitor. Thanking me for my letter, acknowledging the £51.00 and saying my CCA has been ordered and my account is being looked into.

1) should i acknowledge receipt of this letter as i have told them over the phone and in writting countless numbers of times i don't live there any more! The letter sent with the cheque was addressed from my new home and i mentioned the issue in the letter and STILL they ignore it.

2) they didn't respond to my first letter sent with the cheque - this letter was sent after the second one (12+2 days) - so is this an acceptable response?

3) surely seeing as in October they want to apply to court to get the car repossessed the solicitor that wrote that wonderful letter would have the CCA to complete the paper work

What does everyone think?

Bazza66

Bazza66 wrote: »

Cheers blind-as-a-bat. I must admit I didnt think they could assign a debt and date it 3 1/2 years ago. I wonder (and I wouldnt put it past a DCA) whether its actually 1st Credit sending the letter on barclaycard headed paper?

Do I write to Barclays saying they cannot back date an assignment or "pretend" I didnt recieve the letter and deal with 1st Credit?

If I write to 1st Credit do I CCA request or send them a "Prove it" letter first?

Just to add further to my thoughts. I have just noticed that both the envelopes the letters arrived in are identical - that is the return address on the back is Reigate (which is the offices of 1st Credit) - yet the letter from Barclaycard has a Liverpool address on the letter but a Reigate return address on the envelope. So that kind of proves they were posted from the same places (i.e. 1st Credit)? Can 1st Credit "pretend" to be Barclaycard - have BC given them a stack on their own headed paper? Is 1st Credit part of BC?

The plot thickens and I think it is leaning towards the prove it letter.

blind-as-a-bat_2

Bazza66 wrote: »

Just to add further to my thoughts. I have just noticed that both the envelopes the letters arrived in are identical - that is the return address on the back is Reigate (which is the offices of 1st Credit) - yet the letter from Barclaycard has a Liverpool address on the letter but a Reigate return address on the envelope. So that kind of proves they were posted from the same places (i.e. 1st Credit)? Can 1st Credit "pretend" to be Barclaycard - have BC given them a stack on their own headed paper? Is 1st Credit part of BC?

The plot thickens and I think it is leaning towards the prove it letter.

Your learning;) 1st crudit are known to use barclays headed paper....allegadly:p


Its part of the game, the question now is do you let them know you know, or save it for a defence if you need it, and is the fact the envolopes give the game away enough to use as a defence anyway, you cant prove it came in that envolope can you?

Bazza66

blind-as-a-bat wrote: »

Your learning;) 1st crudit are known to use barclays headed paper....allegadly:p


Its part of the game, the question now is do you let them know you know, or save it for a defence if you need it, and is the fact the envolopes give the game away enough to use as a defence anyway, you cant prove it came in that envolope can you?

The one main thing I have learned on this forum is it amazing what tricks DCA's will use! I cannot believe they are allowed to get away with what they do.

Will keep and file but like you say - can you prove it came in *that* envelope? But what if I wrote to BC asking them about the letter? If they replied with they know nothing about it then thats evidence surely? Or are BC in with the DCA's anyway?

Well they are just going to have to prove it now! :rotfl: