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Had Another Letter Today From first credit About My Barclaycard Account.
1st Credit
Po Box 278
Reigate
Rh2 7wb
08701642042 DATE ON LETTER 07/11/07
Dear Xxxxxxxx
Re Your Agreement With Barclaycard
Relating To Account Number Xxxxxxxxxxxxxx
Balance Outstanding £1,428.95
We Write To Introduce 1st Credit Ltd To You.
Barclaycard Has Assigned To 1st Credit Ltd The Full Outstanding Balance Dueunder The Agreement Referred Above. As A Result Of This Assignment, The Full Outstanding Is Due To 1st Credit Immediatley.
As The Balance Is Owed To 1st Credit You Should Not Make Any Payments To Barclaycard As It Will Take Significatly Longer To Process The Payment Onto Your 1st Credit Account. To Discharge Your Outstanding Balance, Yo Now Need To Make Payment Direct To 1st Credit.
You Should Make Contact This Office Immediatly So That We Can Agree Payment Terms With You. Failure On Your Part To Do This Will Result In More Formal Recovery Proceedings Being Taken Against You.
In Accordance With The Data Protection Act 1998 We Will Comply With Any Request For A Copy Of The Personal Information About You That Is Held On Our Computor System.
Send Your Request, Along With The Administration Fee Of £5.00 And A Sae To The Above Address.
Please Do Not Ignore This Letter.
We Look Forward To Hearing From You.
Can Anyone Tell Me What I Should Do. Should I Send Them A Letter Telling The That The account is in dispute And Should Not Have Even Been Passed To Them As I Have Recieved An Application Form?
I would send them a letter like this alter to suite:
ACCOUNT IN DISPUTE
Dear Sir or Madam:
I must admit that I am rather bemused as to why this account has been passed to Marlin Financial services, as it is in dispute with the Metropolitan Collection Services and has been since 31st July 2007.
Not only is this a breach of OFT collection guidelines, but also a breach of the Consumer Credit Act 1974 and the Data Protection Act 1998
As Metropolitan Collection Services are now in default of my Consumer Credit Act request, I consider this account to be in SERIOUS DISPUTE.
As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.
As Marlin Financial services cannot lawfully pursue any enforcement activities on this account, I would respectfully suggest that this account is returned to the Metropolitan Collection Services for resolution of these defaults and breaches.
If Marlin Financial services chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.
I hope that this will not be necessary and an acceptable solution can be accomplished.
You will also be aware that as holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on debt collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with Metropolitan Collection Services. Since this is considered an Unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint procedure.
I would appreciate your due diligence in this matter.
cant believe this, i only recieved the first letter yesterday and printed out reply to post of to them telling them it shouldnt have been passed to them as in dispute.
and before i go out of the front door, this letter pops hrough letter box from 1st credit AGAIN. they dont waste time do they.
i regret the above sum remains outstanding. we now intend to take legal proceedings against you. if successful it may result in...
-SUBSTANTIAL LEGAL COSTS AND interest BEING CHARGED THEREAFTER.
-ENTRY OF YOUR NAME IN THE county court JUDGEMENT REGISTER, MAKING IT VERY DIFFICULT TO OBTAIN CREDIT IN THE FUTURE.
subsequent failure to make payment could result in enforcement action,
-AN APPLICATION TO YOUR EMPLOYER FOR AN ATTACHMENT OF EARNINGS.
-SIEZURE OF YOUR ASSETS BY A COUNTY COURT BALIFF.
-A CHARGING ORDER AGAINST YOUR PROPERTY, (IF OWNED BY YOU)
IF YOU ARE NOT RESIDENT IN ENGLAND OR WALES LEGAL/ENFORCEMENT ACTION WILL BE IN STRICT ACCORDANCE WITH THE LAWS RELATING TO THE COUNTRY OF YOUR RESIDENCE.
PLEASE TAKE TIS FINAL OPPORTUNITY TO MAKE CONTACT.
yours faithfully, The Litigation Department.
do i reply to this letter too/doi contact and report them in case they go any further/will they go any further, as its been sold to them or do they have to give the debt back because i dont now if they can one its been sold on....but it was sold on after they defaulted on my cca request/and committed criminal offence. the original DCA time was up on the 24/september/07
help, please. stuck on this. dont want to go to court.:cry:
Send the letter HAK posted (one of mine) 1st crud cannot take any action while the account is in dispute.
Their letters are simply designed to scare you.
thank you for your letter dated 17/nov/07. a copy of our complaints proceedure has been sent under separate cover.
please be advised that we purchased the account in good faith from our client in october/07 and were not aware of any sispute you may have had with them.
we have reverted to our clients for their comments.
in the event you may remain dissatisfied with our response , you may refer the matter to the financial Ombudsman service within six months of the date of this letter.
a copy of their leaflet is enclosed.
thank you for your letter dated 17/nov/07. a copy of our complaints proceedure has been sent under separate cover.
please be advised that we purchased the account in good faith from our client in october/07 and were not aware of any sispute you may have had with them.
we have reverted to our clients for their comments.
in the event you may remain dissatisfied with our response , you may refer the matter to the financial Ombudsman service within six months of the date of this letter.
a copy of their leaflet is enclosed.
yours sincerley.....
????????
Utter Ball Hooks
Wait til they send you something more substantial before we look at responding,
that response is as much use as a kick in the groin
recieved the complaints proceedure from 1st credit
DEAR XXXXX 27/11/07
RE, COMPLAINT
WE ACKNOWLEDGE RECIEPT OF YOUR COMPLINT. IN ACCORDANCE WITH REGULATIONS WE HEREBY DETAIL OUR COMPLAINTS PROCEEDURE,
1ST CREDIT LTD COMPLAINTS PROCEEDURE
1/ COMPLAINANTS WILL BE ASKED TO PUT THEIR COMPLAINT IN WRITING. THIS WILL BE TO ENSURE NO MISUNDERSTANDING OCCURS AS TO THE EXACT NATURE OF THE COMPLAINT. A COMPLAINT FORM WILL BE PROVIDED IF REQUIRED.
2/ ALTERNATIVELY THE COMPLAINT WILL BE DEALT WITH BASED UPON VERBAL COMMENTS.
3/ A WRITTEN ACKNOWLEDGEMENT OF A COMPLAINT WILL BE SENT TO THE COMPLAINANT WITHIN 10 BUSINESS DAYS OF ITS RECIEPT, GIVING THE NAME OR JOB TITLE OF THE INDIVIDUAL HANDLING THE COMPLAINT FOR THE COMPANY. IF A FINAL RESPONSE CAN BE PREPARED WITHIN 10 BUSINESS DAYS OF RECIEPT OF A COMPLAINT, THE COMPANY MAY COMBINE ITS ACKNOWLEDGEMENT OF THE COMPLAINT WITH THE FINAL RESPONSE.
4/ COMPLAINTS ARE INVESTIGATED BY A DESIDNATED PERSON WHO HAS THE AUTHORITY TO SETTLE THE COMPLAINT, OR HAS READY ACCESS TO SOMEONE WHO HAS THE AUTHOURITY.
5/ WITHIN 4 WEEKS OF RECIEVING A COMPLAINT 1ST CREDIT LTD WILL SEND THE COMPLAINANT EITHER,
a) a final response which sets out the final view on the issues raised in a complaint and whether,
The complaint is accepted and, where appropriate, the redress, or, the complaint is rejected, and, where appropriate, the redress, or, the complaint was rejected with reason for rejection.
b) a response which, explains that 1ST CREDIT LTD is not in a position to make a final response, the reason for the delay and when it is expected to be able to provide a final response.
OR
c) at the end of eight weeks after its reciept 1ST CREDIT LTD will send the complainant either,
1)a final response, OR, 2)a response which,
*explains that the firm is still not in a position to make a final response, gives reasons for the further delay and indicates ehen it expects to be able to provide a final response, and,
*informs the complainant that they may refer the complaint to the Financial Ombudsmam Service if they are disatisfied with the delay and encloses a copy of the Financial Ombudsman Service's explanatory leaflet.
WE ACT ON BEHALF OF 1ST CREDIT LTD WHO HAS INSTRUCTED US TO WRITE TO YOU CONCERNING THIS SERIOUSLY OVERDUE ACCOOUNT. YOU WILL APPRECIATE THAT THE DEBT HAS BEEN FORMALLY ASSIGNED TO OUR CLIENT BY BARCLAYCARD./
UNLESS FULL PAYMENT IS MADE TO OUR CLIENT WITHIN 14 DAYS FROM THE DATE OF THIS LETTER WE ARE INSTRUCTED TO ISSUE PROCEDINGS AGAINST YOU IN THE county court FOR RECOVERY. SHOULD THAT STEP PROVE NECESSARY OUR CLIENTS CLAIM WILL INCLUDE STATUTORY interest, COPURT FEES AND SOLICITORS COSTS. IF JUDGEMENT IS OBTAINED AGAINST YOU THEN, AFTER A PERIOD OF 278 DAYS, IT WILL BE AUTOMATICALLY BE REGISTERED AT THE REGISTER OF COUNTY COUT JUDGEMENTS AND WILL HAVE ADVERSE AFFECT ON YOUR CREDIT RATING.
PLEASE NOTE THAT WE ARE NOT INSTRUCTED TO ENTER INTO CORRESPONDENCE WITH YOU REGARDING THIS MATTER PRIOR TO THE ISSUE OF LEGAL PROCEEDINGS.
ALL PAYMENTS AND COMMUNICATION SHOULD BE MADE TO OUR CLIENTS WHOSE ADDRESS IS 1ST CREDIT BLAH, BLAH, BLAH
YOURS LCS SOLICITORS
XXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXX XX
THEN I RECIEVED THIS ONE AFTER IGNORING ABOVE LETTER FROM THE LCS SOLICITORS.
PLEASE LET ME INTRODUCE OUR DEBT HELP TEAM TO YOU.
OUR DEPARTMENT HAS BEEN ASKED TO CONTACT YOU AND MAKE EVERY EFFORT TO REACH AN AGREEMENT TO CLEAR THE ABOVE DEBT.
OUR INTERNAL DEBT HELP OFFICERS ARE AVAILABLE TO DISCUSS THE MATTER WITH YOU IN A COUTEOUS AND CONSIDERATE MANNER.
IF YOU ARE CONSIDERING RE-MORGAGING YOUR PROPERTY OR TAKING OUT A LOAN TO CLEAR YOUR DEBTS PLEASE ADVISE US. OUR DEBT HELP OFFICERS HAVE FULL AUTHOURITY TO OFFER YOU A VERY GENOUROUS DISCOUNT FOR A PROMPT Full and final PAYMENY.
THEY HAVE ALSO BEEN GIVEN FULL AUTHOURITY TO DISCUSS AND AGREE A PAYMENT PLAN WITH YOU.
IF WE DO NOT HEAR FROM YOU WITHIN 14 DAYS OF THIS LETTER, THEN WE WILL ASSUME THAT YOU HAVE NO WISH TO DEAL WITH THIS MATTER.
THANK YOU FOR TAKING THE TIME TO READ THIS LETTER.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
I notice from your first letter that LCS solicitors' address is the same as that of 1st credit, they probably even share the same printer and toilet!
I also note from your second letter that Worst Credit are no longer openly suggesting you re-mortgage or re-finance to pay the leeches off, rather they are saying "oh... if you are just happening to be thinking of looking around for a new loan to pay us off...."
So they're still the same slimeballs they always were, but trying not to 'incriminate' themselves.
THE CREDITOR CLAIMS THAT YOU OWE THE SUM OF £1,428.95 FULL PARTICULARS OF WHICH ARE ON PAGE TWO AND IT IS PAYABLE IMMEDIATELY, AND TO THE EXTENT OF THE SUM DEMANDED IS UNSECURED.
THE CREDITOR DEMANDS THAT YOU PAY THE ABOVE DEBT OR SECURE OR COMPOUND FOR IT TO THE CREDITORS SATISFACTION.
SIGNUTURE OF INDIVIDUAL MR D SELLOCK
DATE 15/07/08
*POSITION WITH OR RELATIONSHIP TO CREDITOR - debt collection AGENT
* I AM AUTHOURISED TO MAKE THIS DEMAND ON THE CREDITORS BEHALF.
CONNOUGHT COLLECTIONS UK LTD, AIRPORT HOUSE, PURLEY WAY, CROYDON, CRO OXZ
TEL NO, 0208 253 0343
N.B. THE PERSON MAKING THIS DEMAND MUST COMPLETE THE WHOLE OF PAGES 1, 2 AND PARTS A,B, AND C ON PAGES 3.
PAGE 2 -
PARTICULARS OF DEBT
THESE PARTICULARS MUST INCLUDE A) WHEN THE DEBT WAS INCURRED B) THE CONSIDERATION FOR THE DEBT c) THE AMOUNT DUE AND DATE OF THIS DEMAND.
A - THE DEBT WAS INCURRED BY MONIES DUE UNDER A FINANCIAL AGREEMENT. THE DEBTOR IS IN BREACH OF THE REPAYMENT TERMS AND HAS FAILED TO ADHERE TO THE terms and conditions OF THE REPAYMENT ARANGEMENTS. THE DEBT HAS BEEN ASSIGNED AS SHOWN ON PART C (P3) HEREOF
B - THE DEBT IS IN RESPECT OF OUTSTANDING MONIES OWED TO THE CREDITOR BY THE DEBTOPR FOR NON PAYMENT OF A Barclays BANK AGREEMENT. THE BENEFIT OF THE DEBT HAVING BEEN ASSIGNED UNDER AN AGREEMENT TO 1ST CREDIT LIMITED. 5/12/2002
C - THE AMOUNT DUE AT THE DATE OF THE DEMAND IS £1,428.95
PAG3 3.....
PART A
APPROPRIATE COURT FOR SETTING ASIDE DEMAND
RULE 6.4(2) OF THE INSOLVENCY RULES STATE THAT THE APPROPRIATE COURT TO WHICH YOU WOULD HAVE TO PRESENT YOUR OWN BANKRUPCY PETITION IN ACCORDANCE WITH RULE 6.40(1) AND 6.40(2). IN ACCORDANCE WITH TRHOSE RULES ON PRESENT INFORMATION THE APPROPRIATE COURT IS YOUR LOCAL county court.
ANY APPLICATION BY YOU TO SET ASSIDE THIS DEMAND SHOULD BE MADE TO THAT COURT.
FOR CONFIRMATION OF YOUR RELEVENT COURT, OR IF YOU BELIEVE YOU HAVE GROUNDS TO SET ASSIDE THIS DEMAND, PLEASE CONTACT OUR OFFICE ON 0208253 0343
PART B
THE INDIVIDUAL TO WHOM ANY COMMUNICATION REGARDING THIS DEMAND MAY BE ADRESSED
IS MR D SILLOCK
PART C
FOR COMPLETION IF THE CREDITOR IS ENTITLED TO THE DEBT BY WAY OF ASSIGNMENT
RMA / barclaycard
The Consumer Forums
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Re: RMA / barclaycard
Originally Posted by conradsfate
