Defaults on my credit file

[Gunner77]

Hi guys, I had a default on my credit file in respect of a Monument Card which they then sold onto a company called HFO Services who in turn defaulted me. I have subsequently managed to show Monument/Barclaycard that I had indeed sent them a cheque for full and final payment and also that they confirmed receipt of the cheque and letter at the time, back in Nov 06. Unfortunatley the payment was made by my father and unbeknown to me, the cheque was never banked and so the debt never settled. Now Monument/Barclaycard have accepted that I tried to settle this debt and have removed the Default from my record, but HFO services have brought in a company called Turnbull Rutherford who are threatening me with court etc. What can I do? Surely Monument/Barclaycard have a duty to admit that they should not have sold the debt on? What can I do? HFO are willing to accept £859 as full and final settlement, is there anyway I can get them to remove the default if I agree to pay?? PLEASE CAN SOMEONE HELP??? It seems now when I call Barclaycard/Monument they have no record of the account, what can I do????

[dx100uk]

dont pay them a penny!

 

they are a DCA and have NO LEGAL POWERS!!

they can threaten what they like, its just words!

 

CCA them that should put a spanner inthe works

 

dx

[Gunner77]

Hey sorry but what's a DCA? Thanks? Just worried about the threats and the letters from this law firm??

[dx100uk]

debt collection agency [or their solicitors in sheeps clothing]

 

CCA them, their threats are hollow

they have NO legal powers

 

dx

[Gunner77]

Thanks for that I was also wondering how 1 company can default you on a debt and then sell that debt on and the new debt owner can default you? So what should I do next? They have badgered me and scared me into agreeing to settle, although I have not paid. Can I get them to remove the default and you are certain they cannot move the account to a CCJ? Please need help/advice as they say I have until 7pm tonight to settlt the debt at £859 or they will pursue through the courts and add charges etc!!!! Please help I am just not sure what is best to do.

[postggj]

pursue through the court

hang draw and quarter if not paid in 24 hours

 

where have i heard that before from these commission hungry muppetts

 

sit down, take a deep breath

 

this is the norm

ignore there threats

 

i take it you have confirmation monument received the cheque in writing

if they did not bank it, not your fault

default should be easy to get removed

 

remember you are dealing with pond life now

 

if they call again, refuse to answer there security questions and repeat after me

 

EVERY THING IN WRITING

 

PLEASE CONFIRM YOU HAVE A WRITTEN RECORD ON RECEIPT OF CHEQUE BY MONUMENT

[Gunner77]

Sadly not, only verbal which Monument/Barclaycard accepted as I also paid off a Barclaycard debt at the same time. I had confirmation verbally that my debt with Monument has been settled, even thiough I have not paid them. Shall I try and get them to issue this in writing? As they now have no record of my account what can I do? HELP!!!!!

[postggj]

still dont panic

ill give you a template in a mo

its a request for your agreement

its will get these muppetts off your back for a while

 

the second template is an sar

 

this will give you all the info monument/barclaycard have on you

 

in this we will be after the computer screen shots showing payment received

 

dont tell them this

an sar is worth its weight in gold

[Gunner77]

Thanks, got to go now, as still at work. if I just tell them I will contact them tomorrow when they call is that ok? Or what should i say? Thanks.

[postggj]

Ask your creditor for a copy of your credit agreement under the Consumer Credit Act 1974

 

 

1 High Street,

Newtown,

Kent

R21 4RH

 

June 28, 2006

 

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

Mr A N Other

 

send this to the dca by recorded delievery

print your name, never sign

[postggj]

Subject Access Request under the Data Protection Act 1998.

Please supply me with a complete list of transactions and charges relating to my credit card history with xxxxxx . Alternatively, a complete set of statements that include all transactions, late payment fees, over limit fees, all interest & charges for that period will be acceptable. In addition please supply copies of any default notices issued in this period & any other documentation or information pertaining to me that you hold in your records.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with your company.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

 

If this account has been sold or otherwise transferred to another organisation for administration or recovery please supply details of the sums notified by xxxx to any such organisation & a signed true copy of the Notice of Assignment. Please state whether this was absolute or equitable.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

[Gunner77]

Ok so what shall I do tonight? Should I call them or ignore their calls and get this letter sent off?

[postggj]

the sar goes to monument/barclaycard

recorded delievery

print dont sign

use postel order

include any account numbers

[postggj]

like i said

if they call

repeat every thing in writing

ignore there security questions

they will put the phone down

[postggj]

remember

sar to monument/barclaycard

cca request to the dca

[Gunner77]

Thank you all so much. I will do this first thing tomorrow and then I hope you can all help me with what to do next. They scare you half to death with their threats and aggression.

[sam614]

dont call them..if the call do not go through security .do as postggj says.tell them to put in writting,and send cca off as soon as poss.

[postggj]

remember gunner

 

its all mind games

 

they are very good at that

 

there threats are very hollow

 

pure crap

[Gunner77]

Hey thanks for that, I did as you said and they hung up. I then called Barclaycard/Monument and after much toing and froing I spoke to a supervisor who advised that as far as Barclaycard are concerned they cannot find any trace of the account, even though it started on 13/01/2005. She advised that they hold account records for 6 years and it would appear that this account has been lost. She has escalated my query and I await a call from them to confirm what is going on. Now if Barclaycard/Monument have no record of this account then surely HFO cannot lay claim to anything? Please help, I am shortly looking to buy a house and need this resolved ASAP. Many thanks for all your help on this forum.

[Gunner77]

Have this morning received a letter from Turnbull solicitors saying that HFO are now going to take me to court within 7 days, should I not settle the account. They have enclosed a list of all their charges. What should I do??? HELP PLEASE!!!! Scared as to the implications, they suggest I could lose my job etc over this???

[Nottsdave]

Hi

 

More mind games Im afraid, wait for reply to your CCA request.

 

I suggest that you will win the lotto this week do you beleive me ? No , then why beleive them.

Its just bulls**t to get you to pay.

 

Hold tight.

 

Notts