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    • no i meant the email from parcel2go which email address did they send it from and who signed it off (whos name is at the bottom)
    • I understand confusion with this thread.  I tried to keep threads separate because there have been so many angles.    But a team member merged them all.  This is why it's hard to keep track. This forum exists to help little people fight injustice - however big or small.  Im here to try get a decent resolution. Not to give in to the ' big boys'. My "matter' became complicated 'matters' simply because a lender refused to sell a property. What can I say?  I'll try in a nutshell to give an overview: There's a long lease property. I originally bought it short lease with a s.146 on it from original freeholder.  I had no concerns. So lender should have been able to sell a well-maintained lovely long lease property.  The property was great. The issue is not the property.  Economy, sdlt increases, elections, brexit, covid, interest hikes etc didn't help.  The issue is simple - the lender wanted to keep it.    Before repo I offered to clear my loan.  I was a bit short and lender refused.  They said (recorded) they thought the property was worth much more and they were happy to keep accruing interest (in their benefit) until it reached a point where they felt they could repo and still easily quickly sell to get their £s back.  This was a mistake.  The market was (and is) tough.   2y later the lender ceo bid the same sum to buy the property for himself. He'd rejected higher offers in the intervening period whilst accruing interest. I had the property under offer to a fantastic niche buyer but lender rushed to repo and buyer got spooked and walked.  It had taken a long time to find such a lucrative buyer.  A sale which would have resulted in £s and another asset for me. Post repo lender had 1 offer immediately.  But dragged out the process for >1y - allegedly trying to get other offers. But disclosure shows there was only one valid buyer. Lender appointed receiver (after 4 months) - simply to try acquire the freehold.  He used his powers as receiver to use me, as leaseholder, to serve notice on freeholders.  Legally that failed. Meanwhile lender failed to secure property - and squatters got in (3 times).  And they failed to maintain it.  So freeholders served a dilapidations notice (external) - on me as leaseholder (cc-ed to lender).   (That's how it works legally) I don't own the freehold.  But I am a trustee and have to do right by the freeholders.  This is where matters got/ get complicated.  And probably lose most caggers.   Lawyers got involved for the freeholders to firstly void the receiver enfranchisement notice. Secondly, to serve the dilapidations notice.  The lack of maintenance was in breach of lease and had to be served to protect fh asset. The lender did no repairs. They said a buyer would undertake them. Which was probably correct. If they had sold. After 1y lender finally agreed to sell to the 1st offeror and contracts went with lawyers.  Within 1 month lender reneged.  Lender tried to suggest buyer walked. Evidence shows he/ his lawyers continued trying to exchange (cash) for 4 months.  Evidence shows lender and receiver strategy had been to renege and for ceo to take control.   I still think that's their plan. Lender then stupidly chose to pretty much bulldoze the property.  Other stuff was going on in the background. After repo I was in touch by phone and email and lender knew post got to me.   Despite this, after about 10 months (before and then during covid), they deliberately sent SDs and eventually a B petition to an incorrect address and an obscure small court.  They never served me properly.  (In hindsight I understand they hoped to get a backdoor B - so they could keep the property that way.)  Eventually the random court told them to email me by way of service.  At this point their ruse to make me B failed.  I got a lawyer (friend paid). The B petition was struck out. They’d failed to include the property as an asset. They were in breach of insolvency rules. Simultaneously the receiver again appointed lawyers to act on my behalf as leaseholder. This time to serve notice on the freeholders for a lease extension.  He had hoped to try and vary the strict lease. Evidence shows the already long length of lease wasn't an issue.  The lender obviously hoped to get round their lack of permission to do works (which they were already doing) by hoping to remove the strict clauses that prevent leaseholder doing alterations.   The extension created a new legal angle for me to deal with.  I had to act as trustee for freeholders against me as leaseholder/ the receiver.  Inconsistencies and incompetence by receiver lawyers dragged this out 3y.  It still isn't properly resolved.  Meanwhile - going back to the the works the lender undertook. The works were consciously in breach of lease.  The lender hadn't remedied the breaches listed in the dilapidations notice.  They destroyed the property.  The trustees compiled all evidence.  The freeholders lawyers then served a forfeiture notice. This notice started a different legal battle. I was acting for the freeholders against what the lender had done on my behalf as leaseholder.  This legal battle took 3y to resolve. The simple exit would have been for lender to sell. A simple agreement to remedy the breaches and recompense the freeholders in compensation - and there's have been clean title to sell.  That option was proposed to them.   This happened by way of mediation for all parties 2y ago.  A resolution option was put forward and in principle agreed.  But immediately after the lender lawyers failed to engage.  A hard lesson to learn - mediation cannot be referred to in court. It's considered w/o prejudice. The steps they took have made no difference to their ability to sell the property.  Almost 3y since they finished works they still haven't sold. ** ** I followed up some leads myself.  A qualified cash buyer offered me a substantial sum.  The lender and receiver both refused it.   I found another offer in disclosure.  6 months later someone had apparently offered a substantial sum via an agent.  The receiver again rejected it.  The problem of course was that the agent had inflated the market price to get the business. But no-one was or is ever going to offer their list price.  Yet the receiver wanted/wants to hold out for the list price.  Which means 1y later not only has it not sold - disclosure shows few viewings and zero interest.  It's transparently over-priced.  And tarnished. For those asking why I don't give up - I couldn't/ can't.  Firstly I have fiduciary duties as a trustee. Secondly, legal advice indicates I (as leaseholder) could succeed with a large compensation claim v the lender.  Also - I started a claim v my old lawyer and the firm immediately reimbursed some £s. That was encouraging.  And a sign to continue.  So I'm going for compensation.  I had finance in place (via friend) to do a deal and take the property back off the lender - and that lawyer messed up bad.   He should have done a deal.  Instead further years have been wasted.   Maybe I only get back my lost savings - but that will be a result.   If I can add some kind of complaint/ claim v the receiver's conscious impropriety I will do so.   I have been left with nothing - so fighting for something is worth it. The lender wants to talk re a form of settlement.  Similar to my proposal 2y ago.  I have a pretty clear idea of what that means to me.  This is exactly why I do not give up.  And why I continue to ask for snippets of advice/ pointers on cag.  
    • It was all my own work based on my previous emails to P2G which Bank has seen.
    • I was referring to #415 where you wrote "I was forced to try to sell - and couldn't." . And nearer the start in #79 .. "I couldn't sell.  I had an incredibly valuable asset. Huge equity.  But the interest accrued / the property market suffered and I couldn't find a buyer even at a level just to clear the debt." In #194 you said you'd tried to sell for four years.  The reason for these points is that a lot of the claims against for example your surveyor, solicitor, broker, the lender and now the receiver are mainly founded in a belief that they should have been able to do something but did not. Things that might seem self evident to you but not necessarily to others. Pressing these claims may well need a bit more hard evidence, rather than an appeal to common sense. Can you show evidence of similar properties, with similar freehold issues, selling readily? And solid reasons why the lender should have been able to sell when you couldn't.
    • You can use a family's address.   The only caveat is for the final hearing you'd need to be there in person   HOWEVER i'd expect them to pay if its only £200 because costs of attending will be higher than that
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Barclaycard debt - no CCA - Do I CCA again? being passed around


andyb78
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Hi All

 

Last year i fired off CCA request's to the DCA that were handling my accounts.

Not one managed to return a copy of the credit agreement,

so I ceased payments as instructed on here.

 

two of the DCA's have now 'passed' my account on to sister companies to recover the debt.

 

My question is,

do I have to go through the CCA process again to get rid of these guys too?

 

I am also a little concerned that maybe the original DCA has received the original credit agreement

and as the time has lapsed they cannot use it,

 

but if they pass it on to a sister company and I CCA them, they then have the credit agreement waiting to reply!

 

Am I being paranoid?

 

Should I just ignore these new DCA letters or CCA them as before?

 

I guess this is normal process until I get the position of Statute Barred?

 

Many thanks for any advice given.

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I would suggest you start a new thread for each debt, with full details seperately, the more details given

 

the better we are able to advise.

 

General advice would be to not chase cca requests once made

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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All they need is the failed letter, and report them to the FCA for passing around a disputed debt.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Although there is a time limit on a CCA request it is never too late for them to reply , one of mine took over a year to arrive.

 

Just a simple

On xxxxxx i sent a S77-79 request to XXXXXX. To date they have failed to respond.

As such any alleged debt is unenforceable .

I refer you to the CCA S78(6) and S77(4) also to the FCA sourcebook CONC13 particularly 13.1.6

 

On a separate note sadly is is not classed as in dispute when there is an outstanding CCA request so there is nothing to stop them passing it around.

 

 

A disputed debt is one where you are being chased for a debt that is not yours,

you genuinely believe the debt is not yours or the amount being asked for is wrong

however for the last one it would mean admitting to some of the debt .

 

 

For more details see CONC 7.14.1

Any opinion I give is from personal experience .

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OK I'll edit that, complain to the FCA about them passing round an alleged debt without ensuring all the information relating to the account has

also been passed on, ie, CCA request received but not complied with, therefore IMO the account is in dispute.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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That's fine and I see where you are coming from, I was taking wordings from the FCA and DCG. I suppose it is all down to what communication you have had.

Any opinion I give is from personal experience .

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:thumb:

 

Give em no wriggle room, stay on top of them every move they make, and expose there every minor discretion,

get this corrupt rotten to the core industry cleaned up..

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I sent out half a dozen CCA requests last year and not one was adhered to.

 

I didn't send out the failure letters, as I read on here somewhere that it is not necessary, but I did keep all of the original CCA requests saved, so I know when they were sent.

 

Shall I send a CCA failure letter to the original DCA and request that as they have not conformed, the debt is in dispute and therefore it should not be passed to another collection agent?

 

Thanks for your help.

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I would just send a letter to the current DCA as outlined above . That is what I always do when they pass one of my many accounts around. It shuts them up for a while and either they comply or go quiet . Remember not to acknowledge the debt .

 

It seems to me that the CCA request is becoming one of our stronger weapons and it beggars belief just how little effort creditors put into getting it right

 

Edit removed

 

I think the above link sums up the arrogance of the debt purchase industry perfectly

Edited by Andyorch
External link removed.

Any opinion I give is from personal experience .

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Argument can be made for repeatedly sending CCA requests,

for sending only once [which is sufficient to protect oneself in court] or not to send at all unless / until legal proceedings beckon.

 

The last option worked perfectly well for my ex and me, and we're talking serious amounts, six figures.

 

 

Reached S B fine and dry on all except one, which required one single CCA when they launched proceedings in desperation,

due to my failure to engage in six years.

 

It's largely down to the individual's character, isn't it, and one's response to aggro?

 

Still I'm touched to read that DCAs have sisters. Do they have hearts too?

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Indeed yes arguments can be made for many actions

My personal problem was I could not stand the constant telephone calls and piles of letters every day so I became proactive and sent CCA requests

 

As for hearts I think they are made of stone but at least they are there unlike their brains

Any opinion I give is from personal experience .

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Bearing in mind that CCA requests are really only any good for pre 07 agreements, as post 07 Credit agreements are usually deemed compliant as they use a tick box.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Well actually not quite true or I don't think so

from 2005 a tick box could be used on an online application but they still needed an agreement with the PT's etc S127(3) and (4) have been repealed

 

From April 2007 they do not even need an agreement with the PT's

however if they can not comply with a CCA request they can not enforce a

nd with the new tougher regulations they should not even be issuing claims until the have complied.

In the old days they could issue a claim and provide the info up to the start of trial. the relevant parts of S77-79 are still there

Any opinion I give is from personal experience .

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  • 2 months later...

Reigniting an old thread,

but I have received the following letter from Barclaycard after submitting my CCA request

against an old Egg card account that they now own.

 

they have not met the obligation, but have given the account to Wescott to now chase me!

 

I was going to fire off a CCA Failiure letter to Barclaycard and let Wescott know about this too,

but before I do so, I just wanted the knowledgeable on this forum to offer any advice based on the letter,

just to make sure that I am doing the correct thing.

 

I did read on here that one guy sent a very strong letter asking for the debt to be written off when the CCA request was not met

and succeeded with all of his creditors!

 

 

There is no way that they are ever going to have a signed copy of the Credit Agreement,

and I doubt that they will have all of the payment history either,

so I cannot even be sure if I owe any money at all.

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far too small to read, please convert to pdf

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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the last line of Barclays letter contradicts the rest of their letter,

 

they have not fulfilled the requirements of s78(1),

 

Westcott imo can be safely ignored, no need for letter tennis at this stage

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Very easy, IMO I would simply ignore them, just file the begging missives under ignore... pointless getting into any game of letter tennis with them.

 

Sharklaycard are well aware of the state of play with this, so you could make a complaint to the FCA that they have passed a disputed debt to a

toothless DCA without making them aware of the details of the account and that it is unenforceable....

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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just ignore, how far off sb are you?

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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My last payments made to my creditors was June 2013, so not very far in.

 

 

All have failed on CCA,

 

 

only debt that I have to really oblige to is an overdraft,

as from what I discovered on here, it's not really contestable.

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well as previously said, they havent complied, so no need to chase

 

and wescott can be safely ignored at the moment

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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I guess that I'm still going to get the odd letter now and again from a DCA chancing their luck!

 

winters coming youll need something to start your kindling wood burning:wink:

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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