Alf v Barcalycard - RMA - 1st Credit - Connoughts - Now Mack Hall

[B3rty]

sub..

[PhiltheBear]

sub

[alfwithhair]

Well fairly rapid reply from the Crudders this time, however it appears to be just more waffle aimed at confusing the matter further.

 

 

Now they again are still insistant that the account is NOT in dispute on the grounds of the copy documents and they have fulfilled their obligations.

 

They yet again say I have been supplied with 'a copy of the executed agreement' (but I haven't, only an application form containing non of the requied terms)

 

Terms and conditions (yes, a seperate sheet, that may or may not be relevant to the time of application)

 

and a statement signed by 1st Credit showing according to the information to which is practical for us to refer (which is as clear as mud, so don't know what the hell their talking about here, but would presume it was their last letter

 

 

Finally they are prepared to put the matter to a judge to make a decision.

MMMM, will they, won't they.

 

Is it best to wait and see if they show their teeth or get some form of reply off to them.

 

I sent the a CPR request in Nov 08 when they suggested they were to initiate legal action, but received no response whatsoever. Needless to say they didn't initiate anything and got CONoughts, Judge Preistley and later Muckys on the case. After complaining to the OFT and TS they recalled the account from Muckys and have started collection attemps themselves again.

 

Your comments would be most welcome.

Cheers

Alf

[ODC]

Look at it simply Alf. If the Reigate renegades were so sure of their case why would they have passed it to the likes of Muck Hall who are at the bottom of the DCA Dungheap. If their case was a good as they are pretending it is then they would have gone down the Legal route by now.

 

Ms Allingham is a best being selective and economical with the truth and is twisting the rules to suit their point of view. At worst she his deliberately trying to deceive you.

[PhiltheBear]

As they said in their letter that they are prepared to let a judge decide I would have thought that was sufficient evidence, should it come to court, that legal action was being considered. Therefore, in order to save the court's time etc. you should send them a disclosure request specifying exactly what documents you require but as part of that request stating that you already hold a copy of an application form and a copy of BC's Ts&Cs but specifically want a copy of a signed credit agreement.

 

They, quite clearly, can only produce the application form and Ts&Cs. Once you've had their reply proceed to court, as you have done pretty much everything humanly possible.

 

However, I'm not sure whether you should do this to 1st Credit or Barclaycard. I'd like to see 1st Credit stuffed but they are only one of the outfits BC uses. I got my paperwork from BC - although, bizarrely, I didn't ask them for it (I got it by threatening the latest DCA with joining them to a complaint against BC with the Ombudsman.)

[alfwithhair]

As I said before I sent them a CPR request in Nov 08 when they last indicated legal action would be taken, but received no response whatsoever. So the outcome of another request would probably bring no results, but will give it a go.

 

If they say they have complied with the CCA (which incidentaly was never sent to them in the first place, it was sent to RMA, who were chasing it at the time, some 12 month prior to 1st Credit alleged purchase) on what grounds is the account disputed on?

 

This companies rearly does my head in.

[alfwithhair]

Which is the correct CPR letter to send to these idiots?

3.14?

3.16?

or some other one, I am not particulary ofay with this type of request.

[The GodMother]

31.16 for a before legal action has started IF action has started 31.14

[alfwithhair]

thanks Chrissy

[alfwithhair]

A most interesting credit report this month (Sept 09)

First crudit have had a default registered on there since 5th April 2007, which is rather odd since they had not even been assigned it at that date.

However, there is a strange entry this month regarding the opening balance and the life time change.

They are the same amount?

No details of date account opened anymore or who the lender was?

Have they written it off?

 

Account Opened

Not Recorded

Last Updated

01 July 2009

 

Account Terms

Monthly repayments

 

Payments Started

Not Recorded

 

Opening Balance

£3,899

 

Current Balance

Not Recorded

 

Lifetime Change

-£3,899

 

Worst Status

D

 

 

 

 

A notice of default has been served. This usually arises from non-payment.

 

Default Date

05 April 2007

 

Removed from File

April 2013

 

Monthly Change

Not Available

 

Lender Address

Not Known

 

Lender Contacts

Not Available

[alfwithhair]

Well as usual instead of addressing my last letter (31.16 request) 1st Crud have decided to try intimidating me again with yet another buch of lowlifes.

This time SCOTCALL.

How many more people will they pass this round too, is getting beyond a joke now.

 

[PhiltheBear]

I had a similar experience so - I wrote to each successive 'debt collector' explaining that I had written to the original debtor (and the subsequent DCAs, which I listed) disputing the debt and that, as court action had been threatened I had requested certain documents from them. These had not been forthcoming.

 

Therefore, I required proof, in writing, from the DCA that they had now assumed the debt and if so, that they were now in a position to release to me the documents I required. Further, if they did not reply within 14 days I would add their name to a complaint I would be making to the Ombudsman and I would cite not only the DCA company but all individual directors thereof plus the person named on the letter they had just sent me. I also asked them to supply a written copy of their formal complaints procedure as required by the FSA.

 

I included the normal paragraph about doorstep collectors being trespassers, uninvited etc. and added that should anyone attend the premises that the DCA would agree to pay a fee of £250 for inconvenience caused by such a call. If a call was made by either one of their employees or an agent acting on their behalf that would be deemed acceptance of the charge. I sent it recorded delivery.

 

Amazingly enough they dropped out. I have the feeling that I've now exhausted all the debt collectors. But, if I haven't, I'm prepared to carry on.

[alfwithhair]

Well good old Snotcalls involvment was sort lived, just received an email from them

 

Good Afternoon

 

Thanks for attached, The account will be closed noting your dispute and

returned to our client, who will be in touch with you direct. We have no

further information on this account.

 

S White

ScotCall

3rd Floor

Spectrum House

55 Blythswood Street

Glasgow

G2 7AT.

 

LOL:D Better luck next time

[alfwithhair]

Has anybody noticed that 1st Credit have changed their automated response emails?

Now they fish for information. Sneaky sods

Just received this from them

 

Thank you for your email which is being processed and will be dealt with shortly.

If you are sending an email regarding a personal matter, as we are unaware of who has access to this email address, we will not disclose confidential information to the email address. If you are happy for us to respond to your query and to correspond in the future, to this email address, including disclosure of confidential information, we require your authorisation to do so

 

In order to provide this authorisation please send an email to [email protected] and confirm all of the following information

1. Name

2. 1st Credit reference

3. Date of birth

4. Current address

5. Email address you are authorising us to use

 

Failure to provide all of the required information will result in your authorisation not being accepted. Alternatively, you can provide the authorisation by contacting our office on 0843 320 0000 or by sending a signed letter to the following address:

1st Credit Ltd

P.O. Box 278

Reigate

Surrey

RH2 7WB

We aim to answer your query within 48 hours of receipt, however due to the large volume of emails we receive this can not be guaranteed

Thank you.

[NailPost]

I like this letter/e-mail they've sent out. We could use itto respond to cretins like debt collectors. It could ask for directors details and an assuarnce that any complaint filed subsequently would be dealt with by said director.

 

Their failure to provide all of the required information will result in the authorisation not being accepted.

[ODC]

Yes indeedy I think that would be an excellent thing to put on all correspondence with the Threat Centres

[ODC]

Well good old Snotcalls involvment was sort lived, just received an email from them

 

Good Afternoon

 

Thanks for attached, The account will be closed noting your dispute and

returned to our client, who will be in touch with you direct. We have no

further information on this account.

 

S White

ScotCall

3rd Floor

Spectrum House

55 Blythswood Street

Glasgow

G2 7AT.

 

LOL:D Better luck next time

 

Isnt it lovely whenever they bottle out at one email. I love emailing them using my cag email address

[alfwithhair]

Well heard nothing else from Snotcall since their email.

Reply from the Crudders this morning in reply to my letter telling them what is and what isn't a credit agreement.

 

 

So it would appear they are wobbling, nothing I can do now I suppose but to wait and see what their so called legal department have to say.

[ODC]

Dear Cretins

 

You may have exceeded the requirements of the various acts you quote by sending me an exact copy of what I allegedly signed but without ALL the Prescribed Terms it is still UNENFORCEABLE through the courts.

 

yours etc

[alfwithhair]

Dear Cretins

 

You may have exceeded the requirements of the various acts you quote by sending me an exact copy of what I allegedly signed but without ALL the Prescribed Terms it is still UNENFORCEABLE through the courts.

 

yours etc

 

Well they are correct in that they sent me 'an exact copy' problem is; it is a copy of an application form and although it is signed by me contains non of the prescribed terms. So ball is in their court now, or not as the case might be.

[beachcomber60]

Subbing to this one - Good Luck Alf

 

Now entering the same path, after 12 months of only T&C's barclayshark have supplied a microfiche copy of an application form (they admit misselling PPI but wont refund premiums - let alone interest)

 

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/191840-beachy-barclaycard-mercers-take-7.html

 

#133

 

Beachy

[alfwithhair]

Well heard nothing else from Snotcall since their email.

Reply from the Crudders this morning in reply to my letter telling them what is and what isn't a credit agreement.

 

 

So it would appear they are wobbling, nothing I can do now I suppose but to wait and see what their so called legal department have to say.

 

Just notice something on this lastest letter.

The 1st Credit Ref number is not the same as the ref number that has been on all thier other letters and is not the one I quoted in my letter either, so changed it for some reason or sent me someone elses reply.

Nothing would supprise me with this lot

[tosh1]

any update on this?

[alfwithhair]

Heard nothing from 1st Crud or anybody else since they supposedly sent it to there legal dept October 2009.

[Guest jsa12]

Thought the silence from Barclayshark was too good to be true.

This moring a reply to my letter of 03 Dec 07.

Now what they have sent it just another copy of what is in post#77, as Paul politly put it "A silly application form"

However this time there is a photo copy of some terms and condition relating I presume to the time it was taken out. These are in A3 format but there is know way of knowing if these were ever incorporated to the application form as they are implying. They still say they are enclosing a signed opening application form? and a copy of the executed credit agreement in the prescibed form? Where is is then. I see the same application form and a set of seperate T & C's?

Does the fact they have sent these T & C make any different to the fact that all they have sent is still a copy of an application form?

Would they be able to enforce what they have supplied in the courts?

Your help on this one would be very much appreciated.

Alf

 

as far as i am aware there has to be a link between the documents to be incorporated as one,my understanding is that the prescribed terms have to be on the same sheet as the signature.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?262275-Do-the-prescribed-terms-need-to-be-within-the-signed-CCA

 

this is amazing its been going on since 2007.