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

[citizenB]

subscribing.

[alfwithhair]

Hello all,

 

This post has become somewhat hi-jacked with irrelavent postings, but if you look back to my post #88 you will refresh yourselves with the case.

 

Since I involved Trading Standards last year regarding RMA/NCO's practices, it all went quite. Then I received the letter from Barclaycard enclosing a second copy of my so called CCA (see post # 88

 

Since that letter I have heard nothing until yesterday, when I received a letter purporting to be from Barclaycard. However I do not beleive for one minute that it came from Barclaycard.

 

It is on Barclaycard headed paper with 5 different font sizes of print and is a poor half faded photocopy, but the return address on the envelope is;

 

PO Box 278, Reigate, RH2 7WB.

 

The Barclaycard address on the letter is;

 

Barclaycard Collections, Barclaycard House, Norwich Way, Liverpool, L32 8UY.

 

I have never seen this address before on any letters relating to Barclaycard. There is NO telephone contact number show.

 

The body of the letter states;

 

Dear Mr XXX

 

RE: Your agreement with BARCLAYCARD

Relating to account Number XXXX XXXX XXXX XXXX

Balance Outstanding £X,XXX.XX

Our Ref: XXXXXXX

 

We hereby give notice of the assignment of the debt due to us by you in resect of the outstanding balance on your BARCLAYCARD account.

 

On 10/04/2008 your account was assigned to 1st Credit(Finance) Limited who are now the legal owners of the debt.

 

All further communication must therefore be addressed to 1st Credit (Finance) Limited at the address below:

1st Credit (Finance) Limited (OH LOOK, SAME ADDRESS THAT IS ON BACK OF THE ENVELOPE)

 

PO BOX 278

Reigate

RH2 7WB

Phone 0870 164 2041

 

Signed by someones swiggle, and no printed name

Head of Recoveries.

 

Now if this Notice of Assignment hasn't been sent by Barclaycard, which I doubt it has. Is this Notice valid?

 

Also I was told in writting months ago by Barclaycard that they no longer managed the account and to contact RMA/NCO, who at the time also reckoned they were the legal owners. This being the case should it not have been RMA/NCO who wrote to say it had been assigned to 1st Credit not Barclaycard?

 

I have had no demand for payment yet from 1st Credit, but I am sure it is only a matter of time, as one of the monkeys rang the other day, but I refused to answer security so he said "Stupid man, I will write to you"

 

What are 1st Credit like to deal with? The same as all the other desspot DCAs'

 

If this letter was not sent by Barclaycard, by impersonating another company are 1st Credit not conmitting a fraudulent act?

 

Any advice with this would be most welcome.

Alf

[ODC]

1st Credit are very similar to RMA/NCO in their behaviour towards alleged debtors. They certainly wouldnt win any prizes for manners or politeness. Still if RMA/NCO couldnt provide a proper CCA then there is little hope of 1st Credit producing one.

 

As for the letter purporting to be from Barclaycard this was probably a scanned copy of the barclaycard logo which they photoshopped to CONcoct a letter

[alfwithhair]

As for the letter purporting to be from Barclaycard this was probably a scanned copy of the barclaycard logo which they photoshopped to CONcoct a letter

 

If this is the case, is it not fruad?

[ODC]

I would assume it is. You could of course photocopy the letter and ask Barclaycard to comment on its validity

[The GodMother]

that would be a good idea ODC.

 

I would then if barclay card admitt it is not valid report the fraud to the police.

[citizenB]

that would be a good idea ODC.

 

I would then if barclay card admitt it is not valid report the fraud to the police.

 

And of course Trading Standards

[The GodMother]

That goes without saying citizen

[alfwithhair]

Well I have indeed recieve my first written communication from 1st Credit today, dated 15/04/08.

 

Dear Sir/Madam (not even a name)

 

Re Your agreement with BARCLAYCARD (which agreement is this the one they could not supply)

 

Relating to Account number XXXX XXXX XXXX XXXX

 

Balaance outstanding £ XXXX. XX

 

We write to introduce 1st Credit Ltd to you. (How kind)

 

BARCLAYCARD has assigned to 1st Credit (Finance) Ltd the full outstanding balance due under the agreement referred to above. As a result of this assignment, the full amount outstanding is due to 1st Credit (Finance) Ltd immediately.

 

As the outstanding balance is owed to 1st Credit (Finance) Ltd you should not make any payment to BARCLAYCARD (Don't worry, I won't) as it will take significantly longer to process the payment into your account. To discharge your outstanding balance, you now need to make payment direct to the appointed serviceing agent 1st Credit (Finance) LTd at the above address.

 

You should contact this office immediately 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 acordance 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 computer system.

 

Send your request along with the administration fee of £5.00 ans a sae to the above address.

 

PLEASE DO NOT IGNORE THIS LETTER

 

We look forward to hearing from you.

 

Yours faithfully

MR NOBODY

On behalf of 1st redit Ltd

 

So what reply do I send to this lot, just the usual account is in dispute with the OC and previous DCA. Go Forth?

 

Comments welcome please.

 

Alf

[ODC]

Thats all you need to do Alf. As you know the account should not have been passed on while in dispute. You could always ask 1st Crud when did YOU give them permission to process your data

[rory32]

Hi Alf. In response to your PM, as CB said earlier, the agreement is completely unenforceable. The prescribed terms can not be contained in a seperate document.

[ODC]

Rory

 

On that- can the prescribed terms be on the back of the sheet or does all have to be on the one side of the sheet

[rory32]

It depends when the agreement was taken out. In pre 2005 agreements the prescribed terms do not have to be on the same page as the signature. The 1983/1553 allow the signature to be contained anywhere within the agreement document which could run over several pages.

 

This oversight was remedied in the 2004/1482 regulations which includes the stipulation that the signature is contained within the solid block together with the prescribed terms (schedule 1 information).

 

However, nowhere in these regulations has it ever stated that part of the agreement can be presented in a seperate document.

[alfwithhair]

Thanks for that ODC and Rory.

This leads to the question of what, if anything was printed on the back of this so called 'Application Agreement'

If it transpired in court that the original did I fact have the terms & conditions on the back, I would presume the judge would grant enforcement, but as they only every send copies of the front, we have no way of knowing.

I also note from B/C's letter that my account has been terminated? I though they had to have issued a valid default notice in order to do this? Not one of Mercers rubbish that doesn't conform to the regulations.

Thanks again for the info guys

Alf

[alfwithhair]

Well wrote the the 1st Credit crew on 17th April.

Got a reply this morning.

 

Dear SIr/Madam (they still can't manage to address me by my name)

 

We refer to your recent communication requesting a copy of the relevent agreement. (WRONG - I told you the account was in dispute with the OC, no CCA sent after request last Sept and no default issue. Told you to return the account to OC for resolution)

 

We will shortly be advising our client (Client, you said you owned the debt last week?) of your request (Didn't ask you to do this) and the document will be sent to you (WILL be sent, you are very confident, I hope you don't mean another copy of the application form that has been sent twice) This process may take at least six to eight weeks. (Having a laugh arn't you - 12 days is the limit and that ran out last year)

 

Should your request also include the below documents (Hello, what request, I didn't make any) please be advised of the following:

 

Deed of Assignment-we would refer you to Section 136 of the Law of Property Act 1925 which provides that the debtors is notified of the assignment of the debt in writing and not a copy of the deed itself. (Well as I never asked about a DOA, what are you on about, you sent some dodgy looking letter of assignment purporting to be from B/card last week. But I don't think for one minute B/card every sent it)

 

Copy statements-there is a charge of £10.00 for this information (Didn't ask for these either)

 

On receipt of the copy agreement we would expect you to contact this office immediately to arrage settlement of the debt (There you go again, 'UPON RECEIPT' of the agreement, more assumptions that something enforceable will be produced)

Please call this office should you wish to discuss this matter (No thanks, after reading your letter it would be like banging my head against the wall, so I will give it a miss)

 

Yours faithfully

Mr knowbody

ADMIN DEPT

 

Are these jokers for real? Or is this just a template letter that they send out to everybody that writes to them. They haven't answered one single question they were asked or attemped to resolve the complaint.

 

Waste of space like most DCA's

[dpick]

Hi I think a copy of your original letter to 1st Credit and write accross the top "READ THE FLAMING LETTER"

 

all the best dpick:)

[citizenB]

Hi I think a copy of your original letter to 1st Credit and write accross the top "READ THE FLAMING LETTER"

 

all the best dpick:)

 

Oh you dont know how many times I have wanted to include something like that in my letters to some of these morons

[The GodMother]

same ere.

 

one person has said to get them to read the letter put payment enclosed on the envelope

[ODC]

same ere.

 

one person has said to get them to read the letter put payment enclosed on the envelope

If you put PAYMENT ENCLOSED on the envelope you can be sure they will open it but as to whether anyone in the DCA will be able to read it thats another matter:rolleyes:

[The GodMother]

well we did not say they were actually able to read but being able to read it says payment enclosed would mean they learnt the basic requirements at DCA college

[ScarletPimpernel]

1st Credit are my new best mates. I suspect that they have a machine for opening envelopes, so their staff can spend their time being profeshunal, innit.

[Brassed off]

Methinks you been hangin' around with the wrong crowd SP - not like you to misspell stuff - either that or you've been on the "pop"

[alfwithhair]

I have just checked my credit ref files for this month and 1st Crud have entered a default on my file.

 

The default date is 5th April 2007, which is the date on the default notice sent by Mercer, which we all know is not worth the paper it is written on. Original default balance £0.00

 

But this was long before 1st Crud were on this account, it was passed to RMA first and no entry on my file from them. 1st Crud were only assigned this account 10/04/08.

 

However at the bottom of the entry there is only one black 'D' with the date 05/08 the month after they got hold of it.

 

Then three 'padlocks' with dates 06/08-07/08-08/08 marked 'status unknown'

 

Are 1st Crud allowed to enter a default under their company name when the default notice, although invalid is from a seperate company? ie Mercers

 

They still haven't supplied any infomation that they said there were obtaining from their client disputing the liability from April this year, not heard anything from them since.

 

Is it worth having a go at them to remove this, or a waste of time?

 

Thanks

Alf

[The GodMother]

u can try but u can also have a notice of dispute put on and that way they will look stupid.

 

i would have something like.

 

Disputing this as they are curently try to collect on a zero balance account barclay card have numerous times admitted no balance but 1st credit dont care.

[alfwithhair]

u can try but u can also have a notice of dispute put on and that way they will look stupid.

 

i would have something like.

 

Disputing this as they are curently try to collect on a zero balance account barclay card have numerous times admitted no balance but 1st credit dont care.

 

Ok Chrissy, will give that a try then. Thanks for the advice.