Jump to content


  • Tweets

  • Posts

    • @BankFodder sorry for the delay and thank you for the lengthy reply. Yes, I agree. It's a small business and the guy is very very decent. I know someone else said my priority shouldn't be worrying whether he gets shafted but I'm not here to try and screw him over because I feel like if someone behaves decently and gets exploited, they might not behave so kindly in the future. I know DX mentioned he thinks I've caused the issue by leaving multiple instructions, but I have already explained why and both instructions were to leave it with a neighbour and there was nothing advising the driver to abandon the parcel on my doorstep. I don't think leaving it there could be considered a safe place.  I am still waiting on the retailer to respond. Ultimately, I wanted to know how he would proceed if DPD's response isn't favourable. I am certainly not looking to cause any problems. I just want my laptop. I will read the other posts for sure. I've been a bit preoccupied with family stuff. I have nothing in writing from DPD as I phoned them, but they did advise it should be the retailer that liaises with them. I tried contacting the driver straight after deliver via Whatsapp, as that's an option, but it said I couldn't send him a message and I have kept that log. We all know who took the parcel on our street, because that person has a history of parcel theft, but I don't have a doorbell camera or cctv. Police are refusing to intervene, despite the fact that I, along with several other people, spotted another's neighbour's parcel in said "suspect's" car and confronted her to get the parcel back. If the police had acted sooner, I might have had a better chance of getting the parcel back, but I suspect the laptop has long been sold on.  When the retailer responds, I will send him the link to this thread. Hopefully, he will benefit from the information on here as well.
    • @dx100uk none of the instructions advised them to leave the parcel on my door step and without such instructions., I'm struggling to see why they think it's ok to just dump it there.
    • I have checked. No recording was triggered by the camera - I don't have loop recording, only proximity and vibration sensor triggered recording - abs and since he took photos from afar and did not physically touch my car - no recording was done. 
    • He also useing he girlfriend to phone and mesage people as well
    • No TIC sheet with journeys history as I can see within the letter pack. Should there be one? Maybe they didn't look into it thoroughly?  No other pleading letter, only the one from above.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Barclaycard and the DCAs


reduk054
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5662 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi All,

Please can someone advise me regarding my current position with Barclaycard and their DCAs?

I fell into financial difficulty last year, and could not repay the full amount each month to BC (I offered a £10 interim payment). Mercers got involved and tried to get more from me. I could not pay any more, and then RMA got involved.

Paid RMA £10 a month but then started to receive bullying phonecalls and letters, which ended up with me following CAG advice, CCA'd them, no response, and stopped paying them, then reported them to the local TS and the OFT.

I set up payments (which I could afford, but below the min monthly repayment) again directly to BC, without them sending me any paperwork (used internet banking).

At the weekend I received a call from 1st Credit, saying that they were dealing with my BC account, and could I confirm my details, which I did not. They said that they needed to confirm my address in order to know if I received their letter (which I have not). I would not confirm this over the phone. I have continued to pay BC directly.

So now I am a little concerned, as I have no written paperwork from 1st credit and I have read about their devious tactics from other CAG users and OH had to deal with them before his BR, and they were not very pleasant!

If I am paying the OC, then where do I stand if 1st credit continue to chase me? Obviously I am not going to enter any dialogue over the phone, but if they are saying that they have sent me a letter, and then decide that they are taking things further, then could I be leaving myself wide open? Its not even as if I have a letter from them to correspond back to (did not keep OH letters from them!!!)

Please could someone assist me further? As I am trying to repay the debt with BC direct!

Thank you

Red

Link to post
Share on other sites

  • Replies 116
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

A knotty issue there.

The problem as I see it is that B'card haven't acknowledged your payments.

 

Now technically as RMA have not responded to your CCA the account is in legal dispute and 1st Credit CANNOT demand any payments.

 

So to that end I would send them this, once their letter arrives.

 

Edit as needed

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection 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.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** 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.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

*- Delete as needed

Enjoy

  • Haha 1

Be VERY careful whose advice you listen too

Link to post
Share on other sites

I think that from what you have said CB, that i need to draft a letter to Barclaycard as well, as i have no contact with them for about a year directly. They are probably not aknowledging the repayments that i am making, or if they are, which they seem prone to doing, just dishing out my debt as they do not feel that i am repaying them enough!

At least then, BC will have something from me, explaining the story so far, and what i am prepared to do. Will scoot off to the NDL website for a little guidance!

And you are too modest!!! Credit where credit is due (LOL, I certainly wont be getting any credit - in a monetary sense hahahhahahhaha)

Red

Link to post
Share on other sites

Today I have received my first correspondence from 1st credit, plus a text message.

Their letter states :

We write to introduce 1st Credit to you. Barclaycard has assigned to 1st credit the full outstanding balance due under the agreement referred to above, as a result of this assignment the full outstanding is due to 1st credit immediately.

As the outstanding balance is owed to 1st Credit you should not make any payments to BC as it will take significantly longer to process the payment into your 1st credit account...

Link to post
Share on other sites

they then go on to say....

You should contact this office immediately so that we can agree payment terms with you, Failure on your part to dothis will result in a more formal recovery proceedings being taken against you.

In accordance with the DPA 1998, we will comply with any request for a copy of the personal info, about you that is held on our computer system, Send your request along with an admin fee of £5 and an sae to the above address.

please do not ignore this letter.

we look forward to hearing from you.

Link to post
Share on other sites

Hi Shirei12, thank you for posting with your situ. :)

I wonder which one of us will receive the first reply! Are you paying any DCAs of BC at present or BC direct? Would be interested to hear your side of things too!

I sent my letter recorded delivery to the PO Box address.

Feels better to have sent the letter though doesn't it?!

Red

Link to post
Share on other sites

Hi Shirei12, thank you for posting with your situ. :)

 

I wonder which one of us will receive the first reply! Are you paying any DCAs of BC at present or BC direct? Would be interested to hear your side of things too!

 

I sent my letter recorded delivery to the PO Box address.

 

Feels better to

have sent the letter though doesn't it?!

Red

Hi Red, Heres my story,

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/114828-barclaycard-non-exciting-default.html

and no I am not making any payments to anyone.I also sent letter yesterday by recorded-signed for. Lets see who gets the first reply and whether they will be the same.:D

Link to post
Share on other sites

Hi again Shirei12, thank you for the link, I have had a quick read, and will post on your thread with anything relevant to your situ!!

I received a phone call and a recorded voicemail message to my mobile, did you? Bet you are feeling left out if you did not! LOL :D

I did not pick up phone, or reply. Will now have to send them a do not contact me by telephone letter. Trolls.

Out of all of my OC, Bshark have to be the absolute worst. I pay them, and yet they still seem to palm my account off left right and centre to DCAs who are rude and abusive (at best). I am definitley complaining tomorrow against them. They just don't play fair!!! A change in circumstances to them just gets their claws out.

Humphhhhh. Bit cross today!

Oh well......at least I have the CAG!!!:)

Red

Link to post
Share on other sites

I have just printed off a copy of the harrassment by telephone letter, from the CAG templates library, ready to be sent tomorrow!

Boy do BC have a lot to answer for! And its not even as if that I am not paying them!!

Grrrrr

Red

Link to post
Share on other sites

Hi Ya! Bc really are a nightmare aren't they? I've only just seen this thread and having read it makes me more determined to ring FOS as you advised me to do on my thread.

 

Are you going to send a CCA request to 1st Credit as well or are you going to wait for a response to CB's letter first?

 

Good luck honey ;)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

Link to post
Share on other sites

Red as RMA have pooched your CCA you can legally cease payments to B'card.

 

Have you heard anything from 1st yet ??

Hopeful, it's best to wait for a response to my letter before we look at any further action.

Obviously this route only works when one collection party has ignored their legal obligation.

Be VERY careful whose advice you listen too

Link to post
Share on other sites

Thanks for that CB. I've realised it's something that may be useful for one of my 'issues' ;)

  • Haha 1

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

Link to post
Share on other sites

Hi CB, ODC and Hopeful1!

I have decided to continue to pay BC, as I do owe them the money, and if BC decide in their infinite wisdom to try and take things further (charge on property etc) then I feel that I have a better leg to stand on!! I have only CCA'd RMA after they started to throw their weight around, so seeing as no CCA has been produced in their instance, then I agree ODC, 1st credit are unlikely to produce one either, but I still feel that I want this debt repaid, but its a case of as and when funds will allow, rather than not at all.

I will not be sending 1st Crudit a CCA request at this stage! I think that the letter that CB has kindly posted and which i have sent will state clearly that this formal request has not been adhered to!

My gripe really is with BC and their attitude, and insistance of using DCAs to do the collections, hence my FOS line of thinking!

I am pleased hopeful1 that you are thinking the same, as BC really are backstabbers!

Facts yes I borrowed the money, and yes i was really well off at the time of credit and sucessfully paid them my full monthly amounts and sometimes more. Then I had the misfortune to be unable to pay, but sent my cut up card back, did not borrow any more money, and explained to BC my predicament. BC did not want to hear my troubles, so keen to lend with one hand and then slap me with the other! My personal details have been distributed to all and sundry, while I have tried to pay what i can afford.

Am so cross with them, and hope that the FOS will understand.

my ideal solution would be that BC accept that i am undergoing a difficult time, and to respect that fact, and not to keep insulting me with threats from their MIB!

Grrr!

Red

  • Haha 1
Link to post
Share on other sites

I agree with your stance her Red and it is very similar to my own.

I use my knowledge to have accounts passed back to OC's for action as I refuse to pay a DCA anything.

 

DC have passed my account to FOUR DCA's so far and NONE have supplied my CCA.

The really annoying thing is that BC owe me about £20 more than the outstanding balance, but they refuse to act in a considerate way.

 

Oh well this ones quite a game and to be honest I want one of these DCA's to take me to court as it will cost them dear ;)

Be VERY careful whose advice you listen too

Link to post
Share on other sites

Thank you CB, all we want is to be fair, shame that it cant be reciprocated by the big guys!

I just get disheartened when another DCA jumps on the band wagon, and I spend my precious time sending letters, when all I want to do is to pay what is owed, without wanting to feel like I am a bad person by these trolls!

Ho-hum, I will deal with the DCAs and see them off one by one CB! You are a great example, and an inspiration!

Red

Link to post
Share on other sites

Job Title: NegotiatorSalary: Annual Basic Salary plus excellent commission and benefits.Job Description:

As one of the foremost companies in the UK credit collections services industry, 1st Credit delivers ground breaking solutions to their clients.

 

You will be responsible for contacting our clients’ customers and arranging payment of overdue accounts.

 

We are currently looking to recruit highly motivated, tenacious and confident individuals who have a flair for problem solving. In addition you will need to have a professional telephone manner, an ability to communicate at all levels and good keyboard skills.

 

Saw this and had to share. A career prospect with 1st Crudit

Link to post
Share on other sites

Job Title: Negotiator PAIN IN THE BUM Salary: Annual Basic Salary CRUD, ALTHOUGH EXCELLENT EARNING POTENTIAL FOR EVERY PERSON YOU SQUEEZE A LITTLE MORE MONEY OUT OF plus excellent commission and benefits BEING AS NASTY AS YOU CAN, WITHOUT THEM BEING ABLE TO RETALIATE.Job Description:

As one of the foremost companies in the UK credit collections services industry, 1st Credit delivers ground (READ KNEE) breaking solutions to their clients.

 

You will be responsible for contacting (READ HARRASSING) our clients’ customers and arranging (HIGHLY INFLATED) payment of overdue accounts.

 

We are currently looking to recruit highly motivated, tenacious and confident individuals (AND IF YOU UNDERSTAND ANY OF THESE WORDS, THEN YOU ARE TOO INTELLIGENT TO WORK FOR US) who have a flair for problem solving. In addition you will need to have a professional telephone manner (AS LONG AS YOU DONT USE IT AT WORK), an ability to communicate at all levels (SWEARING ACCEPTABLE) and good keyboard skills.

 

Saw this and had to share. A career prospect with 1st Crudit

 

Sorry guys, just could not resist!

Red

Link to post
Share on other sites

15!!!! omg CB, that is a huge score! I think that you will go unchallenged withing CAG circles as being the highest ranking DCA killer (in a non-violent way of course!)

last count it was 6!

you bin them quicker than they spring up!

Are there any DCAs you have not had the "pleasure" of dealing with.

Great work CB!

Red

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...