Its Not A Crime! - BR 28 Feb

[pugsley]

most freeview boxes work with a a normal aerial with a booster on it, I do not have a roof aerial and mine works fine, I do have to have the aerial in the correct place though and as high as I can get it in the room

 

I actually watch tv on my pc most of the time anyway

[sisternumber1]

Still working on virgin media.

 

today received in the post from Barclaycard, who were supposed to be investigating fraud on the card, a letter headed "Final Response" from someone who calls themselves a "Customer Relationship Manager"

 

"Dear Daughter

 

.........

 

I understand that you have advised Barclaycard that there are transactions on your account that you wish to dispute as fraudulent transactions. I also note from your account that since the date of your complaint, we have been notified that you have been declared bankrupt. Please allow me to clarify our postion on this matter.

 

Firstly, please accept my apologies for the delay in responding to your complaint. I regeret that your account has been sold to Max Recoveries prior to you notifying us of your Bankruptcy. I can confirm that we have notified Max Recoveries of this development and regret that as they are now the legal owners of your account, you will need to contact them with any further queries that you may have.

 

You can contact tehm in writing at the following address:

 

Max Recoveries

Eversheds

Max

Fairfax House

Merrion Street

Leeds, LS2 8HE

 

Alternatively, you may wish to contact them by telephone on 0113 3893895.

 

I am sorry this is not the outcome you wanted, however I hope my explanation is helpful. For the purposes of the Financial Ombudsman Service you may regard this letter as our "Final Response" to your complaint.

 

You will find more information about the Financial Ombudsman Service in the enclosed leaflet. Please note you have six months from the date of this letter to refer to the Financial Ombudsman Service for investigation.

 

Yours sincerely

 

Cassandra Bailey"

 

Well I was gobsmacked, we were not told anything about this debt being sold on before bankruptcy, indeed them and their alter egos Mercers were still chasing right up to the banruptcy, and even more gobsmacked as this is actually with the FOS under investigation, it just doesnt add up. Will have to get all my paperwork out and map it out for the FOS again. I know its neither here nor there but I dont think they should get away with bending the facts, or will they be able to prove the facts, to make themselves look whiter then white.

 

Sorry confused, and do all bankrupt debts get sold on to Max c/o Eversheds?

[sisternumber1]

most freeview boxes work with a a normal aerial with a booster on it, I do not have a roof aerial and mine works fine, I do have to have the aerial in the correct place though and as high as I can get it in the room

 

I actually watch tv on my pc most of the time anyway

 

 

Pity, my daughter doesnt have a computer and you need at least a phone connection to be able view TV on the PC. So thats not the answer at the moment either, but she is still getting all the free channels down the cable at the moment, be interesting to see how long that lasts!

[fermi]

A large proportion of Barclays/Barclaycard debts that are included in a bankruptcy seem to be sold on to Max Recovery.

 

Max Recovery

 

Max Recovery Ltd is a debt purchaser with particular focus on bankruptcy and insolvency.

 

Established in 1992, Max Recovery is a wholly owned subsidiary of Bear Stearns & Co Inc, a major financial institution with $40billion in total capital and over 75 years of experience.

 

Max recovery was the first purchaser of consumer bankruptcy accounts and is currently the largest unsecured consumer bankruptcy creditor in the United States.

How long was it after the bankruptcy date that you notified Barclays/Mercers of it?

 

If they are attempting to claim that the debt was sold to Max before the bankruptcy, then I find this claim to be somewhat suspicious. I don't think Max would normally touch a "live" debt. As far as I know it is not the type of business that they go for.

 

If you didn't notify them of the BR immediately and they instead were notified by the OR or found out by other means, then their claim may make more sense. Even then they would have had to have sold on the debt at lightening speed.

 

In either circumstance I'm not sure that the bankruptcy or sale of the debt absolves them of responsibility with respect to the FOS complaint. But others here will probably be able to make more of an informed assessment of that.

[tiglet]

Selling the debt on has nothing to do with investigating your complaint - I would send that letter over to the FOS with a covering letter shapish.

[Hopeful1]

Selling the debt on has nothing to do with investigating your complaint - I would send that letter over to the FOS with a covering letter shapish.

 

I quite agree with Tiglet. It seems to me that Barclays are trying to shirk their responsibilities.

 

Also, they should be liasing with FOS if it is already in dispute. FOS advised me of this when they were investigating a complaint for me about B'clays and B'clays had sent me a threatening letter in the midst of it.

[The GodMother]

So exactly how many letters have u had from Max recoveries?

 

Also what are they doing about the fact there are fraudulant transactions as they cant sell a debt which is possibly fraud to a DCA as they will be ilegally collecting money on the account.

[tiglet]

Could it be construed that Barclaycard are accessory to a crime by doing this?

 

Perhaps legal bods will know.

[The GodMother]

Tigs l had not thought of that.

[tiglet]

Might not be the case, but at the end of the day, they have made money by selling this account - proceeds of crime act 2002 apply here, anyone?

 

It's not as if they are unaware of the situation regarding the fraudulent usage and have not stated when they sold the account, only that it was prior to knowing about the bankruptcy.

[sisternumber1]

I faxed a copy of the bankruptcy to all my daughters debtors within a couple of days. I am going into work to morrow to pick up the files so that I can actually look at exactly what happened when, there are a lot of letters, but I am sure that from when we received the statements in January we alerted Barclay card to the fraudulent use of the card as well as the police. The FOS and TS and OFT complaints went in before the bankruptcy, so yes it seems they sold the debt as they say before the bankruptcy, which doenst gel with the fact that they and Mercers were still chasing right up until the bankruptcy, and we were getting letters saying that they were investigating the fraud. I am sure that the OR said that we would have to comply with any ongoing investigation regarding the fraud, even though BC would not be able to get anything back from us.

 

We have not heard from Max Recoveries or Eversheds regarding this one, but the Virgin/MBNA balance was also sold onto to them and Max Recoveries who wrote to us and told us and also said that we should never hear from them again as they were dealing with the OR.

 

Seems all so very peculiar, and I am not very with it today - tiredness catching up.

[The GodMother]

So basically they are doing nothing about the fraudlent activity but passing it on to someone else then.

 

I smell a rat here. May just be me tho.

[sisternumber1]

letter received from Eversheds saying that they bought the debt on the 13th March. Bnakruptcy was obtained on the 27th February and I faxed them on the 3rd March 2008 - and I have the fax receipt - it was also posted on that day and I have the Recorded receipt. So they knew about the bankruptcy before they sold the debt, regardless of what their letter says.

[Hopeful1]

I think that's what you call 'banged to rights'.

 

It just goes to show how important it is to have evidence for everything you do when dealing these people - original creditors and DCAs alike.

[tiglet]

Personally, I would inform the police and the FOS, if not the FSA.

[The GodMother]

well thats a bite in Barclays/Mercers behind.

 

Nice to see the faulsehoods comming out.

[sisternumber1]

Just to let you all know my daughter is in the process of being discharged very soon, just got to send back income and expenditure form and the OR will start the process of discharging early. Of course her creditors can object if they wish, but I would guess that that would be pointless.

 

Yippee and thanks for all the help and encouragement every one has given me here.

[fermi]

I'm glad to hear that. Must be a big relief.

 

I hope things have improved for her in other respects as well.

[The GodMother]

Hi sister.

 

Glad things are looking better for u both. Hope here health improves soon.

[sisternumber1]

Oh how I wish that her health improving would be an option, unfortunately this will never be so, she will have some good days and increasingly more bad days, and so she will go on until he inevitable happens, of course this could be a few more years or it could be tomorrow. So we try to do the best we can with the time that is available. She is talking aout moving home, but she has to decide about her cats, I can take two more, but not five more! Live will be slightly easier when or if she moves home, only one house to clean! but it has to be her decision.

[The GodMother]

Yep it would be easier. I would love to help with cats but i already have one very teretorial cat and 2 dogs with 2 kids and the oh i dont think i can have anymore animals the eldest child 4 nearly 5 and OH are more like monkeys. The youngest child 6 weeks old is the best behaved.

[sisternumber1]

She has been discharged exactly 7 months to the day of being declared bankrupt.

 

That was a good bit of news a few days ago.

 

thank you every one for all the support both practical and emotional:D

[tiglet]

Well done. How is she in herself now?

[Hopeful1]

She has been discharged exactly 7 months to the day of being declared bankrupt.

 

That was a good bit of news a few days ago.

 

thank you every one for all the support both practical and emotional:D

 

That is great news for both your daughter and you after all the hard work you have done, not to mention all the worrying.

 

I hope she is ok.

[Goldlady]

So pleased for you both. Justice has indeed been done.