Collect Direct (UK) [barclays stockbroker debt] Court Action Warning

[Braveheart12]

Here is correct JPEG

 

This is strange letter I have just recieved

 

The unsigned letter is from a solicitor acting on behalf CDUK whos client is barclays. The letter also states that correspondance should be sent back to CDUK. I also noticed they are at different addresses. Has any had anything like this before?

 

 

Thanks

[Seminole]

Standard scare tactics. The letter may have been issued by CD themselves using GPB headed paper. Some lawyers allow their DCA clients to do this which is extraordinary given that they are supposed to do appropriate due diligence to make sure that the letters sent out in their name are factually correct.

 

You'll note the use of 'may' rather than 'will' throughout the letter. This is to allow them to not issue proceedings without any regulatory issues.

 

It's unlikely that this letter is the precursor to legal action. It's more likely to be an attempt at intimidation.

[Braveheart12]

Thankyou Seminole....I thought that would be the case. I am just a bit wary of not responding to their constant correspondance requesting full payment. If I did end up in court I want to be able to cover my ass. Like I said I have issued them full details of what I can afford to pay them on several occasions.

 

Also I was a little wary of these so called solicitors, as I never heard anything about them on CAG. I think they are a in house outfit who claim to be a seperate entity, as you say to issue scare tactics.

 

I am quite suprised that CDUK have not realised/concluded that I will not pay them anything more than that which I have already proposed!

[Braveheart12]

Not sure if CDUK have passed this back to Barclays Stockbrokers. I have just recieved the letter below from Matthew Arnold & Baldwin Solicitors.

 

Should I repeat my previous repayment proposals to them also. Is there anything I should do?

 

 

Thanks

[abbacus]

My OH had dealings with Collect Direct UK over a M & S unsecured loan. The woman at the DCA was a complete fool, despite allegedly having a law degree. We complained and in the end M & S took the alleged debt back off them and eventually admitted it was unenforceable through lack of CCA.

[Braveheart12]

She wouldn't happen to go by the name of Mrs Gallagher would she? She talks absolute nonsense and blatent lies. I've had a bit of fun when responding to some of her requests.

 

In this case I was not offered credit so I can't ask for a CCA and the usual rules don't apply. I have told them what I can afford to pay them along with a budget and they have not accepted this. I have repeated my offer on several occasions.

 

I can't see what they will achieve by taking me to court....I can still only pay what I first offered them!

[Braveheart12]

I'm just trying to put an appropriate responce letter together to send Matthew Arnold & Baldwin, does anyone have any suggestions as to what I should include?

 

Thanks

[the_shadow]

Hi,

 

Personally I'd just repeat the offer you've previously made but ensure you put something in that informs them that if they were to take court proceedings forward then a) they will only get what you can afford... i.e. what you've offered? and b)you will show all the correspondence and previous offers from yourself and themselves to a judge to counter any issue of costs

 

S.

Edited May 7, 2009 by the_shadow
Added key bit to hopefully counter CPR pre-action protocol threat

[Braveheart12]

will do! cheers Shadow

[dpick]

I would also include a months payment to the letter to show that you are trying to pay your debts if it ever goes to court and of course keep copy of payment etc.

 

dpick

[Braveheart12]

too late already sent it, although I did highlight the fact that I repeatedly offered them a replayment plan and again asked if their client would provide me with a paying in book or standing order details to allow me to start making these payments.

 

cheers dpick

[IdaInFife]

i personally would do as dpick has stated. if you send a payment proposal it is alwyas best to include the first payment and keep to your payment proposale whether they accpet it or not. It looks very good for you if they take it further and very bad on the dca/sol.

 

If you can forward a cheque or postal order and keep doing so . Did you state that you would pay this monthly etc if so then keep to your payment timescale.

 

ida x

[Braveheart12]

Yeah that makes sense, I'll follow up todays letter with another, including a cheque for the amount I have proposed. Should I send it to the solicitors or to Barclays Stockbrokers?

[IdaInFife]

too whoever is chasing you

 

 

ida x

[IdaInFife]

another thing , is the balance correct? no unexpected rise to any collection charge been added?

 

ida x

[Braveheart12]

No, the debt has been the same since Barclays asked CDUK to collect on their behalf at the begining of December 08.

[IdaInFife]

ok just checking

 

 

Ida x

[Braveheart12]

Looks like my lastest letter finally hit home, just recieved this below.

 

I think I'll agree and start paying the £10 a month, then offer then offer a reduced full and final settlement when I can afford to.

[the_shadow]

Looks like my lastest letter finally hit home, just recieved this below.

 

 

 

I think I'll agree and start paying the £10 a month, then offer then offer a reduced full and final settlement when I can afford to.

 

That looks like a "win" to me

 

Well done for holding out.

 

S.

[Braveheart12]

Yeah....I'm pleased with the outcome so far. Thanks

[babybear39]

Congratulations

[IdaInFife]

yeah like the 73p make all the difference

 

well done for keeping at them

 

ida x

[babybear39]

Pettiness springs to mind.

[the_shadow]

More likely their big calculators can only deal with rounded numbers

 

or rather they only have 10 fingers/10 toes... and were struggling with 9.27 worth of fingers/toes.....

 

S.

[Braveheart12]

Thanks for all your help.