NO NAME DEBT COLLECTOR (For Barclaycard) SOLD TO LOWELLS/RED/HAMPTONS - NOW MUCK HALL /MERITFORCE

[teaboy2]

who's has inlawfully resinded the agreement, would thant be Barclayshark?

and at what point, when Alliannce one send the formal demand for the full balance, or when it was allegidly sold to lowells?

Or is that information irelevant to the losers at the moment?

 

it would be barclays that unlawfully terminated the agreement when they sold the account to lowells, Alliance's formal demand is irrevelavent with and invalid DN or prior to issuing of a valid DN and most the time its just a scare tactic.

 

But yes when barclays sold the account that is when the account was terminated and as they terminated the account with no valid DN being issued then its unlawful recission/termination of contract/account.

[diddydicky]

it would be barclays that unlawfully terminated the agreement when they sold the account to lowells, Alliance's formal demand is irrevelavent with and invalid DN or prior to issuing of a valid DN and most the time its just a scare tactic.

 

But yes when barclays sold the account that is when the account was terminated and as they terminated the account with no valid DN being issued then its unlawful recission/termination of contract/account.

 

following which the law requires you to do some act or thing to show acceptance of the rescission, failing which it may be assumed that the agreement endures

[teaboy2]

following which the law requires you to do some act or thing to show acceptance of the rescission, failing which it may be assumed that the agreement endures

 

yep thats right

[alfwithhair]

right got your point guys. Will cobble a letter together over the weekend. Maybe back to check a few facts.

Many thanks

[alfwithhair]

One thing has just occured to me.

By confirming acceptance of the rescission, is this not an acknowledgement of the debt?

I know the CCA request would be still outstanding, but by accepting the rescission I would then be liable for the arrears, or are they not collectable without a vaild agreement?

Sorry to keep asking, but want to be absolutely sure about what I am including in this letter.

 

Has been over 2 years since any payment was made on this, don't want to start the clock ticking again on a stutue barred limits

[diddydicky]

One thing has just occured to me.

By confirming acceptance of the rescission, is this not an acknowledgement of the debt?

I know the CCA request would be still outstanding, but by accepting the rescission I would then be liable for the arrears, or are they not collectable without a vaild agreement?

Sorry to keep asking, but want to be absolutely sure about what I am including in this letter.

 

Has been over 2 years since any payment was made on this, don't want to start the clock ticking again on a stutue barred limits

 

well, did you borrow money from them or not?

 

if they have statements detailing your use of the card it would seem pointless in maintaining that there was never a debt

 

what you are disputing is that the debt is not legally enforceable!!

[alfwithhair]

well, did you borrow money from them or not?

 

if they have statements detailing your use of the card it would seem pointless in maintaining that there was never a debt

 

what you are disputing is that the debt is not legally enforceable!!

 

Right got it now. Thanks again

[diddydicky]

you might find this useful for future reference (courtesy of x20)

 

The Defendant admits entering into an agreement with the Claimant and which was regulated by The Consumer Credit Act 1974 (The Act). No admissions are made as to the terms, conditions or other provisions of the agreement and the extent to which the Claimant may or may not have complied therewith and the extent to which the Defendant may or may not have complied therewith. Further and alternatively, it is denied that the agreement was properly executed and/or is now enforceable in whole or in part.

[alfwithhair]

Can you guys have a quick look over this letter tho lowells before I send it please, if there is anything incorrect or omitted, please feel from to edit it.

Many thanks

 

ACCOUNT IN DISPUTE

I DO NOT AKNOWLEDGE ANY DEBT TO YOUR COPANY

 

Acc No XXXXXXXXXXXX

Client Ref; XXXXX

Lowells ref; XXXXX

Dear XXXXX

RE: Unlawful Rescission

I am in receipt of your letter dated XX/xx/xxxx, the contents of which have been noted.

You say that on XX/XX/XXXX Barclaycard sold the above account to Lowells, thus terminating the agreement which I accept.

 

I am also rather bemused as to why this account has been sold to your company, as it is the subject of a serious dispute with Barclaycard and the previous Debt Collection Companies AllianceOne Inc and Moorcroft since September 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.

On 19 September 2007 I made a request for a true copy of my Consumer Credit Agreement to Barclaycard, under the legislation contained within section 77(1) and section 78(1) of the Consumer Credit Act 1974.

Under the terms of the above Act, a creditor has 12 working days to provide the requested document.

 

This deadline was passed a long time ago and all I have received is a mostly illegible photocopy of an application form. This can lead me to only one conclusion, that being that no signed credit agreement exists in relation to this account.

 

Barclaycard are 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. Consequentially any legal action your company pursues will be averred as both UNLAWFUL and VEXATIOUS. I will also drawn to the courts attention that you have been advised of the unenforceability of the agreement and if you do pursue litigation and the court is in agreement with my assessment I will make an application for costs due to the fact that the litigation will be averred as being vexatious and unnecessary

If Lowells 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 ONLY. Telephone calls and personal visits will not be accepted and viewed as harassment and will be reported to the relevant organizations.

 

Yours sincerely

[babybear39]

Spell check and it looks good to go

[alfwithhair]

I have just noticed something on the letter from the Leeds Losers.

It has there reference number (OK)

It has the OC as Barclaycard (it does not say if its Visa or Mastercard)

In the section where it says

 

"I write to inform you that your Barclaycard account reference number XXXXXXXXXX, this is an incorrect account number, only 13 digits not 16?

Does this make it better to say I don't know of any debt under this account number?

[alfwithhair]

Also the Home made notice of assignment on the Barclaycard headed paper has the wrong account number on.

only 13 digits again.

 

Does this mean I have insufficient information with which to identify the account?

[alfwithhair]

Bumping back to the top of the pile in the hope someone will comment on the lastest findings

[alfwithhair]

Bumping it up again, after advice regarding the last few posts about the incorrect acc number before sending the letter

[alfwithhair]

come on guys

whats the score with this Notice of Sale with wrong account number on it

Does this change things?

Should I still send the letter prepared on here earlier?

[postggj]

well its a crap copy

they have not complied with your cca request

 

assignment is crap for this reason

 

lowell baiting time or straight for the throat

[alfwithhair]

well its a crap copy

they have not complied with your cca request

 

assignment is crap for this reason

 

lowell baiting time or straight for the throat

 

Thanks for your reply

What I was getting at is should I actually accept the unlawful recission on the back of this crap notice of sale as the account number is not my barclaycard accout number. How can you accept something that isn't your account?

 

By replying am not stating I am aware of a debt under this account number?

 

I do know what the debt relates to, but this acc number of the homemade notice of sale is not correct.

 

There are so many new tricks been practiced by the DCA;s of late, I do not want to fall in to a trap

[postggj]

To Be Honest I Would Just Ignore Lowell Etc

 

Why Tip Them Off

[alfwithhair]

To Be Honest I Would Just Ignore Lowell Etc

 

Why Tip Them Off

 

So don't even reply to the clowns then?

Wait and see what there next letter contains.

After all it is their first letter and being xmas time and that things get lost in the post.

 

Can always crack on never received it.

 

Was just bothered about accepting the unlawful recission, as been advised it it best to write to them accepting it.

 

But its xmas, so f**k um, probably shut till 4th Jan after tomorrow anyway. Let um wait.

 

Thanks for your input

[DonkeyB]

I would imagine having an unrecognisable account number on correspondence is a de minimis issue, given the trail of paperwork involved. While it may be an issue technically, I doubt a judge would have much truck with such an point.

[alfwithhair]

I would imagine having an unrecognisable account number on correspondence is a de minimis issue, given the trail of paperwork involved. While it may be an issue technically, I doubt a judge would have much truck with such an point.

 

So I should still send the letter the Clownells, accepting the unlawful recission at point of sale. Should I use their incorrect acc number or the correct one?

 

Do I need to mention about Barclaycard still in default of my CCA request since 2007 at this point or not?

[postggj]

to be honest

 

just ignore

 

why tip them off

[MandM]

Subbing

[teaboy2]

So I should still send the letter the Clownells, accepting the unlawful recission at point of sale. Should I use their incorrect acc number or the correct one?

 

Do I need to mention about Barclaycard still in default of my CCA request since 2007 at this point or not? Yes make it clear in your letter along with unlawful recission but keep it breif and to the point.

 

Yes go with what was first advised. the issue about the account number will not change the fact that it was unlawfully termininated, and to go with the account numbers would just be like opening a can of worms (aswell as notifiy them that its wrong). Where with the unlawful terminiation you know exactly where you stand. So keep the issue regarding the account numbers in your pocket for now, as less they know the better.

 

OHH and simply use their reference number instead of account numbers, in the letter.

Edited December 23, 2009 by teaboy2

[alfwithhair]

Well didn't even get a chance to post a reply to Clownells first letter before the second instalment arrived.

They must be desperate to get payment in before the New Year, or there will be no staff party. LOL