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Psycho Bob :o)

Barclaycard, Cabot, Phillips & Cohen Asociates (UK) Ltd

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Hello all,

Here's an interesting one for you... it's a long post but worth it for shock factor alone. ( no skipping paragraphs or it'll not make sense )

 

in April 2007 my mum died leaving some debt, namely a balance with Cabot ( agreement was in place ) which came to them from Barclaycard ( personal loan ).

 

Both Cabot and Barclaycard where informed of my mums passing, and both requested a death certificate and an outline letter stating circumstances, whether there was to be an estate / probate etc, which there was not to be, and my letters to them stated so.

 

A few phone calls to see what was happening and a letter back from Emma Robertson at Cabot in August 2007 enclosing the death certificate confirmed they had updated their records.

 

It seams Cabot had given the debt back to Barclaycard.

 

Barclaycard dealings have a slightly longer timescale as they had 'misplaced' or lost the first death certificate ( sent recorded delivery ( sign for ) which shows online that it WAS delivered to them )

They asked again for a death certificate at the end of August 2007, and again one was sent recorded delivery.

It all went quiet ..... no thankyou, or death certificate returned etc..

 

On 12 December 2007 I got a letter from Barclaycard stating they where concerned that I had not contacted them in relation to the account!!! ( WHAT ? )

 

Furious inside, I calmly as possible wrote back and laid out the correspondence summary and dates to that point. They had 'lost' yet another certificate.

I sent a THIRD death certificate, and once again re-iterated that there was no estate, no will, no probate etc.

I let them know I thought their timing was callous and distasteful, with leaving it so long and then writing so close to the first christmas without mum here.

 

On 21st April 2008 I get a letter off Barclaycard with the death certificate returned, and they enclosed a 'customer feedback form' ( lol )

They apologize that I felt agreived at the situation and said they would keep my 'complaint' open for 8 weeks to give me time to consider their response.

 

With regards to the outstanding balance they informed me that the personal loans department would be in touch shortly to confirm what will happen with the outstanding balance.

 

Sure enough, on 26th April 2008 ( 364 days since mums death )

the Barclaycard Personal Loan department wrote to me to let me know the account was covered by the payment protection scheme and that the account would therefore be fully paid up, upon receipt of a cheque from their payment protection insurance company.

 

----------- still here? keep reading it gets Much better -----------

 

You'd think that's where it ends.. but nooooo

 

here comes Phillips & Cohen Associates.....

 

On the 7th July 2009 i get a double posting from Phillips & Cohen Associates ( gosh they must be keen, posting an identical letter twice on the same day )

 

The letter is addressed to the Executor of the Estate of the late xxxxxxx

 

Enclosed is a nice glossy leaflet entitled

"A Compassionate approach in your Time of Need"

along with a letter stating their 'client' CABOT have instructed them to deal with my mothers account !!!! ( WTF ! for want of a better expression )

 

it goes on with the usual :-

 

"We understand this is a very difficult time for you, and our intention is to assist you with the final affairs.

Our aim is to always offer the most appropriate advice and support during periods of difficulty and loss, to that end I have enclosed a guidance leaflet which provides details of the probate process, which you may find useful.

 

We will contact you shortly to discuss the account further and to offer any help and advice that you may need. If however, you have any questions, please feel free to call us on freephone 0800 030 4101 where a specialized member of staff will be available to help."

 

( awe how sweeet )

 

I just leave it thinking "whatever next" , because I know that it's all settled with Barclaycard, and that Cabot had it all sorted out back in August 2007.

 

TODAY 3rd Audust 2009, I get a letter off Phillips & Cohen Associates posted on 31st July 2009.

 

( i would scan it in but dont have a scanner so will have to type it out as best I can )

 

basically, the general layout of these types of letter...

 

Client: Cabot

File no,. xxxx

Account No. xxxx

Balance....over £4,5xx.xx!!! ( i'm not putting the balance here for obvious reasons...but that's not the total )

Original Creditor: Barclaycard.

 

"Further to our previous correspondence, we note that you have been unable to respond to our previous request for information. ( huh? that's a bit unfair considering the previous letters wording .. I've put those parts in bold for you )

We appreciate that this is a very busy and difficult time for all concerned and as such we would like to make available some options for your consideration.

 

Please understand that our intention is not to cause you any additional anxiety or distress.

In order to help bring this matter to a close we would like to make the fillowing options available to the Estate of the late Mrs XXXXXXXXXX

 

1. Send a payment of £4,xxxx.xx. We will then close the account as settled in full and no further action will be required.

2.Send a partial payment of £1,1xx.xx of the balance along with your proposal for a payment plan thereafter.

3. Call our office to discuss a proposal.

 

To discuss these options, please contact our office by telephone on freephone 0800 030 4101 quoting file number xxxxxxxxx as soon as possible.

 

and it signs off in the usual way...

 

IN THE SAME ENVELOPE.. i have an identical laid out letter, also stating Barclacard as the oiginal creditor and Cabot as the client, differnt account numbers ( but they do match previous Cabot correspondence and account info )

 

This letter wants a further Balance of £2,3xx.xx paying, so in total they're asking for over £7,000 !!!! when I KNOW the Barclaycard/Cabot combined balance was £5,6xx.xx.

 

What's that all about then ?

 

How is it that P & C A have gotten account details from an account that was closed back in August 2007 with Cabot ( returned to Barclaycard where it was then settled with the payment protection insurance )

 

I'm totally lost and as for the amount being over £7,000 I'm speechless.

 

I knew there where two seperate account files with Cabot and they where handed back to Barclaycard, but the total amount came to £5,6xx.xx

 

----------

 

See, I told you it was worth it.. good for you getting this far.

 

Now I'm stuck as what to do... it's not my debt...I know I dont have to repay any of it personally, and I know there is no estate, no funds etc.

 

I dont understand why I will now most likely have to send a cover letter to PC&A stating there is no estate or funds etc , when they should'nt have even had account details passed to them from an account that was given back to Barclaycard in 2007 and subsequentally settled in April 2008!

 

 

Please jot down your suggestions, comments, thoughts or whatever.. it's all welcome. and REALLY SORRY this post is So LONG!

 

I'm not in any emotional state to handle this right now.

Edited by Psycho Bob :o)
spelling corrections

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Just send the cretins a copy of the letter from barclaysharks stating that it was covered by the PPI & then make a complaint to TS & the OFT & cc your MP.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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Firstly, I am sorry all this has happened following your Mum's passing. It's a sad enough time without all this nonsense on top.

 

I wouldn't reply to any of them. I would send what what you have just said above to the Office of Fair Trading (OFT) by way of complaint and to the FOS (Financial Ombudsman Service) to let them sort it out. The FOS takes months to act but you will get a reply. Complain about the way you have been treated and ask the FOS to award you substantial compensation from all 3 agencies for the vexatious harrassment you have been subjected to since your Mum's death. What you have had to endure is absolutely scandalous.

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and don't forget to send it in triplicate as they'll loose the 1st 2 letters! Perhaps a week apart with "I notice I have not yet received an apology...please respond by return or I may take legal action that may result in the loss of your credit licence etc snd may result in significant adverse pulicity" well, you get my drift, don't forget to copy your MP, the press and your local press and Barclays CEO...


:lol:

Successfully claimed back mis-sold PPI (Barclays Bank) 2009-10 (£8500)

Ran a paid-for DMP. Deeply respect those who self-manage a DMP; it is possible to do with the help of fellow CAGGERS

Offered F&F to all my creditors. All closed out including a particularly intransigent and stubborn one - who eventually saw sense after 10 months of nonsense!

Does not condone debt avoidance but violently disagrees with the antics of debt collectors and their behavior towards the ones trying to pay. I am a great believer in what goes around, comes around. Keep up the good fight!

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I wholeheartedly agree! Complaining about these draconian companies will hopefully one day soon put them out of business, I will never understand why people would much rather treat animals better than they treat their own kind:-x

 

But here are the links to the organisations to get your complaint started, I also wouldn't have anything further to do with sharklaycard, or crapbot, let them stew in their own pish! Ignore any phone calls they try to make to you, and send them to Coventry:D

 

Financial Ombudsman Service

 

The Office of Fair Trading: Contact us

 

Consumer Direct they will in turn infor your local Trading Standards as well as sharklays and crapbots local TS too:D

 

Complaints - Privacy & electronic communication - ICO

 

How to Complain

 

If you need any further help, just shout back, there is always someone about to give you help...

 

Boo;)


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I unplugged the telephone way back in May 2007 as I could'nt take the constant ringing.

 

It's been unplugged ever since ( well actually, it's been used 6 times since May 2007 up to now, but it's promptly unplugged again, and those 6 uses have been to automated gas and electricity meter readings, I do not speak on the telephone )

 

I still have a phone line as I need it for internet access.

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PLEASE WITH REPECT TO YOUR MUMS MEMORY.

I would be bloody well claim back the ppi.

Please my heart goes out to you

The kindest regards

Lilly white


Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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Hi everyone, and thankyou for your comments and suggestions.

It looks like I will have to contact P&C A to first request their complaint procedure leaflet thingumy so that I exhaust all regular means of resolution before contacting FOS.

 

I've pillaged a letter from these forums and modfied it to suit to send P&C A. Let me know what you think, if I've left something important out, or if I should remove any part.

 

----------

 

WITHOUT PREJUDICE

 

Name: Mrs xxxxxxxxxxxxxx

AC no: xxxxxxxxxxxxxxxxx

AC no: xxxxxxxxxxxxxxxxxx

Client: Cabot

OC : Barclaycard

 

Dear Sirs

 

You have contacted me regarding the accounts with the above reference numbers, which you claim are owed by my late mother, who died insolvent, and without assests.

 

I would point out that the debt you claim is owed to Cabot was solely the responsibility of my late mother.

Since my mother did not leave an estate there is no money available for you to make a claim from.

I would also like to point out that the accounts where sent back from Cabot to Barclacard in August 2007, whereupon they where settled with payment protection insurance from Barclaycard.

 

This matter has been brought to my attention a full 27 months after my mothers death on ( xx/xx/xxxx )

It is my understanding that creditors have a six month period after the death of the debtor in which to make a claim for repayment from any estate which may have been left; as such, the debt had it still existed, would now be null and void, as covered by section 86 of the Consumer Credit Act.

 

I would like to highlight that you are attempting to claim after the expiration of the six month period.

 

I am familiar with the Office of Fair Trading Debt Collection Guidance, and the CCA.

 

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable.

In not ceasing collection activity on this disputed debt you are using deceptive and unfair methods.

 

Furthermore ignoring or disregarding claims that debts are now settled/invalid and continuing to make unjustified demands for payment amounts to psychological harassment. ( or should I use the term fraud! ?)

 

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my own or any of my surviving family members liability for the debt in question.

 

You should treat this letter as a formal complaint about your breaches of the OFT guidance.

By way of resolution I require written confirmation that the matter is closed. If you are unable to comply, please send me your complaints procedure.

 

I will be reporting your actions to Trading Standards; if you do not respond satisfactorily to this letter I will also make a formal complaint to the Financial Ombudsman Service, seeking substantial compensation for vaxatious harrassment, and pointing out that you seem to have been passed account details that where closed by Cabot in August 2007, and subsequently settled by Barclaycard payment protection insurance in April 2008.

 

 

I look forward to your reply.

 

--------------------------------------------

 

What do you think? too much ?

way off the mark?

have I messed up in legal terms anywhere ?

 

Mum died insolvent, we did'nt seek probate for that reason ( so maybe the 6 month thing does'nt count ? ) no adverts in london gazzette etc where placed.. the only thing was in our local paper giving date of death and where she was cremated etc.

 

 

Lilly White suggested I reclaim the PPi.. but surely that point is moot as it was the ppi that settled the debt? although, even if there was no PPi, the debt would be null on the basis of her being insolvent and with no estate.

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WITHOUT PREJUDICE

 

Just a small thing but I wouldnt mark it "without prejudice", as the debt is clearly not yours I cant see how you can prejudice yourself in any statement you make.

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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they cannot collect from you, and you cannot be held liable for the debt of a person that has passed away, personally, i would simply state this to any dca, along with a formal complaint to barclays, as the oc they have certain responsibilities to make sure the agencies they use are working within the law, then follow this up with complaints to all the regulatory bodies.

  • Haha 1

question everything!

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they cannot collect from you, and you cannot be held liable for the debt of a person that has passed away, personally, i would simply state this to any dca, along with a formal complaint to barclays, as the oc they have certain responsibilities to make sure the agencies they use are working within the law, then follow this up with complaints to all the regulatory bodies.

 

Thats a good point Izzi, the OC is ALWAYS connected to the debt in some form and shares responsibiltiies, perhaps a threat of going to the press and giving Barclays a bit of bad press after such a good week result wise is in order :-D

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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hi people,

 

I know tis is a little long, but please take the time to read it, as it is beneficital, and shud work for you.

 

heres a little tip i picked up - wont say where, but trust me, it will work - wen they phone you, and they will certainly try, and try, and try yet again - start off by listening to the crap that thry spew, tedious i know, but it makes them think that it will work.

 

after they have asked all their questions, calmly tell them, that there is no estate (make sure its the truth thou, as they can check) and then tell them that you do not wish to clear the account. they will tell you that they will do searches on the account - which means they willl look to see if an estate has been opened, and u just dont want to tell them, and they will do a land registry on the address that they have sent the first letter to, to see who owns it. tell them, thats fine. On the second call, they will confirm that they have finished the srches, and would you like to clear the account. Say no. They will then say, will have to luk into it, but can offer discount. If you want to clear it, then do so, but you have NO LEGAL OBLIGATION TO DO SO!!!!! When they have offered a discount, they will then offer a monthly payment plan to clear it - refuse that aswell, then tell them, that if they keep calling, you will go to the c.a.b for harrassment, and go to the local papers (at this point, start sounding irate, but dont shout, be stern. After that, they should close the account, as non-collectable, and you shudnt hear nefin else from them, as they are still new in this country, and dont want bad publicity, as am sure their clients wouldnt want to be splashed in the local paper - being associated with them!!!

 

thanks for taking the time to read this, and good luck, hopfully, you will all pass the word to others, and eventually, they will close down!!!

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