Gazab -v- BC Platinum a/c

[gazab41]

no afraid I have not as yet as was unsure who to send it too would guess it should of been calders after formal demand but not sure. please have look through my posts here and let me now which letter it relates to and who i need to send it too thanks.

[slick132]

I'd write to BC as they still own the a/c. If the demand for the full balance came from one of their DCA's, just tell them which one it was.

 

[gazab41]

ok reckon the ur would be worth sending now.

 

1. Faulty default issued by mercers Nov 2009 for Arrears of £44 which includes some unlawful charges total balance show as £2371.33

 

2 Demand from calders for £120.42 Balance increased to £2407.33 dated 28th Jan

 

3. 10th March formal demand for entire balance sent by CSL balance £2407.33

 

4.30th march response to letter relating to doorstep collection etc.

 

5. 30th march letter offering chance to save pounds

 

6.19th April prelitigation letter

 

7. 25th June settlement offer of £962.33 showing balance of £2454.29 balance incresed again considering account terminated think they have screwed up big time

 

has anyone got a UR letter to send and should i send to barclaycard or thier dca thanks

[slick132]

I was hoping someone would link you to a letter by now.

 

Try PM to Vint and ask him to stop by or link you to a UR letter.

 

[Undercover-Elsa]

Hi Gazab,

If you haven't already sent the letter, there isn't a specific template, but off the top of my head I'd send them something on the lines of:

Re: Account Number

Dear Sirs,

In response to a letter of xxxx threatening litigation, from your representatives CSL, I am most concerned that you continually allow them to make these threats in the knowledge that they cannot be carried out.

Not only have you failed to substantiate your claim with a valid credit agreement, but also having taken advice as recommended on your Default Notice of xxxx (DATE), I understand that the Default Notice is invalid as it does not comply with the strict requirements of the Consumer Credit Act 1974. Your subsequent demand for the full balance on 10th March 2010 was therefore unlawful, and constituted repudiatory breach of contract. I have elected to accept your repudiation, which rescinds the agreement. Both parties are now relieved of their obligations under the agreement and your claim is limited to the genuine arrears (not including unfair charges) which were due at the time. Should you escalate this matter to court action, I will vigorously defend the claim and counterclaim for damages for breach of contract.

I trust this clarifies my position and that you will ensure that your representatives abide by the Banking Code and OFT guidelines in any future communications.

Yours faithfully,

 

Amend to suit, and wait for other comments/amendments before sending to Barclaycard by Recorded Delivery.

 

Elsa

Edited July 8, 2010 by Undercover-Elsa

[gazab41]

ok have not sent unlawful recinsion letter yet however have recived this letter from moorcroft.

should I send something back re dispute and then send Unlawful recinsion letter to Barclaycard any help please.

 

[gazab41]

have sent the following letter to moorcroft

 

1st September 2010

 

Dear Sir

 

I am receipt of your letter, dated 26/08/10, which was received today, your ref:).

 

This account is in serious dispute with Barclaycard, the details of which are none of your concern. You must however read the later paragraphs concerning home visits and data protection.

 

 

TAKE URGENT NOTE:

 

I DO NOT WISH TO RECEIVE ANY REPRESENTATIVE OF YOUR ORGANISATION, OR INDEED AN AGENT OR REPRESENTATIVE EMPLOYED BY ANY ORGANISATION THAT YOU ISSUE INSTRUCTIONS TO.

 

There is only an implied license under English Common Law for people to be able to visit me on the property where I resided without express permission; the postman and people asking for directions etc (Armstrong v Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.)

 

THEREFORE TAKE NOTE THAT I REVOKE LICENSE UNDER COMMON LAW FOR YOU, OR YOUR REPRESENTATIVES TO VISIT ME AT THE PROPERTY WWHERE I RESIDE AND IF YOU DO SO, THEN YOU WILL BE LIABLE FOR DAMAGES FOR A TORT OF TRESSPASS AND ACTION WILL BE TAKEN, INCLUDING BUT NOT LIMITED TO , POLICE ATTENDANCE.

 

I also caution you here that should you ignore my request on this point; the actions of your representative(s) will happily be recorded by video recording equipment. Accordingly I reserve the right to use any evidence of you or your representatives’ ignoring this request in connection with any actions that I choose to pursue, including media exposure.

 

Should it be your intention to disregard my wishes, and break your obligations, please be advised that the following rules also apply, as laid down by the OFT in respect of debt collection, and that you, as a holder of a consumer credit license, are obliged to follow:

 

The areas of the OFT guidance which applies to you in this instance are:

 

 

Debt collection visits

2.12 Examples of unfair practices are:

 

a. not making the purpose of any proposed visit clear, for example, merely stating that collectors or field agents will call is not sufficient

 

f. visiting or threatening to visit debtors without prior agreement when the debt is deadlocked or disputed

 

Deceptive and/or unfair methods

 

2.8 Examples of unfair practices are as follows:

 

k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any third parties and [/url]credit reference agencies.

 

Please confirm that you have complied with my request under section 10 of the Data Protection Act.

 

If Moorcroft process or continue to process my information, then you will be complicit in the current breaches under the Data protection act. I am sure that Moorcroft Debt Recovery Ltd will be aware of the penalties and fines involved.

 

I do believe this makes my position clear and unambiguous.

 

 

Yours Sincerely MR

[slick132]

Hi Gazab,

 

In case you decide to pursue the point, it's spelled Unlawful RESCISSION. You don't want them not taking you seriously because you spell it wrongly.

 

8)

[Undercover-Elsa]

Good point Slick...

Or if you want to be really posh you could refer to it as "wrongful termination of the agreement, which constitutes a repudiatory breach which you have elected to accept. Both parties are therefore relieved of future obligations under the agreement."

Elsa x

[gazab41]

:mad2:Ok here is an update on the current saga . I will post all documents sent to me until October 2010. Nothing recived since.

 

1 letter sent 6th sept

 

2 letter sent in response of my letter of end of Aug

 

Uploaded with ImageShack.us

 

3 letter sent on 7th Oct 2010 litigation warning

 

 

4 letter sent on 23rd sept instalments

 

 

5. letter sent on 23rd sept discount offer

 

Uploaded with ImageShack.us

 

Today jan 14th we had a personal debt collector from Moorcroft arrive he did leave when my girlfriend asked him too he did not see me as was in the shed sorting out garden tools and when she threeten to call police he went. Moorcroft were sent letter in Aug about dispute no visits but just turning up is not on I dont even have intrest in property I just live there. please help with the next letter I could send still no cca.

 

I have not sent unlawful recinsion letter yet please help with the correct response thanks

Edited January 15, 2011 by gazab41

[slick132]

HI Gazab,

 

You should read this blog - http://www.consumeractiongroup.co.uk/forum/entry.php?230-Negotiate-a-Settlement-or-Fight-in-Court

 

Also, read Link No4 in my signature about how a bank can respond to a CCA request without necessarily sending you the credit agreement. This guidance is from the OFT.

 

Things have now moved on and the banks are in a stronger position to continue to seek payments on a/c's which may have been considered to be in dispute. This doesn't mean they can just go to court and get a CCJ for a debt with no credit agreement. But they can and will seek payment and will not recognise that an account remains in dispute unless you can prove it using, for instance, the new OFT Guidance.

 

8-)

[gazab41]

hi all this Account transfered from Moorcroft to Westcot earlier this year.

I recived 2 letters from this DCA including final notice, followed by a letter from "nelson guest soliciters of sidcup"(sent from westcots hull address.

I then sent the 2 companies the following letter.

 

 

 

Dear Sirs

 

 

 

I am receipt of your letter, dated 11/03/11, which was received today, Westcot ref:

 

This account is in serious dispute with Barclaycard, the details of which are none

of your concern. You must however read the later paragraphs concerning home

visits and data protection.

 

 

 

 

 

TAKE URGENT NOTE:

 

 

 

I DO NOT

WISH TO RECEIVE ANY REPRESENTATIVE OF YOUR ORGANISATION, OR INDEED AN AGENT OR

REPRESENTATIVE EMPLOYED BY ANY ORGANISATION THAT YOU ISSUE INSTRUCTIONS TO.

 

 

 

There is only an implied license under English Common Law for people to be able to visit

me on the property where I resided without express permission; the postman and

people asking for directions etc (Armstrong v Sheppard and Short Ltd [1959] 2

Q.B. per Lord Evershed M.R.)

 

THEREFORE TAKE NOTE THAT I REVOKE LICENSE UNDER COMMON LAW FOR YOU, OR YOUR REPRESENTATIVES

TO VISIT ME AT THE PROPERTY WWHERE I RESIDE AND IF YOU DO SO, THEN YOU WILL BE

LIABLE FOR DAMAGES FOR A TORT OF TRESSPASS AND ACTION WILL BE TAKEN, INCLUDING

BUT NOT LIMITED TO , POLICE ATTENDANCE.

 

 

 

I also

caution you here that should you ignore my request on this point; the actions

of your representative(s) will happily be recorded by video recording equipment.

Accordingly I reserve the right to use any evidence of you or your

representatives’ ignoring this request in connection with any actions that I

choose to pursue, including media exposure.

 

 

 

Should it

be your intention to disregard my wishes, and break your obligations, please be

advised that the following rules also apply, as laid down by the OFT in respect

of debt collection, and that

you, as a holder of a consumer credit license, are obliged to follow:

 

 

 

The

areas of the OFT guidance which applies to you in this instance are:

 

 

 

 

 

Debt

collection visits

 

2.12

Examples of unfair practices are:

 

 

 

a. not

making the purpose of any proposed visit clear, for example, merely stating

that collectors or field agents will call is not sufficient

 

 

 

f. visiting

or threatening to visit debtors without prior agreement when the debt is

deadlocked or disputed

 

 

 

Deceptive

and/or unfair methods

 

 

 

2.8

Examples of unfair practices are as follows:

 

 

 

k. not

ceasing collection activity whilst investigating a reasonably queried or disputed

debt.

 

 

 

Please note you may also consider this

letter as a statutory notice under section 10 of the Data Protection Act to

cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own

internal records and from my records with any third parties and credit reference agencies.

 

 

 

Please confirm that you have complied

with my request under section 10 of the Data Protection Act.

 

 

 

If Westcot Credit Services Ltd or Yourselves process

or continue to process my information, then you will be complicit in the

current breaches under the Data protection act. I am sure that Westcot Credit

Services Ltd and Yorselves will be aware of the penalties and fines involved.

 

I do believe this makes my position clear and unambiguous

 

I then recieved the following letter dated 21st March 2011

 

[Dear Sir/Madam

 

Client Rederence

Westcot Debt Number

Client Barclaycard

Balance £2502.19

 

Further to your recent communication.

 

When you signed the contract with our client, it was stated in your terms and conditions that your account may be passed to a third party to deal.

 

In view of the above we require you to contact or office to discuss repayment of this account.

Payment can be made by Debit Card/Credit Card (subject to acceptance) by calling the westcot Payment Hotline on 0844 824 1155 or pay online at _www.paywestcot.co.uk.

Alternatively telephone us to set up a direct debit or standing order. you can also use paypoint or by sending a cheque or postal order t/o the address below. please ensure your westcot debt number is quoted at all times

 

Just wonder what my reply should be still no CCA card was MSDW migrated to goldfish the back as morgan stanley then Barclaycard so I have never signed a contract with thier client at any rate any advise please... thanks

[slick132]

Hi Gazab,

 

Bearing in mind my comments in post #86 above, are you making any payments towards this a/c.

 

It may be wise to consider doing so, to reduce the balance and to reduce the chance of the case being taken to court.

 

8-)

[gazab41]

ok all advice needed had letter from lowells own account now notice of assignement sent etc.

 

however there are a number of issues still no CCA, Amount gone up again and they have got the account number wrong out 0f 16 digits only first 5 match and another 6 appear in the account number but in the wrong place. just wonder what next move is thanks

[slick132]

Hi Gazab,

 

See my comments on another thread in response to a situation similar to your own :-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?213545-BARCLAYCARD-No-CCa-Any-action-Group&p=3585786&viewfull=1#post3585786

 

[gazab41]

Hi have recived another Demand from Lowells who now owe the debt apparently, still no cca and the amount has gone up again.

 

the thing with this the card number again quoted is nothing to do with me is there a letter from earlier i can post them thanks:evil:

[slick132]

If they have the a/c no. badly wrong, you could use or adapt the "Prove It" letter - http://www.consumeractiongroup.co.uk/forum/content.php?609-Can-t-find-the-letter-you-want-Look-here

 

There are also other letters you may find useful.

 

[gazab41]

ok still have not sent prove it letter, i have had allsorts of offers from lowells including free christmas gifts worth about 250-300 pounds if i contact them today i recived an aledged statment of account.

 

this gives a lowell ref number.

A credit agrement date of 29/june 2001

a card number starting 5301 this is a barclaycard number

 

anyway card number wrong and the MSDW migrated to barclay card in 08

 

I will now send prove it letter idiots

[gazab41]

ok Prove it letter sent and in reply dated 15 th of March I recive the following

Dear Sir

Thank you for your recent correspondence, the contents of which are noted

We can confirm that the balance relates to a barclaycard account opened on 29th June 2001 with an account number of 5301************ and a card id of 5301************ the last payment recived was a £1.00 on * September 2009.

We understand that you have no knowledge of this debt and are unclear how it accrued.

In order to provide you with furthur details with regards to the outstanding balance, we have contacted Barclaycard to request information. We have placed your account on hold in the meantime.

Thank you for your Patience.

 

Ok this Account was Opened as Morgan stanley then Migrated in 2008 to Barclaycard from morgan stanley the card ID number they quote is indeed the number barclaycard gave to morgan stanley card which was last used in 2003 and the orig amount of credit was £2800 and I certainly paid at least most of it back before Barclaycard took it over as had payment plan intrest frozen etc. both numbers quoted relate to barclaycard cards, so am very confused £1.00 payment i belive relates to payment for CCA which still has not been recived.

 

Any help would be gratefull on this.

[slick132]

Hi Gazab,

 

The £1 payment is almost certain to be a misappropriated CCA request fee and this should be argued if there's any chance the debt would otherwise be Statute-Barred.

 

Apart from this, when do you think you last paid towards the a/c.

 

Maybe wait to see what they come back with when they hear from BC.

 

[victoria_siempre]

Hi guys

 

I have a letter from Moorcroft thanking me for a payment of £1 that I never made; it was of no practical concern since I was trying to offer BC £1 anyway, but it does indicate their practices. After a few skirmishes, they are long gone.

 

x

 

v

[gazab41]

ok I recived the following from Lowells, first was some copy statments from the days barclaycard took over morgan stanley account, I have now recived a 2 page application form which to me looks like a fantastic cut and paste job, followed by a demand from lowells to pay up. help needed please..

 

http://www.consumeractiongroup.co.uk/forum/asset.php?fid=30779&uid=244572&d=1336574567

 

[victoria_siempre]

Hi gaz

 

This looks remarkably like my Laurel & Hardy MSDW similarly with a few numbered sections missing (they can't even be bothered to reconstitute in a plausible manner). I have ceased token payments but that is on the basis that they refuse to default the a/c on my CRF despite having issued a dodgy DN; this was all very quickly followed by a Special Daz Offer to settle at 45% (ho, bleeding ho).

 

It's up to you of course.

 

x

 

v

[slick132]

Hi Gazab,

 

Did your personal details appear on the Application Form and was your signature there.

 

As asked above, when did you last pay toward the a/c.

 

[gazab41]

yes signiture on it but it is an application for msdw gold card which was not what i had done in shopping centre nothing else ever sent to me. except a card not even terms and conditions..... this is an application form with bits missing