Advent Computer Training (Barclays Partner Finance)Info and discussion thread

[Fuzzbutt]

I have also received a letter saying my account has been passed on to Sanclare Financial. I am also receiving letters from Mercers.

Based on the OFT guidelines about unfair practices (thanks fuzzbutt), which clearly state that Companies can't use two Debt Collection Agencies, I have emailed a complaint to Consumer Direct.

I'll let you know how I get on.

 

Good! Nice one Skyblue Dave!

[10pack]

The Protection from Harassment Act 1997

 

"If you feel you are subject to Debt Collection Harassment then this too could be classed as a criminal offence. Harassment can be verbal or in writing and would include making repeated calls to your workplace or in anti social hours. The Protection from Harassment Act 1997 makes it a Criminal Offence for any person to pursue a course of action "which they know, or ought to know, amounts to harassment of another person".

 

http://www.opsi.gov.uk/acts/acts1997/ukpga_19970040_en_1

 

That then explains the reason why none of the letters from mercers and barclays are signed with legable names.

The letter I got yesterday from BPF did not even put that squiggle that apears on mercers letters

 

and none of them have their name in print !!

Edited August 23, 2010 by 10pack

[lowdown]

I have also received a letter saying my account has been passed on to Sanclare Financial. I am also receiving letters from Mercers.

Based on the OFT guidelines about unfair practices (thanks fuzzbutt), which clearly state that Companies can't use two Debt Collection Agencies, I have emailed a complaint to Consumer Direct.

I'll let you know how I get on.

 

The parent company (in this case BPF or Barclays) is the owner of the debt. All the messing about between subsidiary companies or other DCA's doesn't change that fact.You will find that most of them are dormant companies.

And more to the point no debt can be sold or the ownership transferred to an outside DCA without a notice of assignment. So the internal moving about of the debt means naff all, apart from a lot of bull**it harassment and idiotic telephone threats.Most of these companies would be collecting on behalf of BPF on a commission basis.The only options BPF have is to try and flog the dept outside - but then who ever buys the debt and a big IF, would still have to go down the road of taking you to court, and more than likely will not want to do that.And certainly BPF will not want to go to court, for reasons we all understand.

[10pack]

The parent company (in this case BPF or Barclays) is the owner of the debt. All the messing about between subsidiary companies or other DCA's doesn't change that fact.You will find that most of them are dormant companies.

And more to the point no debt can be sold or the ownership transferred to an outside DCA without a notice of assignment. So the internal moving about of the debt means naff all, apart from a lot of bull**it harassment and idiotic telephone threats.Most of these companies would be collecting on behalf of BPF on a commission basis.The only options BPF have is to try and flog the dept outside - but then who ever buys the debt and a big IF, would still have to go down the road of taking you to court, and more than likely will not want to do that.And certainly BPF will not want to go to court, for reasons we all understand.

 

if someone was to buy the debt they would still be liable under S75

I think we must be what was termed.. toxic debts

[lowdown]

if someone was to buy the debt they would still be liable under S75

 

Yes - sorry i missed that bit, and i think you are correct.

[rally2001]

i recieved this yesterday

http://www.hmg.gov.uk/epetition-responses/petition-view.aspx?epref=adventcomputer

[lowdown]

i recieved this yesterday

http://www.hmg.gov.uk/epetition-responses/petition-view.aspx?epref=adventcomputer

 

Good grief.....

The link provided by HMG...is just a copy of the email sent to us students by PKF.

[lewis2]

hi all got a letter from barclays today...well more of a statement really it just shows an outline of my account and what payments i,ve made and charges they have added on even though my account is technically

in dispute!

still no threatening letters or phone calls though dont really no what thus thing is!

[Nytris]

Sorry this might be a silly question, but how long do barclays freeze your account for?

[lewis2]

its been at least 3 wks now?

[skyblue dave]

I have also received a letter saying my account has been passed on to Sanclare Financial. I am also receiving letters from Mercers.

Based on the OFT guidelines about unfair practices (thanks fuzzbutt), which clearly state that Companies can't use two Debt Collection Agencies, I have emailed a complaint to Consumer Direct.

I'll let you know how I get on.

 

Here is my reply from Consumer Direct.

 

 

Dear Mr XXXX,

Thank you for your email dated 21st August 2010. Your case number for this is XXX, which should be quoted in any future contact about this issue.

Based on the information you have provided, the key legal points in response to your enquiry are as follows:

If the debt that you owe is in dispute, the debt collection agency should not be pursuing you. I would recommend that you send the debt collection agency a formal letter of complaint by recorded delivery. In the letter, I would explain the situation with Barclays Partner Finance and that the matter is being investigated by the Financial Ombudsman Service, therefore the agencies should not be pursuing you for the outstanding money at this time.

We would be unable to offer any further advice on this matter as the case is being handled by the Financial Ombudsman Service and is out of the remit of Consumer Direct.

Your complaint has been passed to Trading Standards, in reference to the debt collection agencies' business practice, who will assess all the relevant information and may investigate the trader.

This case has been referred to Trading Standards with no commitment to contact yourself.

Thank you for the information you have provided.

Consumer Direct

[raj4u]

hello guys, did anyone had visits from resolvecall so far? i had a bloke this afternoon at my doorstep begging for money..i wrote to mercers with my situation n also mentioned that i'm part of action group. I send this letter with the attachment of BPF response to my complaint (saying as a gesture of goodwill, we are willing to reimburse you with the charges we added on your account). I did send this letter by recorded next day delivery...when i called them 3days back, they said there was no such remark on my account n asked me to resend BPF's response again, also agreed to put my account on hold for 14days.

Today when this guy asked to clear my arrers, i just lost my temper n had a right go at him.he called mercers n told them about bpf's letter. All he did is just apologise to me n left quietly..it shows how stupid they are..no communication between any of them.

Luckily i got bpf's response..or else i dont know how to handle the situation..that bloke doesn't know anything about our case, just need money from me..i'm little bit worried now with the situation n am totally stressed up..sorry for the long post. i will feel better if i share information with u guyz!! Thanx.

[lowdown]

hello guys, did anyone had visits from resolvecall so far? i had a bloke this afternoon at my doorstep begging for money..i wrote to mercers with my situation n also mentioned that i'm part of action group. I send this letter with the attachment of BPF response to my complaint (saying as a gesture of goodwill, we are willing to reimburse you with the charges we added on your account). I did send this letter by recorded next day delivery...when i called them 3days back, they said there was no such remark on my account n asked me to resend BPF's response again, also agreed to put my account on hold for 14days.

Today when this guy asked to clear my arrers, i just lost my temper n had a right go at him.he called mercers n told them about bpf's letter. All he did is just apologise to me n left quietly..it shows how stupid they are..no communication between any of them.

Luckily i got bpf's response..or else i dont know how to handle the situation..that bloke doesn't know anything about our case, just need money from me..i'm little bit worried now with the situation n am totally stressed up..sorry for the long post. i will feel better if i share information with u guyz!! Thanx.

 

Read Skyblue's post above your post - and do the same as him and complain.

One thing i found out is Mercers system is updated one month behind BPF's system [deliberately of course - reason being

that they will still contact you and demand money]

[badge]

Hi,

 

My first post, but I have been following this thread for a while, and have even gone back to the start and read from there.

 

Firstly - Fuzzbutt you are a star, thank you for all your help & time that you have put in to this battle. Anytime you pop up to the North West, the first drink is on me.

 

Secondly - My background with Advent/BPF/CompuTeach. I signed with Advent, received two textbooks, and two tool sets. After the first year was up I borrowed half the money from my place of work, and half from a Lloyds loan before the high interest kicked in to pay BPF off. A few months later Advent was no longer.

I've signed up with Fuzzbutt/Hausfelds, as soon as they were announced. I've not written to anyone else, do you guys recommend that I do?

 

Thirdly - As far as I am aware (please could someone confirm this), the history of the lawyers goes like this. Hausfelds wrote to BPF. BPF replied to Hausfelds. Haulfelds replied to BPF... Is there something in between that I have missed? I know that this is a very stripped down version of event, and that Hausfelds are working behind the scenes.

 

How long do you think we give BPF before going to court? This seems the only way to resolve this now.

 

Sorry for the long post.

Badge.

[badge]

Fuzz - I forgot to say, is there anything I can do to help in way possible?

[lowdown]

For any of you getting hassle from these so called DCA's [resolvecall], or even paying money to them.

This might be of help. [ Infact its from this very site ]

 

Basically they need to provide you with written proof from BPF [an executed deed of assignment documenting] that the debt has been passed/sold over to them.

This includes people calling at your house.

If they can not - they are acting illegally by demanding money. You can then send them this but ammended to a first time letter [and tailored to your situation]

 

 

TO

xxxxxxxxxx

xxxxxxxxx

(Via recorded delivery)

 

Dear whoever,

 

Re: Agreement reference

 

I wrote to you on the xxxxxxx requesting a copy of the executed agreement under the Consumer Credit Act (1974). I also asked for a statement of account. A ‘*****’ at your address received the letter on the xxxx.

I also requested an executed deed of assignment documenting resolvecall's involvement; this too has not been supplied.

In three months you have been unable to supply an agreement because no such agreement exists, indeed a ‘phone conversation with your call centre manager, *****, on the xxxxxxxxxconfirmed that the XXXXXXXXX cannot provide any documentation.

Consequently I do not acknowledge any debt to your company

 

As you will know your non-compliance with my request means that your company has committed an offence under Section 77 (4) of the Consumer Credit Act 1974, summarily punishable by a Level 4 fine on the standard scale.

A credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act and is therefore a complete defence to any court claim that is issued. Please take note that any legal action you may contemplate will be vigorously defended and contested.

I also contend that the money that you have demanded/obtained from me has been unlawful since you have not provided me with any documentation to prove the contrary, and under common law you may not profit from an unlawful act.

Furthermore your actions arguably do not comply with the Office of Fair Trading’s (OFT) debt collection Guidelines of July 2003, in that you have ‘communicated with [me] in an inaccurate or misleading manner (section 2.1) by ‘presenting information in that it creates a false or misleading impression’ and ‘failing to provide [me] with information on the status of debts’.

 

 

Notwithstanding the above your operatives have sought to contact me on a number of occasions (approximately xx times) over the last few days, I would imagine regarding your Company’s viewpoint on the above now disputed agreement. I know of these attempts because of the recording received when using British Telcom’s 1471 facility. This intrusion into my privacy has caused a great deal of distress to myself,.Since because of The Data Protection Act (Data Protection Act)

I now consider that you ‘phone calls constitute harassment and so from this date any further calls to me will be reported to the Police. In addition you are in breech of the OFT’s July 2003 guidelines in that you are wrongly pursing me contrary to Section 2.8(i).

 

 

Another worrying facet of this whole case is the unlawful dissemination of my data by your company to a third party. Under the DPA I have principled rights in that

 

 

 

(Schedule I)

 

1. personal data shall be processed fairly and lawfully.

2. personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.

 

 

(Schedule II)

 

1. The subject has given his consent.

2. The processing is necessary –

a. For the performance of a contract to which the data subject is a party.

 

I have recently conducted an audit of my personal credit reports supplied by experian and Equifax. Within both files, an entry referenced as “Barclays” is lodged indicating a loan. This is recorded as “In Default” on the xxxxx. However, I note that files have been updated continually since then. Since I have had no contact with BPF I can only deduce that it is the DCA/Mercers that is updating my credit file without my consent or that your company is disseminating my information to a third party without my consent

 

The fact that you cannot provide me with a copy of the agreement negates any Notice of Default being served on me, as required by the conditions of the Consumer Credit Act 1974. Incidentally, I cannot recollect receipt of the said documentation. If the documentation were to be produced as you are aware the default notice cancels any original terms and conditions and as such cancels any right to share my information without my consent.

 

What I require.

1. I require you with immediate effect to ensure that all data held by you regarding the alleged agreement is removed from any and all Credit Reference Agency database.

2. Ensure that all data held by you regarding me and my family is destroyed.

3. Refund all monies paid to you by me since xxxxxxx or cancel the agreement, or both..

4. Ensure that no further telephone calls are made to me or my place of work.

5. Ensure that all correspondence is made in writing.

6. I require written confirmation of the above together with a quarterly statement that no data has been processed regarding me by you.

 

 

 

 

 

 

Failure to comply

• Failure to comply with my request under the Data Protection Act 1998 will result in the matter being referred to the Information Commissioner.
  
• Failure to comply with the requirements of the Consumer Credit Act will cause me to refer the matter to the Office of Fair Trading, and Trading Standards.
  
• Failure to comply with the requirements Office of Fair Trading guidelines will lead to a report being submitted.
  
• Continued telephone contact will generate a complaint to the police.
  
• Failure to repay the paid sums shall cause me to report you to the OFT, Trading Standards and the Financial Services Authority.
  
• If you fail to comply with any or all of the above I reserve the right to offer the experience to Consumer interest media, I have just enrolled with BBC TV’s consumer watchdog database.
  
• If you fail to comply with any or all of the above I reserve the right to take action against you without further contact.
  

I hope to hear from you within 12 working days from the date of this letter, failure to do so will be taken that you failed to comply with my request.

 

Yours faithfully,

Edited August 26, 2010 by lowdown

[Fuzzbutt]

Hi,

 

My first post, but I have been following this thread for a while, and have even gone back to the start and read from there.

 

Firstly - Fuzzbutt you are a star, thank you for all your help & time that you have put in to this battle. Anytime you pop up to the North West, the first drink is on me.

 

Secondly - My background with Advent/BPF/CompuTeach. I signed with Advent, received two textbooks, and two tool sets. After the first year was up I borrowed half the money from my place of work, and half from a Lloyds loan before the high interest kicked in to pay BPF off. A few months later Advent was no longer.

I've signed up with Fuzzbutt/Hausfelds, as soon as they were announced. I've not written to anyone else, do you guys recommend that I do?

 

Thirdly - As far as I am aware (please could someone confirm this), the history of the lawyers goes like this. Hausfelds wrote to BPF. BPF replied to Hausfelds. Haulfelds replied to BPF... Is there something in between that I have missed? I know that this is a very stripped down version of event, and that Hausfelds are working behind the scenes.

 

How long do you think we give BPF before going to court? This seems the only way to resolve this now.

 

Sorry for the long post.

Badge.

 

Thanks Badge, and for the offer of help - much appreciated.

I complained to my local Trading Standards who took up a complaint for me as well as FOS (no decision yet from them.)

 

At the moment Hausfeld are negotiating still with BPF and so we should hear something very soon. I can't really say much at the mo.

[lewis2]

hi savarock any chance you could post the email so we can get a look at and see whats going on?

[Savarok]

I've not recieved the email, however I am sure that 10pack or Kurupt will do when they get the chance.

 

I wouldn't mind seeing it myself.

[10pack]

hi savarock any chance you could post the email so we can get a look at and see whats going on?

 

Hi

this is the email make of it what you will.. but it came to my personal email address only fuzzbutt has it.. Cag site does not have this email address

 

 

Michal sent you a message on Action for Advent and Access 2 Trade students!

 

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

Subject: hi

 

Hi.

About a month ago i made a complain to Ombudsman on BPF and all that situation with Advent etc. Yesterday i recevied an answer from them.They wrote that tere's nothing they can do becouse BPF found a replacement Provider (Computeach) for me, and they think that I'm wrong and should accept it.I'm a little bit confused becouse Mercers keep sending me a letters sayin that if i wont pay someone will come to my house to collect the money.I'm getting stressed and don't really think what to do.Is there anyone who is in the same situation???What is your advice?Do you think that we have a chance to win?

Michal

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

[Fuzzbutt]

Hi

this is the email make of it what you will.. but it came to my personal email address only fuzzbutt has it.. Cag site does not have this email address

 

 

Michal sent you a message on Action for Advent and Access 2 Trade students!

 

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

Subject: hi

 

Hi.

About a month ago i made a complain to Ombudsman on BPF and all that situation with Advent etc. Yesterday i recevied an answer from them.They wrote that tere's nothing they can do becouse BPF found a replacement Provider (Computeach) for me, and they think that I'm wrong and should accept it.I'm a little bit confused becouse Mercers keep sending me a letters sayin that if i wont pay someone will come to my house to collect the money.I'm getting stressed and don't really think what to do.Is there anyone who is in the same situation???What is your advice?Do you think that we have a chance to win?

Michal

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

 

I received this too as a PM from Facebook group 'Advent Scammed Us', and it was forwarded to me by a regular on the Facebook Group who'd received it too. My fuzz email address is all over the forums with instructions to contact me directly so this person has no excuse to miss it! Seems fishy indeed. I deleted it and din't reply.

 

Lowdown - that was an excellent find on the debt collection CAG template letter here. Nice one!

I'll flag it up on the student website too for everyone - thanks.

[lowdown]

Lowdown - that was an excellent find on the debt collection CAG template letter here. Nice one!

I'll flag it up on the student website too for everyone - thanks.

 

Its from this site somewhere. The person involved with this had a very large debt/loan over turned/wiped because the bank

and DCA took it upon them selves to act in an illegal manner with blatant disregard for guidlines and more importantly the law! Does it remind you of anyone? It is worth people making a nuisance to BPF and DCA's, and not just sit back and wait for yourself [Fuzzbutt] and Hausfeld to get a result...Get complaining folks when these idiots harrass you, show you mean business, the more you complain the more they get hacked off. And follow up your complaints to the governing bodies.It = huge fines.They might then start to get the message.

Keep up the good work Fuzzbutt.

Edited August 27, 2010 by lowdown

[joyhouk]

Every day I'm getting Mercers phone call and today i received barclays letter saying if i do not pay they will refer an external debt collection agency. The letter also saying,

"The consumer credit Act(section 75) implicitly obliges barclays to ensure that goods and services are supplied to you and we are satisfied that, in the circumstances, in appointing and alternative training provider where advent, as the original supplier under the terms of the agreement, is unable to perform its contractual obligations, advent's breach of contract has been remedied by barclays pursuant to general contract law principles. general contract law provides that, where an original contracting party(in this case advent) does not require personal skill or superintendence to perform its contractual obligations, those obligations may be performed by another party. advent was not required to exhibit any personal skill or superintendence in order to carry out its contractual obligationsw in providing training to you. accordingly, advent's contractual obligations can be carried out by another suitable training provider, in this instance computeach." Crap

[lowdown]

"The consumer credit Act(section 75) implicitly obliges barclays to ensure that goods and services are supplied to you and we are satisfied that, in the circumstances, in appointing and alternative training provider where advent, as the original supplier under the terms of the agreement, is unable to perform its contractual obligations, advent's breach of contract has been remedied by barclays pursuant to general contract law principles. general contract law provides that, where an original contracting party(in this case advent) does not require personal skill or superintendence to perform its contractual obligations, those obligations may be performed by another party. advent was not required to exhibit any personal skill or superintendence in order to carry out its contractual obligationsw in providing training to you. accordingly, advent's contractual obligations can be carried out by another suitable training provider, in this instance computeach." Crap

 

Lol.......

I think they are starting to feel the heat a bit - that really is a comical piece of entertainment.

Even a judge would be needing a doctor to stich up his sides.

[flumper81]

Hi guys!

It seems to me, that mercers and BPF are trying to get some money out of us before it gets to court. Mercers "advised" me today to start my payments regardless the dispute, so I won't have to pay extra interest on it, if I get turned down by the FOS.It is clear to me that they try to collect as much money from us, as possible, before it gets to court, and simply file clyesdale for bankruptcy.

Dont forget that Barclays Partner finance is only a trading name for Clydesdale financial services ltd, one of hundreds of companies owned by Barclays plc.It is just too easy for them to do it, they won't have to pay you back a single penny, even if you would win in court.

Go on the website, read it, KNOW YOUR RIGHTS, and complain to the authorities!

It's not gonna go away by just registering and reading forums.In fact the more complaints made to the more different government bodies, the better the chance barclays will back down.They know that they are in the red

 

 

Ps: How do you record mobile conversations when mercers calls?

Can you use your phone's call log records as proof of harrasment?

Any ideas?

 

Fuzz, you are a star!Thank you and all the others for the hard work!