sent JBDR a CCA no reply what next ??

[Martynandemma]

JBDR are really getting on my nerves now. I played fair & started paying them even though I hadnt got written confirmation from them.

 

I cant afford it now, all they keep doing is the usual stuff about legal departments etc etc

 

I have asked them to provide me with written proof that they are responsible for the debts originally with Barclaycard on several occasions. Every time the same answer "we have sent you at least 5 letters since last July sir"

 

I havent ever got a letter from them last I knew Red collections had the debts.

 

I take it I cant go down the statute barred route as I have paid them a payment or 2 & I had letters from Red last year.

 

What can I do ? Any thoughts or advice ?

 

many thanks

 

Mart

[MARTIN3030]

Were there charges on the account I mean unfair charges ?

[N.P]

Hi Mart,

 

JBDR hassled me for a while with an Argos account. I know how you feel, they are simply numb, as most DCA`s are.

 

They eventually gave up the chase with me, and it was passed on another bunch of numb nuts. This account has now actually been sold, to errrrrm, another bunch of empty heads.

 

Have you actually sent them a request for your Credit Agreement, to see what they come up with? They may have something which is totaly unenforceable, or even nothing at all. Or, they may have something legit.

 

If you have not requested a copy, click on the link HERE and you need Letter `N`. You`ll need to include a Postal Order for £1. Don`t use a cheque and don`t sign anything.

 

If they come back with something legit, then go for the charges to minimise your losses.

 

Have fun.

 

 

 

N.P

[MARTIN3030]

"I take it I cant go down the statute barred route as I have paid them a payment or 2 & I had letters from Red last year."

 

 

Your arguement on this could be that you mistakenly made the payments whilst having been ignorant to the facts.

 

This could be that you would not have made payments if you had known at that stage that penalty charges had been levied (or that you had a right to be given proof that such charges or fees were reasonable)

 

This obviously depends if there WERE charges.

 

or secondly,that you would not have made payments had you been aware at that point, that recoveries of any alleged monies was unenforceable without a Court order,in the absence of any documentation being provided which would have rendered you liable to pay.

 

 

This point obviously relies on their ability/inability to supply the documentation.

[UnitedFront]

I think I am right is saying that if there is a 6 year gap anywhere in the history of the account where no payment or acknowledgement was made, then the debt is statute barred and no amount of payments would alter that fact.

 

Is there a 6 year gap like this in the history of this debt?

 

Cheers.

UF

[MARTIN3030]

Yes you are right on that UF.

[Martynandemma]

well..it was 2 barclaycard accounts, there were no charges for the accounts as I got the SAR from barclays & nothing on them but unpaid accounts

 

barclays suspended the accounts & sold them to mercers back in 2002. I was paying them £50 a month til 12/2004

debt has been with lowells, Red & hamiltons legal back to red again then JBDR I have had letters from all of them in that time & I have made a few token payments in that time. But the debts do not appear on my credit file any more.

 

I think maybe a CCA request needs to go to JBDR but I dont know their address even.

 

Would anyone suggest sending a CCA to RED collections as well as they had the debt last or shall I send one to all 4 of the DCA's

 

There was PPI & the odd pen charge on these accounts but these were back in 1998-2001 so no dice on these as the limitations act would prevent claiming them

[UnitedFront]

If you've been making token payments recently then this definitely won't be statute barred then unless as I said before there was ever a 6 year payment gap in the history of the account.

 

Send cca requests to whatever company is currently chasing you.

 

Cheers.

UF

[MARTIN3030]

If they have fallen off your credit files then this is very strange.

Under ICO guidance on credit reporting for defaulted accounts,it can either be carried on by the Original creditor,or else if the account is sold then the new assignee-but it must be determined and you should have been informed.

I would say its very very unlikely that a copy of your agreement from 2002 or before,would be readily available,simply because we know that the ways in which these were stored pre 2007 was very very lax in view of requirements and regulatory codes...although its not the case with ALL lenders.

Who made the last entry on your credit files against this account do you know ?

As I said,there is something very odd if this no longer appears ojn your credit files,and it would appear to suggest that it has fallen off after 6 years.

It seems JB are the ones you should be focussed on.

Not only would I be sending them a request under CCA,but also asking them in writing to provide assignment details that proves entitlement,or else provides you with details of who they are collecting on behalf if this is the case.

You have the rights to know.

Also ask them for a copy of their complaints procedure.

If you dont attempt to find out the true assignee,its like chasing the dogs tail.The alternative would be to SAR Mercers to see if assignment was made lawfully.

I will find the address for JB.

 

 

JB Debt Recovery

176 Bath Street

Glasgow G2 4HG

 

 

Finally,I would add in your letter,that you are aware that they are members of both the Credit Services Association,and Debt buyers and sellers group.

They are therefore expected to comply with and uphold the codes of practice that members there are signed up to.

These include;

 

• Conduct business lawfully
  
• Conduct dealings with debtors in a fair and reasonable manner
  
• Maintain a high standard of business practice
  
• Compete in a fair and reasonable manner
  
• Ensure all staff are provided with adequate training
  
• Not discriminate
  
• Protect the reputation of clients
  
• Remit monies collected regularly to clients
  
• Not knowingly misrepresent qualifications, experience and abilities
  
• Handle debt cases in a fair and reasonable manner
  

Breaches of a code of practice of which they should be seen to be upholding,can also fall under Consumer Protection from Unfair trading regulations 2008.

Additionally they should be compliant with Office of Fair Trading Debt collection guidance 2003 unfair business practices.

 

So theres some food for thought to get you started on this lot.

Keep us posted.

 

 

Edited January 21, 2010 by MARTIN3030

[Martynandemma]

just checked the credit file I had from 3/2009 it wasnt on there. I dont have a great recollection of when it was due to drop off but I have a feeling it was 03/2008 as I think that Barclays suspended the account in 2002.

 

I made the mistake of using Baines & Ernst back in 2001 so I sent them a lot of my original documents for the barclays accounts.

 

I assume JBDR have bought the debts from RED so CCA to JBDR seems to be my best bet.

 

If the accounts are no longer on my credit file what happens about the debts ? Am I still liable for the money & can JBDR take me to court if I refuse to pay. Can they issue me with a default notice as the debt is not listed.

 

I have picked up a lot of info from this site over the last few years but I dont know much on this area.

 

Any further help is gratefully received

 

[sisgen10]

"I made the mistake of using Baines & Ernst back in 2001 so I sent them a lot of my original documents for the barclays accounts."

 

I too used B&E way back and sent them original documents, would it be possible to SAR B&E now in order to get a copy them for future use?

[Martynandemma]

I was thinking about doing that a while back so I might do that .

 

£10 is a lot of money for me at the moment though so might have to wait a couple of weeks

[MARTIN3030]

"If the accounts are no longer on my credit file what happens about the debts ? Am I still liable for the money & can JBDR take me to court if I refuse to pay. Can they issue me with a default notice as the debt is not listed."

 

 

Of course they could take you to Court,but to have any cause of action or achieve any success they would have to prove that the debt is legally due,and also that they are authorised/entitled to collect it.

 

Outside of such action of course,they can still try to collect without court,but should only be doing so whilst following regulatory and industry codes of practice.

[Martynandemma]

"If the accounts are no longer on my credit file what happens about the debts ? Am I still liable for the money & can JBDR take me to court if I refuse to pay. Can they issue me with a default notice as the debt is not listed."

 

 

Of course they could take you to Court,but to have any cause of action or achieve any success they would have to prove that the debt is legally due,and also that they are authorised/entitled to collect it.

 

Outside of such action of course,they can still try to collect without court,but should only be doing so whilst following regulatory and industry codes of practice.

 

Have you ever had any dealings with these guys they seem to be a tad dodgy to me.

 

They conned me into setting up a payment plan by saying that they were instructed to persue a bankruptcy order through the courts. Of course at the time I panicked but wish I had known then what I know now as I suspect they were lying. they claim to have sent me several letters but they used to say they were GBDR.

 

it annoys me that these guys have got involved as I always intended to make Mercers an offer when I got a job as I racked up the CC debt so its only right I pay it back. The government should call time on this industry as most of them are worse than your average high street loan shark!!

[N.P]

They used to say they were GBDR?

 

I always used to start my letters to them with BJ, short for errm blow job

 

I don`t think they ever caught on, that`s how stupid they are. They probably can`t read, that`s why you never get any sense out of them, just the same old dribble.

[Martynandemma]

Right!!! I am still shaking with anger after the call I just had.

 

They have just told me that they are going to their solicitor for court action which can envolve seizure of my bank accounts etc etc

 

I said that all I want is proof that they are legally allowed to persue this debt. He said they have sent me several letters & they wont be sending me anymore.

 

he said that a judge would see that my having paid them 6 payments was enough that i knew they had the account.

 

At this point I got annoyed & told him I had a solicitor & that I am recording the call. He then said "your breaking the law you have to tell me that at the beginning of the call"

 

He kept talking not letting me get a word in so eventually I lost it a bit & said "are you recording this call" he said "all calls are logged & recorded" so I said "then your breaking the law too" he said "no we are a business we are allowed to record calls"

 

Is any of this true ??

 

I ended the call by saying that I will send them a CCA request so they cant do anything. He said I think you are a liar & I dont think you will send that letter

 

To finish I would like to know what my rights are re these arrogant arses

 

thanks all

 

mart

[havinastella]

Simple,

 

Your rights are not to talk to these morons on the telephone.

[Guest alderney1965dk]

Hi dude,

 

I would await for more details on this from more experienced user's however, with the telephone recording, I use one and NO, you do not have to inform them that you are recording the call IT IS NOT AGAINST THE LAW to record a call, you do however need to tell them at the beginning if you want to use the call as evidence.

 

Send the gimps the CCA request I have sent loads out and DCA's have said well you knew the debt was yours why are you know asking for a CCA, I have then told them that, that was before I seeked legal help, (IE-This website) do not give them the website address just say you have seeked legal guidance

[lickthewallfatboy]

Like all DCA's,they're talking out of their holes

 

You can record a call but you can't use a recording in court

 

But you CAN use a transcript of the recording

[PGH7447]

what is the debt? before you rush in with a cca

[Martynandemma]

thanks for all the prompt responses I thought that was correct but you know what these people are like they are very clever at winding you up & before you know it you are giving away your trump cards.

 

I just wish I had got the little gits name before I hung up on him!! Truth is I only paid them before as I was lulled into believing they were going to file to the courts to bankrupt me. Anyway I did some research & came up with proof of what you guys said (see below) thanks all I am also reporting them to the FOS etc in the morning

 

Legality of recording at home

While Ofcom says that at work every reasonable effort should be made to inform all parties to a call that it may or will be recorded, silently monitored or intruded into the latest information from them for recording at home is different.

The following information is taken verbatim from Ofcom's website:

Recording and monitoring telephone calls or e-mails.

A general overview of interception, recording and monitoring of communications.

The interception, recording and monitoring of telephone calls is governed by a number of different pieces of UK legislation. The requirements of all relevant legislation must be complied with. The main ones are:

 

• Regulation of Investigatory Powers Act 2000 ("RIPA")
  
• Telecommunications (Lawful Business Practice)(Interception of Communications) Regulations 2000 ("LBP Regulations")
  
• Data Protection Act 1998
  
• Telecommunications (Data Protection and Privacy) Regulations 1999
  
• Human Rights Act 1998
  

It is not possible to provide comprehensive detail of that legislation here. Any person considering interception, recording or monitoring of telephone calls or e-mails is strongly advised to seek his/her own independent legal advice and should not seek to rely on the general information provided below. It should be borne in mind that criminal offences and civil actions may occur when the relevant legislation is not complied with. Accordingly, Ofcom accepts no liability for reliance by any person on the following information.

Can I record telephone conversations on my home phone?

Yes. The relevant law, RIPA, does not prohibit individuals from recording their own communications provided that the recording is for their own use. Recording or monitoring are only prohibited where some of the contents of the communication - which can be a phone conversation or an e-mail - are made available to a third party, ie someone who was neither the caller or sender nor the intended recipient of the original communication. For further information see the Home Office website where RIPA is posted.

Do I have to let people know that I intend to record their telephone conversations with me?

No, provided you are not intending to make the contents of the communication available to a third party. If you are you will need the consent of the person you are recording.

Can a business or other organisation record or monitor my phone calls or e-mail correspondence with them?

Yes they can, but only in a limited set of circumstances relevant for that business which have been defined by the LBP Regulations. The main ones are:

 

• to provide evidence of a business transaction to ensure that a business complies with regulatory procedures
  
• to see that quality standards or targets are being met in the interests of national security
  
• to prevent or detect crime to investigate the unauthorised use of a telecom system
  
• to secure the effective operation of the telecom system.
  

In addition, businesses can monitor, but not record, phone calls or e-mails that have been received to see whether they are relevant to the business (ie open an employee's voicemail or mailbox systems while they are away to see if there are any business communications stored there). For further information see the BERR website where the LBP Regulations are posted.

However any interception of employees' communications must be proportionate and in accordance with Data Protection principles. The Information Commissioner has published a Data Protection Code on "Monitoring at Work" available on its website here. The Code is designed to help employers comply with the legal requirements of Data Protection Act 1988. Any enforcement action would be based on a failure to meet the requirements of the act - however relevant parts of the Code are likely to be cited in connection with any enforcement action relating to the processing of personal information in the employment context. Accordingly this Code of Practice and the Data Protection Act must also be considered by any business before it intercepts employees' communications.

 

 

 

Do businesses have to tell me if they are going to record or monitor my phone calls or e-mails?

No. as long as the recording or monitoring is done for one of the above purposes the only obligation on businesses is to inform their own employees. If businesses want to record for any other purpose, such as market research, they will have to obtain your consent.

What do I do if my calls have been recorded unlawfully?

Under RIPA it is a tort to record or monitor a communication unlawfully. This means that if you think you have suffered from unlawful interception of your phone calls or e-mails you have the right to seek redress by taking civil action against the offender in the courts.

[Martynandemma]

Does anyone know what JBDR are listed on companies house as

 

I looked for JBDR GBDR GB debt recovery JB debt recovery nothing

 

Are they a big [problem] or do they exist ??

[postggj]

Jbw Are Baliffs

 

They Are In The Debt Collection Biz Also

Got The Right Name

Got An Address

[postggj]

For info;

 

JB Debt Recovery

176 Bath Street

Glasgow G2 4HG

 

Website is JB Debt Recovery

 

Hope tihs helps!

[Martynandemma]

thanks post I sent you a PM on this but we seem to have crossed in the mail so to speak

 

I managed to find them on companies house but it says they changed their name on 13/11/2001 to JB (Ventures) Ltd

 

now if they are now known as JB (ventures) Ltd are they allowed to do business as JB Debt recovery ?

 

they also have a subsidiary called prime collections ltd

 

any experts on this ??