Debt Managers Ltd and Barclays

[DebtHater]

Firstly we did not know who Debt Managers Ltd were until I googled it.

 

Been following all the various threads what I've found regarding Debt Managers Ltd and after a heated phone call today I thought it was time to post a thread on here about our problems with this bunch.

 

After we got in debt following my redundancy a few years ago we arranged with all our creditors a agreed monthly payment by direct debit.

 

This also applies to a Barclaycard Visa my wife had. For many months now, she has been paying Barclays via direct debit every month and never missed a payment.

 

On the 11th August 2010 we recieved a letter from Debt Managers Ltd with a Notice Of Action acting as agents for Barclays basically saying:

- we have failed to respond to a formal demand issued by Barcalys (NEVER RECIEVED A FORMAL DEMAND)

- Monthly Statements will no longer be sent out to us (NEVER HAD MONTHLY STATEMENTS)

- Pay the full debt immediately

etc etc

 

We ignored this letter but my wife has constantly been bombarded with phone calls from Debt Managers Ltd at home in the day and if not at home they call her at work.

 

Anyway. Today they rang the house and I answered. As soon as he said he was from DML and wanted her mobile number I let rip into him telling him to stop calling her at work and at home and that we had no contact from Barclays to say that DML were taking over the account. I also mentioned there is a CCA Request and a Telephone Harassment letter on its way to them to which the guy replied fine then as he was within his rights to call me as Barclays had given DML all our contact details. He kept trying to give me a number so the wife can call them to which I said we would never call them. It was quite a X rated call in the end. The cheeky sods even called 5 minutes after but it was a machine saying press 2 if you are Mrs **** ******.

 

Doe's anyone think I did right in having a go at the guy from DML or should I have stayed calm on the phone? Will it upset them even more:-|

 

DH

Edited August 19, 2010 by DebtHater

[rockwell304]

Doe's anyone think I did right in having a go at the guy from DML or should I have stayed calm on the phone? Will it upset them even more:-|

 

The sensible approach suggested by seasoned Caggers on here is to say "everything in writing" and put the phone down, do not answer their security questions.

 

Let me tell you what I did! Everytime these morons rang I simply said "f**k off and put the phone down. They soon got the message and the calls stopped! I used the same approach with a couple of other pond life DCA's - same result.

 

Good luck!

[DebtHater]

Cheers rockwell

 

I nearly use the F word when I was on the phone to them earlier but me being a err.. gentleman:rolleyes: I also asked the chap how much money he makes from making these types of phone calls to scare people to which he replied that he was ending the call, of course only to followed by that answering machine type call I recieved just after he hung up.

 

I expect the phone to go again after 5 when the wife comes home from work, or do DML only work 9-5 as well and thats why they try to contact you at work??

 

DH

[rockwell304]

DH, they initially called me between 7.45AM - 9.30PM 8 to 10 calls each. I have seen a very strongly worded letter on here, (I can't remember who drafted it) leaving whoever is instigating the telephone harassment in absolutely no doubt that you will take legal action to make them stop.

Regrettably my gung-ho attitude is not suited to all! When I received a letter stating a doorstep collector would call, I wrote to the DCA advising them i was in receipt of their intimidatory threat and should an incident occur I would arrange medical attention, ambulance service etc to assist their trespassing cretin. Never heard from them again!

[rockwell304]

I meant to add, this is simply a question of you taking control, gaining the upper hand and making yourself feel better. You decide and dictate the terms! If some idiot calls at your home you throw him through the gate, if someone telephones you dictate terms, it's your phone! Once these idiots realise they cannot intimidate you they'll soon move on to an easier target (unfortunately)

[harrassed senior]

Right here is my suggested plan of action, some of which you may already have done:

 

1. Sent CCA request to DM - make sure it contains this paragraph "If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc."

2. Also send, in the same Recorded Delivery envelope the Telephone Harrassment Letter.

3. Complain online to the OFT and Trading Standards here: Consumer Direct Complain to: Ofcom

4 Get yourself a loud whisle (for home, not work) and each time they call, blow it loudly as you can down the mouthpiece). At work, I would suggest your wife puts' on her 'posh' voice and answers "Mrs so and sos line" and when they ask for her and she knows its them, say in best BBC voice "please be advised no personal calls are allowed to be taken or made from this Companys telephone" or words to that effect. If she wants' to add ' to facilitate imposing this rule, tracing and recording equipment is in use and may be used in litigation.

5. Sit back and smirk to yourselves

[intree]

Barclays are a total waste of time and energy - these so called debt Managers Ltd are a group of To44ers who think they are above the law - tell them to sod off or bar their numbers on your phone, dont write to them unless you have a signed copy of your credit agreement (I have two Barclays cards - no agreements at all) until then, treat them as you would spam mail and nuisance callers - they do not deserve your time, energy or resources until they can prove the debt is legaly enforceable............................if you want any other advice post back as many on CAG are very good to guide you correctly from experience - Now go and have a cup of tea and relax..

[DebtHater]

Right here is my suggested plan of action, some of which you may already have done:

 

1. Sent CCA request to DM - make sure it contains this paragraph "If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc."

2. Also send, in the same Recorded Delivery envelope the Telephone Harrassment Letter.

3. Complain online to the OFT and Trading Standards here: Consumer Direct Complain to: Ofcom

4 Get yourself a loud whisle (for home, not work) and each time they call, blow it loudly as you can down the mouthpiece). At work, I would suggest your wife puts' on her 'posh' voice and answers "Mrs so and sos line" and when they ask for her and she knows its them, say in best BBC voice "please be advised no personal calls are allowed to be taken or made from this Companys telephone" or words to that effect. If she wants' to add ' to facilitate imposing this rule, tracing and recording equipment is in use and may be used in litigation.

5. Sit back and smirk to yourselves

 

 

Cheers for the replys

 

The CCA and Telephone harassment letters are already on their way to DML via recorded delivery although seperately, and without the line highlighted. Will this matter??

 

Funny you should mention the wife putting on a posh voice. She works on reception and can change her voice accordingly:rolleyes:

 

DH

[DebtHater]

intree. thanks for the reply.

 

Just said to the wife the vision I had of the type of loner that phoned from DML this afternoon.

 

A lonely suitboy sat at a desk with his 70cl McDonalds coke next to him with a copy of trainspotting monthly (apologies to any trainspotters).

 

Regarding barred numbers. DML comes up as WITHELD or UNAVAILABLE so I don't know who is calling at the time.

[harrassed senior]

With regard to that particular sentence, to comply with a CCA request they can send a reconstituted (made up) copy of almost anything and it would satisfy the CCA request. However to be enforceable in a Court of Law, they would have to confirm that they do hold the signed original of the Agreement, and a sensible reason why they have not sent a copy thereof. So, including that sentence just saves a few extra letters in which they confirm they HAVE complied with your request, you remind them of what is required for an enforceable agreement and so on.

[DebtHater]

Thanks hs

 

We'll see what happens now then with the two letters i've sent to DML.

 

I've no doubt the home phone will be going again today as I think DML don't believe the wife works and that she just won't speak to them on the phone at home.

[jimbo45]

These DCA's just think they are above the Law.

As well as the usual OFT and other letters Caggers tell you to send I'd suggest another tack here.

 

Say you are obtaining the ADDRESS of the guy whose phoning you from the electoral register --perfectly LEGAL and you will be publishing his details and how he makes his money by harassing other people in his Local paper or even to his neighbours via fliers since you have his street address from the electoral roll.

 

I think a little bit of Direct Action against these SCUMBAGS like the French do is called for these days --BUT CAGGERS PLEASE KEEP ANY ACTION LEGAL.

 

It's time to start telling these guys if they continue to harass people then they will collect aggro BACK IN SPADES.

 

Debt Collection whilst unpleasant enough should be done in a FAIR AND EQUITABLE WAY. The manner under which this type of activity is carried out in the UK is an UTTER DISGRACE and any civilized country that puports itself to be a decent and fair place should IMMEDITELY tighten up the whole law on this stuff including the TOTAL BAN OF SELLING DEBTS ON TO 3rd parties.

 

Cheers

jimbo

[DebtHater]

Totally agree jimbo especially the way debt are sold onto 3rd parties.

 

Anyway. We recieved another romantic letter from DML yesterday as follows

 

URGENT FINAL DEMAND

Your overdue account has been referred to Debt Managers Ltd from for immediate collection

. SETTLEMENT is required now

. COURT ACTION may be taken unless you make contact with this office

. COURT COSTS may be added to your debt

. FAILURE TO RESPOND to this demand may affect your ability to obtain CREDIT

 

ALL FUTURE PAYMENTS SHOULD BE MADE DIRECTLY TO DEBT MANAGERS LTD

 

How do we react to this latest letter?

 

I have also hignlighted in bold the from for bit. They have obviously missed something out in between then two words. Plus we still have a monthly direct debit set up with Barclays so why have they said all future payments to be made to DML? There is also a Bank Giro Credit slip attached to the letter

 

The letter is also dated the 17th August 2010 which is 2 days before the heated phone call I had.

 

Cheers

DH

Edited August 21, 2010 by DebtHater

[DebtHater]

Well well, that was a quick reply from DML.

 

Got a letter back yesterday basically saying they have tried to contact us by letter and telephone to arrange collection of the debt and they did not deem this harassment. Yeah whatever. So numerous phone calls a day to home and work and threatening letters are not harassment then.

 

Plus this snippet from the letter:

As an agency we work very closly under the guidelines on debt collection practices and ensure we follow these stringently. DML prides itself on compliance, working with organisations such as the CSA and OFT in order to collect ethically and responsibly.

I can advise that we have passed copies of your letters along with your £1 postal order to our client and closed our file. I can advise you will receive no further correspondence from DML with regards to this matter

Please contact Barclaycard direct with any further queries you may have.

Thats seems to have got rid of DML then. So is it my guess that Barclays will now get some other debt collection agency on our backs?

 

Cheers DH

[rebel11]

Debthater,

 

If the agreement has been varied, i.e. interest rates have increased since the account was opened, the creditor has to provide a copy of the orginial agreement aswell

as terms and conditions for each variation.

 

Carey v HSBC (2009)

 

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/QB/2009/3417.html

[sillygirl1]

Well done, DML kept phoning me at one time and at that stage I answered the telephone in Japanese, kept repeating "Sumimasen" which is Japanese for Excuse Me, whenever they spoke....

 

I agree thaat the way these companies operate is disgraceful but unfortunately the current government is going for the private sector to soak up the outfall of their cuts and companies like these will take anyone on, all you have to do is be able to use a telephone and learn a script.

[rebel11]

Apparently the OFT are meant to be working on something, but with their record, don't count on it.

[Rayne]

Apparently the OFT are meant to be working on something, but with their record, don't count on it.

 

damn i almost fell off my chair laughing then...the OFT..i got a new name for those capital letters but it aint Fair Trading :s

 

saw a post on here last year but cant remember where now. It goes something like....

 

Phone rings, I being a curious chap answer it:

 

DCA: Hello is this Dr Frankenstein?

Me: Yes, who is this?

DCA: Its Betty Boo from "We Have No Enforcable Agreement But We'll Rip You Off Anyway"

Me: Ah that's ok then. Have you seen my tea towel?l

DCA: I'm sorry?

Me: Don't be sorry, it's just a tea towel

DCA: Ok....can I just ask you some security questions?

Me: What about my tea towel?

DCA: Your tea towel? I'm sorry but Im phoning about a debt you don't owe and that we have no paperwork for because nobody ever said there was any, but we figured we' chance our limbs anyway?

Me: Oh ok then. But you MUST promise me to help me find my tea towel afterwards.

DCA: Of course we will ma'am, after all we're honest and reliable and can always be trusted to do the right thing.

Me: Thats good then isn't it? Ask away

DCA: Can you confirm the.....

Me: I saw it on top of the TV last.

DCA: Saw what? (said with a sigh)

Me: My tea towel. It was on top of the television box. Its a silver jubilee one you know.

DCA: Ma'am I don't care about the tea towel. I'm phoning about a debt you don't owe and that we don't have the paperwork for.

Me: Of course. Sorry. Please carry on.

DCA: Please can you confirm the first line of your address?

Me: Tea towel tea towel tea towel tea towel tea towel....

 

Phone goes dead.

 

 

Can't remember who posted that up originally but kudos to them

[DebtHater]

Morning folks. Thought they had gone quiet over at Barclays for a while. Looks as they they've set some other DCA onto the case.

 

We have now received a letter from Allied International Credit requesting a full and final settlement, or these options:

- submit a down payment of 25% (£800) of the balance plus the remaing balance over 48 months (£50 per month)

- make nearly £100 payments over 36 months.

 

Not as threatening as the Debt Managers letter we received but still demanding in a way plus they are telling us to ring them immediately.

 

As far as i'm aware they have not tried ringing us unless it is the caller we've had lately that keeps hanging up on us.

 

Any advice on the next course of action from our end.

 

Cheers

[DebtHater]

We had a letter from Barclaycard yesterday with what looks like a pathetic photocopied attempt of a CCA from 2006.

 

Some snippets from the covering letter:

 

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

 

Due to the current status of your account, the full outstanding balance is now due. However, if you are experiencing any financial difficulties, please contact us to discuss a mutually acceptable repayment arrangement.

Please find enclosed a copy of your original executed agreement and a copy of the latest Terms & Conditions of the account prior to it being transferred to our Recoveries department.

With reference to the Civil Procedure Rules (the CPR). We have provided you with sufficient information to allow you to understand our position. The CPR does not confer an automatic entitlement to documents before proceedings start. CPR 31.16 provides that a party may apply to the court for pre-action disclosure in certain limited circumstances, which do not apply here. The application must be supported by evidence - and the usual order is for the applicant to pay the costs of the application, including the respondents costs, together with the respondants costs of complying with any order that is made as a result (CPR 48.1(2)

While there is no formal obligation on our part to provide documentation in answer to Validation of Debt correspondence, we have undertaken steps to provide you with the contractual terms under which your financial obligations arise and a statement od account.

I am fully satisfied that the sum outstanding by you remains legally due and payable. You should continue to repay the outstanding balance oed on your account in accordance with the terms of your credit agreement. If you do not, we may register a default against you with credit reference agencies, although we will formally notify you before doing so

This completes our obligation to you under Section 78 of the Consumer Credit Act 1974

Yours Sincerely

Judith Rowney-Smith

Barclaycard Customer Services

 

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

 

As I mentioned, all they have sent is a photo copy of the CCA and Terms. No original copies with signatures from when we took the account out around 2003.

 

Any ideas what I should do next as the letter is all mumble jumble technical stuff to me

 

Thanks

[DebtHater]

Bye the way. We are actually paying £5 per month via direct debit to Barclaycard and having been doing so for years now since our finance problems began.

[oilyrag]

Hi DH

 

Have you had a valid Default Notice? This letter from BC is badly worded and implies at the very least that they are demanding payment in full for the outstanding balance which they cannot do unless the correct procedures are followed as per the CCA1974/2006 demands. It is likely that they have terminated unlawfully but the experts need to take a look at what has been done so far.

 

regards

oilyrag.

[DebtHater]

Hi DH

 

Have you had a valid Default Notice? This letter from BC is badly worded and implies at the very least that they are demanding payment in full for the outstanding balance which they cannot do unless the correct procedures are followed as per the CCA1974/2006 demands. It is likely that they have terminated unlawfully but the experts need to take a look at what has been done so far.

 

regards

oilyrag.

 

 

Not received any Default Notice from BC.

 

This letter we got yesterday from BC is far too technical for me to understand. All we get the odd letters from DCA's and I do the usual CCA request letter then it gets passed back to BC.

 

This is the first letter we have received from BC in which they are requesting payment. As I mention the rest of the letters are from DCA's

[hatesdebt]

Well,

 

BC do seem to follow the same format don't they.

I had mercers, calders and then dm ltd.

 

With dm, I just virtually ignored them in the end. I never answered thier calls even once!

I sent an account in dispute letter, they said they'll refer to barclays. They then wrote saying that barclays don't accept the account is in dispute and kindly enclosed an i&e form for me to return. Needless to say, that went in file 13. Never heard from them since.

 

I've had no dn from bc and my agreement (msdw) is an obvious cut and paste.

 

Good luck on your next step...

[rockwell304]

"I've had no dn from bc and my agreement (msdw) is an obvious cut and paste."

 

I think you have already had a look at my so called agreement, again an obvious cut & paste. Is your the same?