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major debtor 2010

Fairfax Solicitors & Barclaycard

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Have received the attached letter from Fairfax Solicitors in respect of a debt due to Barclaycard.

http://i1022.photobucket.com/albums/af343/majordebtor/Debtor/scanneddocument001-2.jpg

 

Have previously sent off all the relevant letters requesting CCA etc, etc, this has already been running since May 2010.

 

Does anyone think it is worth phoning them? am very anxious about doing that, as have tried to keep all communication in writing.

 

In summary they are in default as haven't supplied CCA

 

Any thoughts would be much appreciated

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Guest Cartaphilus

I wouldn't phone them, it appears to be the usual threat letter to get you to do just that. Variations on a theme. It may be a good idea to send Fairfax the appropriate letter, reminding them that until you have received - and, whilst we all know it goes on, BC shouldn't have passed it to a DCA anyway, but they amongst others appear to do this once in receipt of such requests ie shove it into the hands of a DCA once a CCA has been requested - what you requested you are not obliged to enter into communication with them.

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Guest Cartaphilus

I believe it's the 'bemused' letter in the template library you will require. I may be wrong. Either way, the account remains in dispute until your CCA or any reply is provided. Barclaycard are known for being 'difficult' with anything regarding credit agreements. It may even be a sign, as it's been passed to Fairfax, no CCA exits but until you can establish this as I said you aren't obliged nor can they demand anything of you.

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If they are offering discount its more than likely unenforceable

Don't waste your time talking to them on the phone, send the appropriate letters as previously suggested.

You could also contact B/C and ask why they passed a disputed account on to Fairfax

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Guest Cartaphilus

Incidentally but exact same thing you've had today, not Fairfax, but Robinson Way (whom I note have toned down their usual threat letters recently/lately, even sounding 'polite' to the extent I am thinking 'is this the same ones who wrote a while ago because they sound almost friendly' but I won't be fooled ... because give them time, when I don't respond I imagine those will quickly revert to 'old school' template letters) ....sent me a letter today like yours, offering a discount and to 'take advantage' of it ... They don't have a CCA, and I know they don't. Not to avoid anything, of course, but had they like most creditors or DCAs been reasonable from the start, accepted your situation ... Well, you can see?

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I received two letters today, one from Fairfax threatening legal action over a Barclaycard, and one from Max Recovery, same address, same everything, demanding the same £5500. The debt dates back to last August.

 

A few points here. 1. I have never had a barclaycard. 2. I have been living outside the Uk for the past 10 years so when I did try to get a barclaycard they said no, as I had not stayed in my apartment long enough in the UK. 3. I have only been living in this address since January.

 

So I explain this and the woman at the end of the line asks me my DOB, I tell her and she says that matches. She asks for my previous address and I do not tell her and iterate point 3. that I have only been living here this year so how did a debt from another year come here.

 

She then apologised, asked if lived in Sunderland, I said no, she asked if I had before, I said now, and she said it was a faulty trace and hung up.

 

Something is dodgy here, I am concerned and may well involved the ombudsman because I am concern that Fairfax and several of these so called "solicitors" who are really debt collectors who have bought bad debts in bulk, are screwing up my and everyone else's credit scores by looking for the name of the debt holder and, as soon as they get a match send letters, without checking if it is the right person.

 

I have a common name. But all of this stinks.

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Guest Cartaphilus

Well, you'd be far better starting your own thread ... It will get more replies for starters, because this thread is for the person who started it.

 

 

Yes, there certainly is something dodgy going on here, and you said it yourself. Least of all the odd questions you said they've asked you; personally, I would have either put the phone down or asked them why they wanted to know questions relating to data protection issues being asked by some total stranger calling. So, here is what you will need to do, as by your own words this doesn't appear to be your debt:

 

General debt letter - if you know nothing of the debt...

A letter used when a debt collection agency contacts you about an unknown debt.

 

 

Name/Address:

 

Date:

 

Dear Sir/Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we 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. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

Send that by recorded delivery DO NOT SIGN IT, print your name to Fairfax. Though, when you have started your own thread it would be helpful to provide more details ie what kind of letters you've had from Max Recovery and also the latest from Fairfax. Though, unless I have somehow misunderstood you, this debt doesn't appear to be yours so that letter should suffice for now. When they've replied with something, then let us know here and more experienced people here will be able to help you.

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