@barclaycard BC Goldfish a/c mercers/debt managers/ call serve - now arrows

[francoe]

Thanks.

 

Just had a telephone conversation with Debt Managers Ltd regarding Barclaycard Goldfish.

 

Problems started on this account in sept 09

when i advised them wouldn't be able to make repayments bal was 692.

 

Was handed to dml in may 10 bal 925.

 

All charges & interest.

 

Telephone conversation this morning they were able to offer settlement 500 around 46% drop.

Can i pay this now.

I advised them next that i didn't agree with their balance

& would take the path of reclaiming the charges so as to get the balance to the original 692.

 

They then gave me a 7 day f & f of 445.

 

I then replied if i reclaimed the charges & got to the balance of 692

& then applied there wonderful percentage reduction of 46%

i would be somewhere near to where i wanted to be, 350.

 

They then offered me for today only 370.

 

I am lucky to be able to get my hands on this amount & telephoned back to make payment.

 

Before i make the payment i asked the question what guarantee would

i get that i would not be chased further down the line for any more money

& how it would appear on my credit file.

 

Their reply was i would receive a letter stating that i would receive a full & final settlement letter from dml

& then the account would be returned to barclaycard goldfish.

 

It would be entered on my credit file as part payment settled, but settled.

I would like to take this opportunity to get rid of this debt but its the wording on my credit i do not like.

 

Is this correct or should it be showing as satisfied or does this matter

 

.Also if account is returned will barclaycard ever come looking for the difference.

 

When dealing with these people i just don't believe anything they say.

 

I post it here as it will come to be connected to the above barclaycard account

in the fact that i will be taking the same sort of action with them.

I have untill 8 tonight to do something.Any guidance on this appreciated.Ever helpful Slick?

[sillygirl1]

Tell them you want the credit file to be marked settled (marking it part settled when the rest is charges is blatant cheek) and then you will pay up. Don't forget if they don't give it to you in writing you write and confirm this.

 

Also you want the money paid to YOU and not taken off the balance - this is another little nasty ploy.

[slick132]

Personally, I wouldn't rush into settling on their terms.

 

What is the real a/c balance, before their penalties and interest. Have you done a spreadsheet for this yet, to see what you should reclaim on the a/c for charges and interest.

 

As far as their deadline, it's a ploy to extract money from you asap. So don't feel you'll miss out if you don't agree to their terms today.

 

Without confirmation in writing BEFORE you pay them, you could find they send no letter and they still pursue for further payments.

 

Experience suggests they will NOT show the debt as settled unless you pay off the full a/c balance. This is a good reason to negotiate properly, get the charges and interest removed from the account and then see what balance remains. You may well find you can pay it off in full AND have the a/c showing as fully settled.

 

Posts moved to a separate thread to avoid confusion.

 

[francoe]

Thanks for moving & input from both.Will post up in a short while background to this account.

[francoe]

Right a short layout.

 

Had the account some years running in terms with a couple of charges.

Sept circumstances change cant afford to repay.

Jan 09 12.00 chg

Aug 09 12.00 chg

Sept 09 sent letter explaining my situation along with the CCCS recommended £1.00 Token payment

& a request not to penalize me or continue to chg interest.

 

Sept 09 a/c bal £692.28 c/l £700.00

 

Sept 09 2 chgs £12.00 each

 

This pattern continues until & incl April 10

(Some reason no chgs in Nov)

 

a total of 16 chgs @ 12.00 each

 

Token payments to date 6 @ 1.00 & 8 @ 5.00

 

by my reckoning

Total chgs 192.00

Interest 46.18

Payments made 46.00

284.18

 

their closing balance sent to DCA 925.01

Less above deductions 284.18

Leaves 640.83

 

Any advice with this info.Thanks

[slick132]

I suggest you set about formally reclaiming the charges and interest to reduce the current balance.

 

Have you put all the charges on a compound interest spreadsheet and used their Cash Advance rate as the rate at which to claim back interest.

 

8-)

[francoe]

Yes i have used the egalegal compound calc as per your link but didnt use car rate.

 

In rough working out i added the par & the car & diveded by 2 & used that.

 

Dont ask me why i just wanted to see roughly where i was.

 

So i use the car,ok.

 

Now to the end date of the charges.

 

The last time i was charged was april do i use that date or the date i send the claim?

 

Also this account is with a DCA.

 

Do i still send the claim direct to Goldfish?

 

Thanks again

[slick132]

Unless the debt has actually been sold by BC to DML, which I doubt, send the claim letters to BC.

 

I've replied on your other thread about interest calcs - use the Cash Advance Rate.

 

8)

[francoe]

So your of the thinking that BC have not sold the debt to DML.

 

How do you know if a debt is sold on,

 

do BC have to inform you.

 

What is the purpose of DML.

 

How can DML offer such a substantial reduction as per above.

 

Is this a trick to say that you have a full & final settlement

but only from DML & then BC chase you again for the remaining through another agency.

 

When i spoke on the phone i did ask if they were in any way connected to BC

& their answer was no.

 

Also when i offered to pay £350 f&f their reply was BC would not accept this.

 

Thanks again for your input.

 

On both.

Edited October 21, 2010 by francoe
screen jump halfway through post

[francoe]

Can i also just mention that i went down the CCA route with both but didnt feel confident enough to continue.

[slick132]

Hi Francoe,

 

BC often use Mercers and Calders. They are BC's regular debt collection monkeys but the a/c is always still owned by BC at this stage.

 

In your case, I suspect the a/c is still owned by BC because they tend not to sell off a/c's to outside DCA's. DML took it over after just 8 months so I think it's still BC's.

 

Write to BC direct about reclaiming the charges and see how it goes.

 

Re the CCA route, with the benefit of hindsight, it's maybe a good thing you didn't pursue it as this often causes an impasse with BC.

 

8-)

[francoe]

Spreads done,letter ready,can anyone supply an address.

 

Cheers

[rebel11]

Barclaycard

Barclaycard House

P O Box 5592

Northampton

NN4 1ZY

[francoe]

Thanks Rebel11

Thought i read somewhere that this was not the one to send it too.

 

Mass mail & all that.

 

Actually have sent letters here before & have been denied as received.

 

Is this there main registered office add is it not a London add or is that Barclays bank,

 

are they not the same?

 

Cheers

[slick132]

The Northants address is fine for the Prelim Letter and LBA but see here about who to sue when you file your N1 at court - http://www.consumeractiongroup.co.uk/forum/showthread.php?173450-Use-the-right-name-when-Filing-against-BC

 

8)

[francoe]

Cheers.Letter away tomorrow.

[francoe]

Hi

 

I am after some advice or information regarding the passing of debts from one company to another.

 

The debt is on a Goldfish card which was passed to mercers first sometime in 2009.

 

In 2010 it was acquired by DML & I continued payments to this company.

 

Whilst paying DML in June i received a letter from a company called Call Serve asking for payment on this account.

 

I continued to pay DML this month having had no notification from them to say otherwise.

 

Yesterday i received a letter from Call Serve saying that i had disregarded their recent letters

& a local debt collector had been instructed to call.

 

Prior to this letter i called Call Serve to ask who they where only to be asked for all my information

of which i refused to give them & proceeded to tell them to ask DML for all relevant information regarding this account.

 

I also quoted the doorstep calling.

 

This met with the answer `we are debt collectors we can do what we want`.

 

This does not bother me & is a load of fanny.

 

What gets my goat is the way they toss a balance from one to another with no regard for any other information

& then expect you to do their job for them.

 

what i would like to know is what angle can i go back at Call Serve in regards to getting them to supply me

with information that they have purchased this debt

& how much for.

 

I can handle the doorstep call with the template letter & was thinking of some way adapting the account

in dispute letter forcing them to do some work.

 

Any suggestions much appreciated.

 

Cheers R

[ims21]

Hi

 

Send them the "Prove It" letter.

 

If you haven't had a notice of assignment don't pay them.

 

If I wrote to you demanding money saying I was a debt collector, could I really expect a cheque in the post from you? I think not.

 

Another thought....are you confident that any of these dcas have a right to collect?

 

Have you thought about reclaiming any charges and/or ppi on the account?

 

Regards

 

ims

[francoe]

Thanks for reply

 

The prove it letter sounds good.Is there a template to view on here?

 

How do you mean assignment?Is that a ccj,as none of my debts are ccj.

 

I agree about not just paying any tom dick or harry & how do you mean am i confident about the dcas having the right.

 

PPI is non existence & i have done charges previous.

 

Cheers R

[ims21]

Thanks for reply

 

The prove it letter sounds good.Is there a template to view on here

 

How do you mean assignment?Is that a ccj,as none of my debts are ccj.

 

I agree about not just paying any tom dick or harry & how do you mean am i confident about the dcas having the right.

 

PPI is non existence & i have done charges previous.

 

Cheers R

 

Hi

 

Prove it letter is here

 

http://www.consumeractiongroup.co.uk...ng-of-the-debt

 

No...not ccj. A Notice of Assignment is issued when a debt is transferred to a dca. Its basically just a letter telling you that the debt has been sold or assigned to another company.

 

What I meant about having the right is did you get a Notice of Assignment form the original creditor telling you that the debt had been passed on? Also a CCA request can be sent to a dca (with a fee of £1) which requests a copy of the credit agreement. If the dca can't provide one then they have no right to collect the debt.

 

Regards

 

ims

[francoe]

Thanks for the letter link.

 

A notice of assignment,

interesting i will have to dig back in file to see if i originally received this from goldfish.

 

Does this also apply from mercers to DML & DML to Call Serve,

i mean does this happen every time it gets sold on?

 

As to the CCA request i tried this line in 2009 to be sent photo copies of certain things

but at the time people seemed to be hitting a wall with this.

 

I dont know if you would call my debts at a semi advanced stage.

I have done the charges & tried the CCA route.

 

I started paying token payments @£1 p/m 2009,circumstances improved £5 p/m & now at £10 pm in 2011.

 

All this was done without ever questioning whether any of their paperwork was correct,

 

i just felt a duty to pay my debt.

 

I have been through all the threats & the differently worded letters but came to the conclusion

that they would not take me to court.

 

i paid DML £10 p/m,

next without a word,

Call Serve want the whole lot.

 

I can handle this tactic.

 

I m a new client to them.

 

Can I go back at them & ask them to prove this account without prejudicing any previous work already done.

[francoe]

Hi

 

Prove it letter is here

 

http://www.consumeractiongroup.co.uk...ng-of-the-debt

 

No...not ccj. A Notice of Assignment is issued when a debt is transferred to a dca. Its basically just a letter telling you that the debt has been sold or assigned to another company.

 

What I meant about having the right is did you get a Notice of Assignment form the original creditor telling you that the debt had been passed on? Also a CCA request can be sent to a dca (with a fee of £1) which requests a copy of the credit agreement. If the dca can't provide one then they have no right to collect the debt.

 

Regards

 

ims

Also just tried link but cannot access it?

[ims21]

Hi

 

It is excellent that you have been making headway into your debts.

 

The problem with the debt collection industry is that it is rotten to the core and they don't play by the rules. This is why some people get caught in the trap of making payment after payment without much knowledge of who they are paying and why. It sometimes happens that payments go into the dca pocket rather than going off the debt. Some dca's buy the debt in which case a Notice of Assignment is required while others act on behalf of someone else so a NoA is not required.

 

You can always send a CCA request to any dca...it won't prejudice what has gone before. Rather than using the request to challenge anything in court, it can be used as a tool to verify that a praticular DCA has a right to collect the debt.

 

Do you receive any statements of account at all and if you do, can you reconcile them to any figures you may be keeping?

 

It is up to each individual of course but if you are in doubt you can always send a CCA request. If they cannot provide the relevant docs then they have no right to be collecting the debt. Doesn't mean that debt doesn't exist, it is just you don't have to pay that particular dca.

 

Regards

 

ims

[francoe]

Hi

 

It is excellent that you have been making headway into your debts.

 

The problem with the debt collection industry is that it is rotten to the core and they don't play by the rules. This is why some people get caught in the trap of making payment after payment without much knowledge of who they are paying and why. It sometimes happens that payments go into the dca pocket rather than going off the debt. Some dca's buy the debt in which case a Notice of Assignment is required while others act on behalf of someone else so a NoA is not required.

 

You can always send a CCA request to any dca...it won't prejudice what has gone before. Rather than using the request to challenge anything in court, it can be used as a tool to verify that a praticular DCA has a right to collect the debt.

 

Do you receive any statements of account at all and if you do, can you reconcile them to any figures you may be keeping?

 

It is up to each individual of course but if you are in doubt you can always send a CCA request. If they cannot provide the relevant docs then they have no right to be collecting the debt. Doesn't mean that debt doesn't exist, it is just you don't have to pay that particular dca.

 

Regards

 

ims

 

Ok

I agree that the whole DCA thing smells like a sewage works on a hot day.

 

I have took a lot of advice from this forum & the people on it & used it in anything i did

& must point out out that it has been of the greatest help.

 

I know my debt.

I know who it is originally with.

 

How do you find out if a DCA bought a debt & for how much?

 

As per your reply it seems the next port of call is to go after Call Serve with a CCA to verify this DCAs right to collect.

 

No statements since leaving Goldfish except end of balance & i keep my figures.

 

To sum up send call serve a CCA Request.I am ok with this aslong as i can use the account in dispute?

 

Cheers R

[ims21]

Hi

 

You won't find out how much was paid for the debt...that information isn't available to Joe Public...it is commercially sensitive info.

 

If a debt has been sold then a Notice of Assignment has to be issued.

 

I would CCA Call Serve and see what comes back. Take it from there.

 

Regards

 

ims