csl pain in the butt

[Bazooka Boo]

Who knows how their tiny minds work!

[wittsend]

Hi all

 

I have today received a letter from barkleys in reply to my CCa request

they have enclosed up to date term and conditions

 

a statement of account as it was when passed to rheir recoverys dept

 

A peice of paper with my name and address on it containing the Your right to cancel box

this is stapled to a photocopy of what they are calling the original agreement

But they are so small I can't read them even using a magnifier

 

no signiture on any of the copys and no signiture box either

 

Have they complied fully with my request or do I need to write back to them

 

thanks witts

[wittsend]

hello anyone out there??

[jed52]

Give them time wittsend, even caggers need to rest sometime

jed

[stripper]

This might satisfy the reconstructed bit(Although I doubt it as its been cobbled together)but IMO will not stand up in court.If this was produced as evidence to a Judge,even a biased one,would have to refuse it.

However,lets wait to see what the other Caggers come up with cos you want to know the next step to take,so do I.

all the best

Stripper

[babybear39]

It's Sunday, I have a cold and I really don't want to give you the wrong info.

 

I will, however alert the site team to help if they can.

[rebel11]

Hi wittsend

 

It's standard format, Barclaycard wouldn't send the correct documents even if they have them.

 

Also, you need to note that unenforceability is a difficult area.

 

You've had the account since 1988, the agreement has been 'Varied' by Barclaycard numerous times, i.e. the interest rate has increased, so according to Carey v HSBC (2009) the creditor has to provide the Original Agreement as well as Terms and Conditions at the date of Request.

 

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/QB/2009/3417.html&query=carey+and+v+and+hsbc&method=boolean

 

Summary at the bottom point (4)

[citizenB]

Have you received a Notice of Assignment at all ?

 

TBH, I would not have made any arrangements to pay CSL until such times as they provided you with one. Perhaps it would be a good idea to write to B/shark along the lines of...

 

I have received threatening letters from a company called CSL (or whoever).

 

As I have not received any notification that this account has been sold/assigned, I would be obliged if you would confirm the date on which this took place.

 

Bearing in mind that I had a payment plan in place with Barclayshark, I am very concerned that no notification was given to me.

 

I look forward to hearing from you within 14 days.

 

Then a letter to CSL.

 

Dear Sirs,

 

In response to the threatening letters and persistent telephone calls received from both you and a company called Power2Contact, apparently instructed by you to harass and intimidate.

 

I have today written to Barclayshark for them to advise if you do in fact have the right to collect on this account.

 

There was a payment plan in place with B/shark that was being serviced regularly on the 20th of each month and which I can prove with statements/receipts.

 

I have not been officially advised by either B/shark or CSL that the account was assigned/sold and have not been provided with the documentation that confirms there was any right of the original creditor to assign/sell this account.

 

In the circumstances, It is my belief that you are acting contrary to OFT guidelines and will be making an official complaint to them in this respect.

 

I would also point out that I have made it very clear that I will not discuss my private financial arrangements over the telephone and in order to protect myself in the event that the threatened litigation takes place, I must insist that all communication between us be conducted by letter.

 

Please note, ALL calls to my number are recorded as is my right as the bill payer and by calling you give your consent to its 1/3 party publication.

 

Yours faithfully,

 

etc

sign over a grid of

XXXXXXXXXXXXXXX

XXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXX

 

HTH

[wittsend]

Hi BB39 so sorry your not well, thanks for stoping by

 

witts x

[wittsend]

rebel and citizenb

 

thank you for your input,

 

witts

[wittsend]

I am not trying to get out of paying the debt back, I am tyring to find out if CSL/barklyshark, have the right or the paperwork to take me to court

if my repayments are not to their liking

 

w

[wittsend]

stripper

how are you getting on with your argument with them

witts

[stripper]

I have received another bout of demands ,exact repeat of last month.Letters from Powerless2contact and so on.Just ignoring them .However I am waiting to see if they are going to try anything else before I start with my stuff.Basically ,like you I need to know a lot more at this stage to ensure that I do the right thing .CCA is one thing ,CPUTR is another and taking you to court with cr*p docs is another.We need to learn and understand as much as poss.Thank goodness for this brilliant site.I am certain that the more experienced and knowledgeable on this site will be coming to your aid asap.

[wittsend]

Hi all

 

received my credit file from experian this week Berklys have registered a default with them dated june2010

 

have no Idea why as stated in my first post I have made all payments on time by standing order

 

Cls contacted me in may 2010 and all payments were accounted for in the ammount they asked for

 

can I ask berzerkys for reason why they have issued this default and ask for it to be removed as it is incorrect infomation about the account

 

witts

[wittsend]

just a thought found an old experian report from2006 Berzerklys had regestered a default on this account dated 30/08/2002

 

maybe they just like to annoy me

[Bazooka Boo]

Get in touch with Sharklays and use their complaints procedure, also add a notice of correction to your credit file to the effect that the information on their is incorrect and you are in the process of having it removed.

[wittsend]

CSL have started with the phone calls from 09.04 21st feb-09.41 today have received 14 calls

pity my phone blocks them so phone appears engaged to them and no ringing at my end

 

bliss witts

[Bazooka Boo]

Complain to Ofcom OFT&TS reference their harassment.

[wittsend]

sent a to CSL letter along the lines of one in post 33, I pointed out that I had also written to Barclaycard, asking if the account had been assigned or sold to them, as I had had no proof in writing that they(CSL) had the right to collect on this account.

 

have today received a letter from CSL, asking me to forward the statutory fee associated with my request??

until this fee is received, my request cannot be processed therefore normal collection activity with? continue

on receipt of my payment, they will action my request

 

I only asked for proof that they had been assigned the account from Barclaycard, is there a fee for that now

 

nothing from Barclaycard

 

w

[citizenB]

There is no statutory fee required. You are making neither a request under CCA1974 which would attract a £1.00 fee or a Subject Access Request which would require a £10.00 fee.

 

You are asking them to provide proof, in writing, that they have the right to collect on this account. Advise them that you will be reporting them to the Office of Fair Trading for attempting to mislead you.

[wittsend]

thanks cb

[wittsend]

part of this message also in Credit ref threads

 

letter received today saying that as my account is closed and charged off they do not have to send me annual statements, I had asked why they did'nt send me a yearly statement of account like all my other responsable creditors did

they confirm that my account has not been sold off and can be recalled at any time, and they are under no obligation to provide me with a notice of assignment or a reason for CSLs involvement

and that if they are sending me letters threatening court action for none payment, when it has been paid I should take it up with CSL not Barclays

 

no reply to why they issued a default last june, and saying they have checked their records and spoken to experian and there is no record or a default being recorded against this account before xx/xx/2010 so it has not been recorded incorrectly and cannot remove it.

if I have documentation of a default being recorded in 2002 ( do you think a print out of my 2006 credit file with it on counts) they will be able to investigate further,

 

in the next parra they say

Barclaycard issued a default on xx/xx/2002 due to arrears on my account,and that they can only issue one default notice and it can be recorded any time after its issue and cannot provide proof of posting for it,

they dont have to I have that one , thats the one they say they didn't record with the CRA,

It's the one they recorded last year that I haven't received and wanted a copy or proof of posting for

 

but they do say this is their final response if i wish to take it to the fso

 

any coments

 

witts

[Bazooka Boo]

FSO it is.

[wittsend]

scanner not working so will type out the letter received from Barclaycard

 

 

Dear Mrs Witts

 

I write in reply to your letter of xx/xx/2011. Thank you for taking the time to write to us. Your correspondence has been refered to me so that I may investigate and respond in my capasity as Customer Relatinship Manager.

 

Having read your correspondence I understand you are unhappy as you belive Barclaycard has recorded a second default against your xxxxxxxxx account I note you are further displeased as you have not received any statements or default notices.

 

Having carried out a review of our records and having spoken to Experian, I must advise that there is no record or a default being recorde against your xxxx account before xx/xx/2010.

Therefore, as I do not consider that the default has been recorded incorrectly I am unable to have it removed. If you are able to provide documentation of a default being recorded in 2002 I will be able to investigate further.

 

I should advise that Barclaycard issued a default notice on xx/xx/2002, due to outstanding arrears on your account.

I must advise that Barclaycard is only obliged to issue one default notice and a default can be recorded any time after its issue.

Please note I am unable to provide proof of postage of the above notice as requested.

 

You have also stated that Barclaycard is obliged to send an annual statement under Banking Code Regulations;

while this is correct, it is only a requirementfor active accounts. As your account was closed and charged off we are no longer required to issue annual statements

 

Reguarding our decision to refer your account to Credit Solutions ,

I would like to confirm that your account has not been sold and can be recalled by Barclaycard at any time.

I should advise that the terms and conditions of your account state

" We may transfer to any other person any or all of our rights and duties under this agreement at any time"

I must advise thatBarclaycard is under no obligation to provide you with a notice of assignment or reason for their involvement.

 

I note you have also requesteda list of all payments and charges applied to your account; while we are able to supply this information

I must ask that you make a formal subjet access request to the address below.

you should also enclose a £10.00 cheque to cover administration costs

 

You have also stated that Credit Solutions have incorrectly advised you that payments

have not been made. Unfortunately, I am unable to comment on any letters sent by

Credit Solutions and I must ask this query is refered to them directly.

 

Finaly, you have stated that Calder and Barclaycard have failed to respond to your

previous letter, I would like to apologise if this is the case and I hope I have

now clarified all points raised.

 

For the purposes of the Financial Ombudsman Service please consider this to be our final responce.

 

yours sincerely

 

bill and ben

Customer Relationship Manager

[Bazooka Boo]

Dear Bill & Ben,

 

What a sad sorry deluded world you live in.

 

Whilst you have passed the buck to your desired third party what you fail to realise is that YOU are in fact responsible for their actions, so simply passing the buck once again and ignoring the fact that they have failed to respond to my letters, is in fact a reflection on you.

 

Therefore, this account is now seriously disputed, no further correspondence will be entered into with yourselves, or your chosen third parties who might profess to be acting on your behalf, this matter is now the subject of the FOS' investigation.

 

Good day!

 

Or words to that effect, but it depends on whether you want the last word or not, you could just forward this straight to the FOS, highlighting sharklays failings, and also to the OFT&TS via consumer direct.