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I have had a letter from a solicitor claiming to be acting from Marlin asking me if I know what the consequence will be if I don't pay £9400 immediately (in red) and they have told me to contact them or fill in the direct debit form to pay them on a monthly basis, and if I don't well, they will take me to court. Has anyone else had this?

 

No that's a new one, but its what I would expect from a company like marlin, have you seen the ch4 dispatches program its about under cover investigation into debt collectors and marlin was the main focus.

 

you should be able to watch this on 4oD or maybe download it on a torrent?

 

Do not offer to pay them any money yet since I think that means you acknowledge you owe them money.

 

Either way I think sending you threats of court is not allowed specially since they only just "brought" these debts and as of yet have not proved they have own them.

You will find they do not have the agreement number.. do not supply it.

 

Have you sent the CCA request yet, they are supposed to halt their process while they do this, also have you informed them you are in dispute with barclays over this loan and the reasons why?

 

I mentioned in an earlier post that I made a subject access request to barclay partner finance it costs £10.

 

They sent me copies of all the letters they had sent me in the past few years, and that letter that was with marlins letter sent in January informing of assignment.. its not in my pack of documents.. marlin must have printed it.

 

also in the pack I had a letter from barclays dated 06/02/13 informing me of a late payment fee being added to my account... how does that work?.

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Hi all I have just about finished the letter that I intend to send to the new CEO of Barclays bank. He should get the general gist of what our problem is. Feel free to modify it and send it to him. Let me know what you think of it.

 

Anthony Jenkins

CEO Barclays Group

1 Churchill Place

London

E14 5HP

February 24, 2013

Dear Mr. Jenkins

This letter is being written to you toalert you to another mis-selling scandal that has been carried out by part ofthe Barclays Group, to be exact, Barclays Partner Finance.

I am one of hundreds of ex Advent ComputerTraining students that were mis-sold their course, all of which were funded viaa BPF linked loan. The mis-selling took place as the Advent sales people liedon numerous occasions and also used aggressive marketing techniques to get manyof us to sign up. The courses werefunded via a linked BPF loan and that makes Barclays equally liable for the actsof the Advent salespeople.

Advent Computer Training went out ofbusiness in February 2010 and over the last 3 years we have been subjected toan intolerable level of harassment, persecution and immoral business practices byBPF, ranging from abusive phone calls, threatening letters, damaged creditscores, right through to the use of multiple Debt Collection Agencies. It is anabsolute disgrace what BPF have been doing.

According to the credit agreement that weall signed with Advent, it clearly states that the contract will terminate “Inthe event that we make any voluntary arrangement with our creditors or becomesubject to an administration order or go into liquidation”, with this in mindmany of us wrote to both BPF and Advent asking for the money that we hadalready paid for the course to be refunded. This was done as we believed thatwe were protected by Section 75 of the Consumer Credit Act1974.

However BPF decided that after keeping uswaiting for 3 months that they would appoint Computeach as the alternate courseprovider. There are a number of points that this decision raised.

· Why were we not given any sayin the appointment of an alternate provider

· Why was Computeach chosen

· Why were we not refunded ourmoney as per the terms of the Credit Agreement signed with Advent

· Why did BPF insist on findingan alternate provider, when Advent students that had linked loans with HitachiCapital had their contracts cancelled

BPF have stated after their appointment ofComputeach that they had remedied the breach of contract that occurred as aresult of Advent going out of business. I and many others in this mess do notbelieve that that is the case. A breach of contract did occur and this has notbeen remedied.

Before I and many others signed up with Advent,we carried out a lot of research to the best of our abilities based on theavailable information that we could find. In my case when I was doing myresearch I found many instances of Computeach being reported to the localTrading Standards for the inept performance and outdated course material, aFacebook page set up by disgruntled students and another site that students hadset up before taking them to court. With this in mind I from a very early stagediscounted then as an IT course provider. So to be told by BPF that I had toaccept them as an alternate provider was an insult.

BPF have chosen to impose Computeach on usall as a “take it or leave it” approach. And those of us that have refused toaccept this mediocre provider as a breach of contract remedy have beensubjected to hell over the last 3 years. The Consumer Credit Act was put intolegislation to help protect the consumer, yet according to BPF they have somedivine right to impose an organization that many of us would not have gone nearbased on their reputation.

As I and many others have refused to payfor a service that we have not received (I received a single welcome book witha few questions during the 3 months that Advent were solvent), BPF has usedevery shady practice in the book to try and impose its will on us. I have hadnumerous letters threatening legal action. If BPF really feel that they havedone nothing wrong? Then why have they refused to take any of us to court?After all money would not be an issue for a global bank, or are worried aboutthe negative publicity that it will attract, or is it that they know that theyare on shaky legal ground.

As the new CEO of the Barclays group youhave been widely quoted in the press and on TV stating that you want to cleanup its act. If, as you have declared very publicly in the press, you are trulydedicated to recovering the reputation of Barclays, you would do well to fullyinvestigate this matter in its entirety and put an end to the injustice thatBPF has inflicted on hundreds of people whose only mistake was to try to betterthemselves. Do not let this end up as another PPI scandal.

Regards

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I will also amend and send this off, hopefully on Friday. But I am not sure what this will achieve, if the debt has been legally sold on to Marlin (dispite the dispute issue), then he will have very little say in what they do.

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I will also amend and send this off, hopefully on Friday. But I am not sure what this will achieve, if the debt has been legally sold on to Marlin (dispite the dispute issue), then he will have very little say in what they do.

 

He could start by taking the default off our credit files and amending their records.. that will help with giving marlin a kicking since if the original creditor agreed that we do not owe the debt.. then a DCA cant.

 

also with the increase that can be claimed in county court will be able to claim for damaging our credit worthiness.. you can claim up to £8,000 just for that.

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Yeah thats good question really. We dont know. What we know its been very quiet on this and other old forums... Why?... What people up to? Dont they got hassle from Marlin? They gave up and keep paying for no service? Went bankrupt and dont care anymore?...

Facebook group is sort of active with their petition.

 

And by the way anyone who has not signed it yet please do it asap and spread the word too. It is here:

 

http://www.change.org/en-GB/petitions/barclays-partner-finance-refund-money-or-cancel-agreements-remove-from-credit-file?utm_campaign=petition_creator_email&utm_medium=email&utm_source=share_petition

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I'm not being hassled by Marlin as I paid up before the interest free year was up. My avenues of action are well and truly dried up.

The rest of us are being harassed I am on my 5th DCA now with marlin.. and none of them have taken me to court.

I am still unemployed as I was when the loan was given to me through advent.

 

my own situation I have posted on this site often, I did not even get to start the course and to be told by barclays where I can study is not a solution to the situation..

the S75 states the finance company may offer an alternative.. the key word is offer.. it makes not mention about they are allowed to impose or that I must accept what they offer.

 

barclays/marlin want to take me to court they can and we shall see what a judge has to say about.

Edited by 10pack
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I agree with you 10Pack, if they are really serious about going to court with this matter, I shall see them there. I was with Advent for less that 3 months before they went bust, and all that I received was the welcome to Advent book with some measly questions. If anyone thinks for one second that I am going to pay £5000.00 plus for that?? then I will see them in court.

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By the way has anyone seen the latest CAG email, first item is about the increase for county court claims to £10,000

so now we can add extra compensation claims.. damage to our credit worthiness for one, Stress and ill health are also valid claims.

 

I was tried to open a bank account a few weeks ago and was refused by Hsbc they sited the default on my credit file, I never thought about it at the time, will go back and ask them for a copy of their record for evidence in my claim.

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Hello

I signed for MCSE course in May 2009. was advised to take up a pre-arranged loan from BFP, to be paid while on training(Advent would provide a paid work placement to help repay loan), but was asked to provide a guarantor. My wife put herself forward. Never started the course. All temptation to speak to Advent were ignored. In March 2010 learnt that Advent went burst and BFP would arrange alternative training for me. I wrote to they to say that I was not interested, had lost trust in them and would like to cancel the agreement. No response received. Few months later was contacted by Computeach for a training. I checked their offer, there was not MSCE system Engineering course on offer. I objected to this imposed choice of BFP and I have not heard from them ever since, but received letter for repayment instead, followed by harassment of debt collector, Mercier, Sanclare, Moorcroft, HL Legal etc.... Being new to the country, my wife was terrified and still is.. She sought advice from FOS, unfortunately just received a negative response. Now we have received letter from Marlin Financial Service and their solicitor(pre-court) and we dont know what to do. Every where we have been we are told to re-pay the loan. Nobody has ever advised us on our right as BFP never did a credit check for the loan, all forms are in my wife's name not mine as student - we don't know who to turn to. Can anybody help please???

from FOS.

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  • 2 weeks later...
Hello

I signed for MCSE course in May 2009. was advised to take up a pre-arranged loan from BFP, to be paid while on training(Advent would provide a paid work placement to help repay loan), but was asked to provide a guarantor. My wife put herself forward. Never started the course. All temptation to speak to Advent were ignored. In March 2010 learnt that Advent went burst and BFP would arrange alternative training for me. I wrote to they to say that I was not interested, had lost trust in them and would like to cancel the agreement. No response received. Few months later was contacted by Computeach for a training. I checked their offer, there was not MSCE system Engineering course on offer. I objected to this imposed choice of BFP and I have not heard from them ever since, but received letter for repayment instead, followed by harassment of debt collector, Mercier, Sanclare, Moorcroft, HL Legal etc.... Being new to the country, my wife was terrified and still is.. She sought advice from FOS, unfortunately just received a negative response. Now we have received letter from Marlin Financial Service and their solicitor(pre-court) and we dont know what to do. Every where we have been we are told to re-pay the loan. Nobody has ever advised us on our right as BFP never did a credit check for the loan, all forms are in my wife's name not mine as student - we don't know who to turn to. Can anybody help please???

from FOS.

 

Hello there.

You have my sympathy. My son & I were duped in the same way by Access2Trades rep who insisted he had to have a guarantor since he'd just been made redundant. Only found out the loan was in my name after A2T went out of business. My son didn't even start his course. Curious thing is that BPF do not have my bank ac details but have my sons. They took 2 payments before his bank advised him to cancel. They can't have done credit checks properly -since they had my name but his bank details- OFT suggested this could could constitute irresponsible lending but unsure of legal implications of that & have to check.

Our biggest problem is that my son was never offered a replacement course because BPF never passed his details to the new training company. My details however were passed to them & I was offered the course 3 times! (I'm now retired but was a 61 year old full time teacher at the time - they still could not be convinced!) BPF would not accept responsibility of any kind and wanted me to pay £6,800 for a course they wouldn't let my son do!

Like you we have chased our tails trying to sort this out. So far, FSA/FSO useless - ruled we were not covered by Sect 75 of CCA because Debtor/Student are 2 different people & they refused to do anything. Our MP, although he tried bless him, was not much help, although he did confront the BPF CEO Ronnie Denholm. Denholm clearly was not well briefed as his letters were full of inaccuracies & falsehoods. OFT reckoned the agreement we had with BPF was legal and said our only recourse was to take them to the small claims court. They said they could do nothing.

I too have received letters & dozens of calls from Marlin. I responded to one phone call and told them I would not give them any personal details and would not speak to them until they provided me with the correct documentation to prove they owned a debt. I also informed them that as far as I was concerned, I had no debt & the matter was still in dispute with BPF and I did not recognise Marlin as being connected to me in any way.

I have now written to Antony Jenkins, CEO of the Barclays Group of companies which includes BPF. I still await a reply.

 

Rest assured, I will post his response the moment I get it.

 

Stand fast! All is not lost.

 

Where is everyone? It's all gone quiet here! Have you all suddenly resolved the problem?

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I'm still here, just waiting to see if I get a reply letter from Barclays CEO. Sent my letter nearly 10 days ago now. If nothing by the end of next week I no then that he is all talk and will send him another letter reminding him of his bold statements to the media about wanting to clean his organisation up.

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Also still here, yes its gone quiet on this forum do not know the reason why.

 

I do not think the majority of us had our problem resolved.. just made worse by bpf who seem to not care at all about their customers.

 

Next month the amount you can claim through county court goes up to £10,000 so now would be a good time to start getting you thoughts together about taking this to county court.

Because now not only can you claim for the amount of the loan but there is also extra money to claim for stress, damage to your credit worthiness as well as interest and anything else you can think of.

 

I wanted to start this last year as I read the limit was supposed to have gone up last year but for some reason they delayed it.

 

Its not that expensive to claim and works on a sliding scale depending on the amount of your claim you can even apply online.

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Also still here, yes its gone quiet on this forum do not know the reason why.

 

I do not think the majority of us had our problem resolved.. just made worse by bpf who seem to not care at all about their customers.

 

Next month the amount you can claim through county court goes up to £10,000 so now would be a good time to start getting you thoughts together about taking this to county court.

Because now not only can you claim for the amount of the loan but there is also extra money to claim for stress, damage to your credit worthiness as well as interest and anything else you can think of.

 

I wanted to start this last year as I read the limit was supposed to have gone up last year but for some reason they delayed it.

 

Its not that expensive to claim and works on a sliding scale depending on the amount of your claim you can even apply online.

 

Thanks 10pack. this is good news. Have started to prepare my own case for small claims court in the event that the CEO proves to be no better than any other Barclays employee we've all been dealing with. I checked & found my letter to him was delivered and signed for on Feb 22. So have now prepared another letter to send special delivery on Monday 18th March. I think a month is more than long enough. Haven't received any response whatsoever - not even to acknowledge receipt of letter. This guy is clearly no better than the previous CEO who oversaw all the dodgy dealing with PPI and the Libor fixing. To quote the article first written about this whole business back in 2010, Barclays are storing up a whole load of trouble for themselves by burying their heads in the sand in the hope we will all get tired of fighting and just go away.

Have you heard any more from Marlin? I'm still getting several phone calls a week even though I've told them I don't want them to call me any more. They still haven't provided me with any proof that they bought any debt from BPF apart from that original pair of dodgy letters. I will continue to maintain that I do not acknowledge that any debt exists.

Trading Standards were quite helpful in offering advice on using the small claims court. Obvious thing is make sure you have every minute piece of evidence you can lay your hands on including sending BPF a SAR - make sure you ask for their phone records relating to you, any recordings they made of any phone conversations you had (you know, the ones they say are for training purposes!) This can help prove harassment took place over an extended period. Don't forget to ask for their post records. They may find it hard to tamper with these so they can't slip in letters that were never actually sent. It would be good if people could help each other out here. Makes you feel as though you aren't alone against a corporate giant.

Stress is quite hard to prove but of course if you have been to the doctor because you are so worried or can't sleep because of all BPF have done then your Dr will be able to provide notes to the court. In addition, add up every expense for postage phone calls (can calculate these easily) but also the time you have spent dealing with it. I've begun looking through my file at every letter I've written, every phone call I've made and estimating how much time each one took. You will be surprised how it accumulates. These are all legitimate expenses to be claimed.

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At the moment its gone quiet with Marlin, apart from their initial envelope at begining of the year with the 2 letters one supposidly from BPF both dated on same day and with no names of signatures on them..

 

Dont forget to check the account numbers, Marlin do not have them neither do they have signed copies of credit agreements they admitted it to me on the phone, they also refuse to supply signed copies of deed of assignment when asked, I asked for proof they brought the debt, they said the proof is the letter they sent us.. I replied then that is not proof, because I could also make up letters myself stating my loan was fully paid and they would not need signatures same as theirs.. She could not answer that.

 

In the documents I got from my SAR on BPF last month there is no letter that states the loan has been reassigned, so that letter we got was printed by marlin.

Also in the pack of documents was a letter dated 06/02/13 informing me they had added additional late payment charge to my account.. how can that be if its been sold off??.

 

At the moment I am having it out with Experian, I have an account with them and have I asked them to remove the incorrect information from my credit files.

they have refused stating they can only do this with the permission of marlin, I have written back asking them to supply copies of the "proof" marlin have given them they own the loan?.

 

If experian do not comply with my wishes I am thinking of taking them to county court for damaging my credit worthiness.. this also goes for marlin... this is worth up to £8,000 a go... how many credit reference agencies are there??

 

And I still have not forgotten BPF.

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At the moment its gone quiet with Marlin, apart from their initial envelope at begining of the year with the 2 letters one supposidly from BPF both dated on same day and with no names of signatures on them..

 

Dont forget to check the account numbers, Marlin do not have them neither do they have signed copies of credit agreements they admitted it to me on the phone, they also refuse to supply signed copies of deed of assignment when asked, I asked for proof they brought the debt, they said the proof is the letter they sent us.. I replied then that is not proof, because I could also make up letters myself stating my loan was fully paid and they would not need signatures same as theirs.. She could not answer that.

 

In the documents I got from my SAR on BPF last month there is no letter that states the loan has been reassigned, so that letter we got was printed by marlin.

Also in the pack of documents was a letter dated 06/02/13 informing me they had added additional late payment charge to my account.. how can that be if its been sold off??.

 

At the moment I am having it out with Experian, I have an account with them and have I asked them to remove the incorrect information from my credit files.

they have refused stating they can only do this with the permission of marlin, I have written back asking them to supply copies of the "proof" marlin have given them they own the loan?.

 

If experian do not comply with my wishes I am thinking of taking them to county court for damaging my credit worthiness.. this also goes for marlin... this is worth up to £8,000 a go... how many credit reference agencies are there??

 

And I still have not forgotten BPF.

 

I've also got an account with Experian. Since Marlin's entry, my score has dipped by about 150 points. I am also disputing this with Experian. I can't understand why they seem to think it's ok for the same claim to be entered against me twice.

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I've also got an account with Experian. Since Marlin's entry, my score has dipped by about 150 points. I am also disputing this with Experian. I can't understand why they seem to think it's ok for the same claim to be entered against me twice.

 

That is what I am trying to make experian understand they seem to be taking what marlin says as gospel and ignoring what I am telling them.

 

I asked for them to send me the evidence that marlin has given them.. so far no answer.

 

If the continue to refuse to listen and take marlins side then I will have to assume they do not work in my best interest.

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Have just written letter to Marlin - I've had 2 more letters demanding I pay them & threatening solicitors etc & the phonecall count has passed the 40 mark on the home phone plus about 20 on my mobile including voicemails & text messages. So I'm quite ticked off now. For the last 3 years I have not once said I owe Barclays a penny & I believe I read part of the CCA which states that if I don't receive the services as stated in the original agreement by which BPF are bound - linked finance thing - the creditor, being liable in the absence of the provider has broken the agreement. Is that right?

I think I also read on another forum, that you were on 10pac, that if a company such as Marlin presses you for payment for a debt you do not acknowledge that they are breaking the law if they bombard you with phone calls - is that right? I've already told them on the phone to stop the calls but they just keep on coming!So now I've put it in writing being careful not to write their ref no or to acknowledge any debt and I didn't sign it just printed my name, which they have anyway.

 

I wrote:

Please be aware that I do not recognise your company as being in any way connected with me. I have had no dealings with you and have had no proper legal notification of any connection.

I have already made a statement to this effect to one of your telephone operatives but am driven now to put the matter in writing. Your persistent telephoning, which has passed a level that is legal, now constitutes illegal harassment. I am now demanding that you stop telephoning me, as is my legal right.

Do not attempt to contact me again unless you have incontrovertible and legally valid proof that I have ever had any dealings with your company, then and only then, you have the right to put those claims in writing.

If you persist in harassing me by post or by telephone or in any other way, I will report your activities to the FSA, Trading Standards and my Member of Parliament.

 

I'm sure they'll ignore it but I tried.

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Hi all still waiting for a reply from the new Barclays CEO, it has been 2 weeks now and nothing. I plan to give him till the end of the week and if still no response, I will send him the same letter on a fortnightly basis till he responds. Have the impression that all he said to the media was a PR stunt, and that he is no different from his predecessor.

As for Marlin and any other DCA that may write to me in the future relating to this matter, I will be charging them £30 per letter that I respond to and a time linked amount for any phone calls that I have to answer. As I set up a small IT firm last year, these charges are linked to what I would charge a customer on an hourly rate. I believe anyone can do this irrespective of if they own a company or not.

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Hi all still waiting for a reply from the new Barclays CEO, it has been 2 weeks now and nothing. I plan to give him till the end of the week and if still no response, I will send him the same letter on a fortnightly basis till he responds. Have the impression that all he said to the media was a PR stunt, and that he is no different from his predecessor.

As for Marlin and any other DCA that may write to me in the future relating to this matter, I will be charging them £30 per letter that I respond to and a time linked amount for any phone calls that I have to answer. As I set up a small IT firm last year, these charges are linked to what I would charge a customer on an hourly rate. I believe anyone can do this irrespective of if they own a company or not.

 

Hi blade 325.

 

I've been waiting since Feb 22 & still have had no reply. Sent 2nd letter on 18th March giving him 7 days to respond. I sent both by special delivery & tracked them so I know they were signed for.

 

I agree that he may well be all words & no action. Still, he got himself a nice big multi-million bonus so that's OK, eh? Planning my next move should he still not respond. I'm not sure about sending him more letters as I've sent 2 - that should be enough to prompt a response. I'm thinking Vince Cable might be my next port of call but before I do that I'm waiting for documents as I sent SAR to BPF & OLCI, the replacement training company.

 

Wrote to Marlin - see above - on 18th. Had a letter the following day but that was sent before they received mine. I have not had a single phone call, voicemail or text message since 19th March. That's very unusual as the only miss Sundays as a rule. I did wonder if I was getting so many calls because I was being targeted because I own my house & they thought they were on to a winner! Well it has all gone quiet there for the time being - whether or not it will last - who knows?

 

I've begun to list all my expenses too - I'm beginning to think that no-one is at all interested in sorting this mess out and I might well have to take BPF & then Marlin to court. Ah well! Bring it on! I'm lucky. My son has a law degree and can help. Let us know if you get any response from AJ.

 

Regards.

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Hi blade 325.

 

I've been waiting since Feb 22 & still have had no reply. Sent 2nd letter on 18th March giving him 7 days to respond. I sent both by special delivery & tracked them so I know they were signed for.

 

I agree that he may well be all words & no action. Still, he got himself a nice big multi-million bonus so that's OK, eh? Planning my next move should he still not respond. I'm not sure about sending him more letters as I've sent 2 - that should be enough to prompt a response. I'm thinking Vince Cable might be my next port of call but before I do that I'm waiting for documents as I sent SAR to BPF & OLCI, the replacement training company.

 

Wrote to Marlin - see above - on 18th. Had a letter the following day but that was sent before they received mine. I have not had a single phone call, voicemail or text message since 19th March. That's very unusual as the only miss Sundays as a rule. I did wonder if I was getting so many calls because I was being targeted because I own my house & they thought they were on to a winner! Well it has all gone quiet there for the time being - whether or not it will last - who knows?

 

I've begun to list all my expenses too - I'm beginning to think that no-one is at all interested in sorting this mess out and I might well have to take BPF & then Marlin to court. Ah well! Bring it on! I'm lucky. My son has a law degree and can help. Let us know if you get any response from AJ.

 

Regards.

 

I have not had any communication from marlin since those first letters dated 2nd January (BPF did not have my phone number I cancelled my contract when they started to harass me).

I did call them once to inform them they should not have been allowed to buy the loan second one was to ask for a copy of my credit agreement which the rep admitted they did not have (which is I suppose correct since they do not have our correct credit agreement numbers)... when I realized that.. I told the rep that they should not have even tried to contact me without proof of ownership and the fact I had informed them the account was and is in dispute.

 

Nothing since that time.

 

Next month the limit on county court claims rises to £10k I am wondering if they are waiting for this date to start pushing it since some of us have large amounts on these loans they would have hit that £5k limit quickly.

 

and its still quiet on this site why?

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I think some people are now playing the waiting game. I for one am reading everything that I can find relating to Contract Breach and Section 75 of CCA in preparation for an inevitable court date.

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Hi all.

 

Had phone call this morning from BPF MD office. CEO AJ has obviously told them to sort it!

They are now 'investigating my case'. I urge you to write to CEO of Barclays Group at the address posted earlier. I know you already have Blade so hopefully you will hear something soon too.

I remember Fuzzbutt saying she had contacted the CEO but I think that was B Diamond - I'd like to think this new chap is not so morally bankrupt as his predecessor & is serious about sorting it out!

Watch this space. I'm not at all certain of the outcome but it is a step forward at least. We'll see!

 

Regards all & keep fighting.

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