I settled a debt with Barclays Partner Finance they have now assigned it to CQ

[oldsnowboarder]

Hi,

 

Hope this is the right way of doing this. I have read the notes .... but.

 

Some time ago I got behind with payments to Barclays PF.

Instead of contracted payment I agreed to pay them a reduced payment which I did.

 

Then late 2009 I got a letter offering me a "Discounted" settlement.

 

The discounted rate was stated as @ the equivalent of two months of the agreed reduced payment (or @ 1% of the outstanding balance).

 

Later when they realised that I was no longer making my "agreed payment" they bombarded me with phone calls.

I just used to tell them that I had settled it (the loan) as per their Letter dated XXXXXX.

They always played "dumb" to the contents of the letter and claimed they didn't keep copies of "Computer Generated" letters to customers.

After a while of repeating myself I no longer took the calls.

 

Some months passed and they would occaisionally send me letters telling me how much I owed them and one day I answered a call by accident but just repeated my usual phrases.

The girl on the phone said that I couldn't possibly think that I had settled the account for such a small figure to which I replied

"I have settled it in accordance with your letter of XXXXXX and then hung up on her as the conversation was going around in circles.

 

Sometime last year they sent me what I think was a "Notice of Default" (sorry I can't find this at the moment. I won't have thrown it away but its not where it should be filed) that I ignored.

 

In the first post after Christmas day I got a letter from BPF telling me they had assigned debt to CQ and a letter from CQ telling me I had 14 days to make arrangements to pay them.

They followed this up the next day with a phone call (from South African callcenter??) with a very agressive lady threatening me with all sorts of things if I didn't pay her over the phone.

When eventually I could get a word in I stated the usual "I settled this debt with BPF as per their letter dated XXXXXX".

She was unimpressed!!!!! and told me to send a copy of letter to CQ at address on letter within 14 days.

I have not done so.

 

I have now recieved a letter which is titled :

 

Letter of Claim under the Practice Direction - Pre Action Conduct

I have not yet replied pending guidance

 

Apologies for length of this initial contact.

 

Kindest Regards

[dx100uk]

check your CRA file.

 

i'd send that letter to cq too!

 

copy of though!

 

dx

[slick132]

Hi OSB,

 

When was the loan made to you and for what amount approx.

 

I think you should send BPF a SAR - http://www.consumeractiongroup.co.uk/forum/content.php?417-A-Subject-Access-Request-for

 

I would also send CQ a CCA request - http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter

 

Then late 2009 I got a letter offering me a "Discounted" settlement.

 

The discounted rate was stated as @ the equivalent of two months of the agreed reduced payment (or @ 1% of the outstanding balance).

Do you still have this letter. If so can you confirm exactly what their offer was.

 

[oldsnowboarder]

Dear Slick,

 

As a site team member can I just ask why my post has only got 2 replies whereas others seem to get 100's. Am I doing something wrong?

 

I do have the letter which normally I would offer to scan (less personal info) but yesterday I fell off my pushbike

(dangerously invisible kerb in cycle lane in Reading) and am not moving well at moment.

Will try to do tomorrow if old bones less painful.

 

Original debt was @£2k.

Settlement figure was @£50.

I have the paying in book receipt as well as letter.

 

As per DX's suggestion I was going to send copies to CQ with my letter disputing their claim (they gave me 14 days to respond which is probably only a few days away).

Have again been reading lots of very useful info on site including notes on meaning and use of "Without prejudice". I suspect letter was written by a disgruntled employee of BPF?

 

 

Going to bed now but will find letter tomorrow.

 

Thanks

 

David

[dx100uk]

As a site team member can I just ask why my post has only got 2 replies whereas others seem to get 100's. Am I doing something wrong?

 

i would think because the thread is only 24hrs old!

 

dx

[slick132]

Hi OSB,

 

Maybe nobody likes you !! (Kidding)

 

If you want to bother replying to CQ at this stage, just tell them you are seeking advice but consider the matter to be in serious dispute. Tell them you'll be in touch further within 14 days and, in the meantime, they should not make any further demands.

 

Hope you are feeling better soon and, when you can, please scan the letter but hide personal data first.

 

[The Mould]

Hi,

 

Hope this is the right way of doing this. I have read the notes .... but.

 

Some time ago I got behind with payments to Barclays PF.

Instead of contracted payment I agreed to pay them a reduced payment which I did.

 

Then late 2009 I got a letter offering me a "Discounted" settlement.

 

The discounted rate was stated as @ the equivalent of two months of the agreed reduced payment (or @ 1% of the outstanding balance).

 

Later when they realised that I was no longer making my "agreed payment" they bombarded me with phone calls.

I just used to tell them that I had settled it (the loan) as per their Letter dated XXXXXX.

They always played "dumb" to the contents of the letter and claimed they didn't keep copies of "Computer Generated" letters to customers.

After a while of repeating myself I no longer took the calls.

 

Some months passed and they would occaisionally send me letters telling me how much I owed them and one day I answered a call by accident but just repeated my usual phrases.

The girl on the phone said that I couldn't possibly think that I had settled the account for such a small figure to which I replied

"I have settled it in accordance with your letter of XXXXXX and then hung up on her as the conversation was going around in circles.

 

Sometime last year they sent me what I think was a "Notice of Default" (sorry I can't find this at the moment. I won't have thrown it away but its not where it should be filed) that I ignored.

 

In the first post after Christmas day I got a letter from BPF telling me they had assigned debt to CQ and a letter from CQ telling me I had 14 days to make arrangements to pay them.

They followed this up the next day with a phone call (from South African callcenter??) with a very agressive lady threatening me with all sorts of things if I didn't pay her over the phone.

When eventually I could get a word in I stated the usual "I settled this debt with BPF as per their letter dated XXXXXX".

She was unimpressed!!!!! and told me to send a copy of letter to CQ at address on letter within 14 days.

I have not done so.

 

I have now recieved a letter which is titled :

 

Letter of Claim under the Practice Direction - Pre Action Conduct

I have not yet replied pending guidance

 

Apologies for length of this initial contact.

 

Kindest Regards

 

Godzilla oldsnowboarder

 

Firstly, put some stabilizers on that bike:-)

 

Your case appears to be one of promissory estoppel, in this regard, I would be grateful to you if you would post up/scan in the creditor's said full and final settlement agreement offer and also the details of the letter of claim served upon you by the new creditor who alleges that you owe a debt to him.

 

OK, surf the above over next time you are on the piste and then we can bury the new creditor under an avalanche of case law authority in this matter of full and final.

 

Kind regards

 

The Mould

[greenflamingo]

my sympathies oldsnowborder

Its disgraceful how BPF can bombard people with telephone calls - you become nervous in your own home - this is pure harrassment yet no-one seems to do anything about it. Reported them to the FSA but a waste of time.

[The Mould]

Helloooooo Snowman

 

Are you comming back to fill in on the details or have gone on the piste?

 

Kind regards

 

The Mould