Benno and resolve call

[benno79]

I've now got these guys chasing me for a debt I owe to barclaycard. I sent them the stands email I do not allow you to visit my house etc and got this in return.

 

Good Afternoon,

The case you have referred to is not applicable to your circumstances. As part of the credit agreement that you signed and entered into, you agreed to repay the full outstanding balance and that where necessary, the creditor could recover the debt by outsourcing the debt to a third party, which included by way of doorstep collection.

Therefore the licence you state that has been revoked is irrelevant, which for the avoidance of doubt we do not agree to, is not binding on us as it does not fulfill the relevant principles of contract law.

We are entitled by law and under contract to recover monies outstanding and we are allowed to take reasonable steps in accordance with regulatory guidance to recover such monies.

Regards

Resolvecall

Any advice on a next step?

thanks

Ben

[citizenB]

Have you received a copy of the agreement ?

 

If they have not provided a copy then the cannot say that you HAVE signed an agreement that provides for the actions they claim they can take ?

[dpick]

Yes ask them to send you a copy of the supposed contract that allow them to call on you. Just remember they think they are above the law.

dpick

[unclebulgaria67]

I've now got these guys chasing me for a debt I owe to barclaycard. I sent them the stands email I do not allow you to visit my house etc and got this in return.

 

Good Afternoon,

 

The case you have referred to is not applicable to your circumstances. As part of the credit agreement that you signed and entered into, you agreed to repay the full outstanding balance and that where necessary, the creditor could recover the debt by outsourcing the debt to a third party, which included by way of doorstep collection.

 

Therefore the licence you state that has been revoked is irrelevant, which for the avoidance of doubt we do not agree to, is not binding on us as it does not fulfill the relevant principles of contract law.

 

We are entitled by law and under contract to recover monies outstanding and we are allowed to take reasonable steps in accordance with regulatory guidance to recover such monies.

 

Regards

Resolvecall

 

Any advice on a next step?

 

thanks

 

Ben

 

Start your own thread, with details of what the debt is and what you have done so far. CCA request if relevant. Any previous disputes ?

 

Under OFT rules you can ask for all communications to be made in writing and you can of course ask for relevant proof of the debt being provided.

[citizenB]

This is benno's own thread - posts having been removed from Imharrassed's thread.

[benno79]

Many thanks for creating this citizenB. I haven't made a cca request. To cut a long story short I got into a mess with pay day loans and I stoped paying other debts. I haven't paid my bill in 5 or 6 months. I've had the account for many years. Barclaycard hassled me for a bit, then it went to mercers, they said they were moving it on to Calders but then I got a letter threatening doorstep collection from resolve call out of the blue.

 

I've replied tt their email asking for a signed copy of the agreement that entitles them to vist my property.

 

thanks

 

Ben

[robcag]

I'd follow the advice of unclebulgaria67 in post #4 above if I were you and you haven't already CCA'd Barclayshark.

 

I posted earlier on another thread about a BC debt to say that this simple action stopped Merciless in their tracks when they apparently couldn't provide an agreement on 3 accounts and I've not paid them a penny for about 3 years.

 

Depending on the age of your account, you too might get a similar result.

 

Rob

[benno79]

I've saved the cca letter from the cag library, I've currently got two accounts with barclayshark as Egg sold my cc account to them. I assume I would send a seperate cca request for each with a £1 postal order in each.

 

thanks

 

Ben

[benno79]

Do the letters need to be sent recorded?

[robcag]

I've saved the cca letter from the cag library, I've currently got two accounts with barclayshark as Egg sold my cc account to them. I assume I would send a seperate cca request for each with a £1 postal order in each.

 

thanks

 

Ben

 

Yes, 1 CCA request and 1 PO for each account, preferably by Recorded Delivery (keep receipts and print off delivery notice from Royal Mails site). It's up to you whether you put them in the same envelope to save on postage but bear in mind you will then only have 1 receipt.

 

You could get round this by including a covering letter to say there are 2 CCA requests enclosed - you could type 'ENC:' under your signature on each letter then list all the letters enclosed there as then if at some later date there is a dispute that you only sent 1 CCA request, the other one will be referred to on the one they admit to having received, and vice-versa.

 

Rob

Edited September 14, 2012 by robcag

[unclebulgaria67]

Do the letters need to be sent recorded?

 

Once CCA request per account and you could just send by normal post, just getting proof of posting from post office counter. If you want to spend a few quid sending recorded, that is up to you.

[robcag]

Also keep a record of the 'Voucher ID' number on the PO, it is also referred to on the printed receipt from the Post Office, and make a note of which PO was for which CCA request - I usually refer to the number in the CCA request itself.

 

Rob

[robcag]

Follow standard CAG advice and don't sign any of the letters with your usual signature - either type or print it.

[benno79]

cca requests fired off, two for barclaycard and one for capital one. Moorcroft are hassling me for a debt on a storecard but that is from 2009 so I asume a cca request is pointless?

 

thanks again

 

Benno

[benno79]

Hi,

 

I got a reply from capital one re the cca request

 

I write in response to your request for a copy of your executed agreement and statement of account under Section 78 (S78) of the consumer credit act 1974.

 

I enclose a reconstituted copy of your original agreement. Although not required under S78, I have included as part of the reconstituted agreement a scanned copy of the signed signature page of your original agreement. The reconstituted agreement sets out the terms of your agreement and your name and address when you entered into your agreement with Capital One on 12 March 2003. I also enclose a copy of your defaulted agreement, and a statement of account required under S78 which is set out at the end.

 

By providing this information set out above we have complied with our obligation under S78 to provide you with a copy of your executed agreement. It was confirmed by the Judgement of His Honour Judge Waksman QC in Carey v HSBC [2009] 3417 (QB) that providing a reconstituted copy of your agreement is compliant with S78 and there is no requirement under the CCA to provide you with a photocopy of the original signed agreement.

 

For the avoidance of doubt, the signature page provided is a scanned copy of the signature page of your original agreement only. Included on the reverse was an extract of the terms of your original agreement (including the prescribed terms) or the full terms of your agreement, which can be referred to in the reconstituted agreement enclosed. Prior to signature you were provided with a full copy of the terms of your original agreement to keep and were sent a further copy of your original agreement with your first credit card.

 

As we have complied with our obligations under S78, we will not be entering into any further correspondence regarding the provision of copy agreements. your agreement is enforceable and we will continue to treat it as such.

 

If you are using or considering using the services of a claims management company we refer you to the warnings issued by the Ministry of Justice with regard to the misleading statements issued by some of these firms about their ability to get debts written off. Full details can be found at:

 

http://www.justice.gov.uk/downloads/claims-regulations/note-about-claims- http://www.oft.gov.uk/news-and-updates/press/2008/consumeralert

 

Alternatively you can phone them on 020 3334 3555 or write to them at

 

Ministry of Justice

102 Petty France

London

SW1H 9AJ

United Kingdom

 

Statement of Account:

 

Your account is in default and the amount currently due and payable is £492.66. You must continue to make payments on your account.

 

Under S78 we are not required to provide a copy of the default notice and statement of default. However, we can confirm a statement of default was issued on 6 July 2012.

 

You may require a copy of your original terms and conditions to aid in any investigations regarding payment protection insurance (PPI). To clarify, I have searched our records and can confirm that PPI has never been added to your account and no premiums have been taken.

 

Should you have any queries relating to the enclosed documentaion, please write to me at the following address: Capital One (Europe) plc, Executive Office, PO Box 5281, Nottingham, NG2 3HX.

 

Liam Quegan

 

Head of Executive Response Centre

 

In the meantime I have had two of the same letters I had from Fredericksons before I put in the CCA request to cap one. Today I received a letter from Bryan Carter Solicitors LLP which read as follows,

 

Dear xxxx,

 

We write with regard to this outstanding debt.

 

Payment must be made in full within the next fourteen days failing which we will recommend to our client that proceedings be issued without further notice.

 

Should proceedings be issued, additional charges will be added to the existing balance as shown below,

 

Outstanding balance to pay now £492.66

Interest £39.41

Court Fees £30

Solicitor Costs £50

New Balance if proceedings are issued £612.07

 

If you dispute liability for this debt please state your reasons in writing and supply us with documents in support of your defence to any claim.

 

Before the account is referred to us to litigate you still have an opportunity to contact Fredrickson International Ltd with your payment proposals. In order to avoid further action you should telephone them immediately on 0845 3136624.

 

This is a serious matter and you may wish to seek independent legal advice.

 

Yous sincerely,

 

Bryan Carter Solicitors LLP

 

Any adivce on what to do next?

 

Thanks

 

Benno

[citizenB]

In the meantime I have had two of the same letters I had from Fredericksons before I put in the CCA request to cap one. Today I received a letter from Bryan Carter Solicitors LLP which read as follows,

 

Dear xxxx,

 

We write with regard to this outstanding debt.

 

Payment must be made in full within the next fourteen days failing which we will recommend to our client that proceedings be issued without further notice.

 

Should proceedings be issued, additional charges will be added to the existing balance as shown below,

 

Outstanding balance to pay now £492.66

interest £39.41

Court Fees £30

Solicitor Costs £50

New Balance if proceedings are issued £612.07

 

If you dispute liability for this debt please state your reasons in writing and supply us with documents in support of your defence to any claim.

 

Before the account is referred to us to litigate you still have an opportunity to contact Fredrickson International Ltd with your payment proposals. In order to avoid further action you should telephone them immediately on 0845 3136624.

 

This is a serious matter and you may wish to seek independent legal advice.

 

Yous sincerely,

 

Bryan Carter Solicitors LLP

 

Any adivce on what to do next?

 

Thanks

 

Benno

 

 

 

Naughty, naughty Bryan Carter..

 

They cannot charge or show the charges for court costs until such times as they have issued a claim and obtained a judgment.

 

Are you in a position to scan in and let us see the "document" Capone refer to as the reconstituted agreement ? If so, remove any personal information and bar codes.. follow the instructions below and let us see what they have sent you

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

 

Do you know if there are any default charges on the account that could be reclaimed ?

[benno79]

Hi CitizenB thanks for the reply, I will scan the document when I get a moment at work.

 

In the mean time I have have a letter from power2contact saying they will visit my house in 72 hours if I don't get in touch with csl about a barclaycard debt. I have ccad barclaycard and I got this letter back

 

Dear Mr xxxxxxx

 

Barclaycard Services

Account Number: xxxxxxxx

 

Reference: Setion 78 of the Consumer Credit Act 1974

 

I refer to your request for information dated 14/09/12.

 

I would like to acknowledge your request for details of absolute assignment and I am able to confirm that this has been sent to the relevant department who will contact you directly regarding this.

 

The information we must provide to you under the terms of Section 78 of the Consumer Credit Act 1974 (the "Act") is prescribed by the Act and by the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. Section 78 of the Act provides that, where a creditor receives a section 78 request, the creditor shall give the debot a copy of the executed agreement (and any document referred to in it) and a statement of the account.

 

I enclose a reconstituted copy of your credit agreement. A statement of your ccount is below:

 

The current credit limit on your account is £1,770.00;

 

The current balance of your clietns account is £1,196.62; and

 

Your next payment of £247.61 will b edue on 08/10/12.

 

We are currently unable to provide a copy of the terms of your credit agreement as varied in accordance with setion 82(1) of the Act. We accept that we are therefore prevented from enforcing our agreement with you while this state of affairs continues. I note that Section 78 (6) (b) was repealed on 31 May 2008, meaning that it is no longer an offence for a creditor to fail to comply with s78 (1) for more than one month.

 

With immediate effect, we have suspended your Barclaycard account. We have taken this action because in our view thereis a significantly increased risk that you will cease to make payments to your Barclaycard account. This is a temporary measure which will b ekept under review/ We have not closed your account.

 

Notwithstanding that we cannot currently enforce the agreement, our rights continue to exist under the agreement. You should therefore continue to pay the debt that has accrued on your account. We can and will continue to take any action short of enforcement, which includes repoerting to credit reference agencies without also telling them that the agreement is currently unenforceable, demanding future payment from you, issuing a default notice to you and instructing a third party to demand payment or otherwise seek to procure payment. We refer you to the case of Philip McGuffick v The Royal Bank of Scotland [2009] EWHC 2386 in which it was haled that noe of thesse steps constituted "enforcement" for this purpose.

 

Please note that the decision in Carevy V HSBC [2009] EWHC 3417QB makes it clear that an unfair relationship cannot be said to have arisen between us as a result of the fact that we have not currently complied with section 78 of the Act. To the extent that you seek to allege that an unfair relationship has arisen, such allegations will be opposed.

 

This completes our obligations under Section 78 of the Act.

 

With regards to your reference to sections 5(2) , 6 and 7 of the Conumer Protection from Unfair Trading regulations 2008, we do not accept that there is any basis to assert that we have not fully complied with our obligations.

 

In relation to your comments regarding section 189 of the Act; I would like to confirm that the original creditor for your account as defined in section 189 of the Counsumer Credit Act 1974 was Egg.

 

Yours sincerely

 

xxxxx

 

Barclaycard Customer Services.

 

Can anyone advise on a next step for this please?

 

thanks

 

Benno79

[dpick]

Well BC admit they are stuffed so you can tell them and any gutter scraper that sticks it's head above the wall to get stuffed until they get the proper paperwork.

 

dpick

[benno79]

Thanks for the reply dpick.

 

I see what you saying about the paperwork but they are claiming they can still keep hassling me for payment, do I just have to keep batting the dcas off?

 

thanks

 

Ben

[Bazooka Boo]

Just ignore them until such time they come up with the correct paperwork, as for them sending a random stranger to your door to discuss financial matters, these goons are easily dealt with, a simple foxtrot oscar and door slam is all that is required, if they persist to outstay their welcome and make a nuisance of themselves, then a call to the police remarking that their is a stranger on your property demanding money who won't leave when told to do so and is likely to cause a breach of the peace will be all that is required to see the clown disappear.

[benno79]

Thanks again, so even though there appears to be case law to the contrary I can tell them to leave me alone until they come up with the paper work?

[citizenB]

Thanks for the reply dpick.

 

I see what you saying about the paperwork but they are claiming they can still keep hassling me for payment, do I just have to keep batting the dcas off?

 

thanks

 

Ben

 

Ok, well there was a rather unfriendly judgment issued which was actually quite ambiguous.

 

The Judge decided that .. enforcement was only the "obtaining of a judgment" !! so creditors/DCAs decided to interpret that in the following manner..

 

They COULD issue default and termination notices

They COULD sell on disputed debts.

They COULD continue to phone/write demanding payment

The COULD actually issue a claim via the court..

 

HOWEVER, they cannot obtain Judgment as the judge must find that without the properly produced documents that there is no claim to answer !!.. make of that what you will.

 

IMHO, unless the creditor/DCA can provide proof that their terms and conditions allow/permit the actions they say they can take when the account is in default.. then they simply cannot do so.

 

If they do not have the properly constructed agreement then they are denying you your rights under the Act.

 

There have been several judgments after the one above that have seen the Judge dismiss a claim because of lack of documents - documents not containing the prescribed terms and other wrong doing by the claimant.

 

PHOENIX RECOVERIES (UK) LTD SARL v DEVENDRA KOTECHA (2011)

 

A creditor had failed to satisfy a debtor's request under the Consumer Credit Act 1974 s.78(1) for a copy of a credit card agreement as it had not, on the evidence, included the original, actual terms and conditions in respect of interest rates then in force. The creditor was, accordingly, not entitled to proceed to enforce the debt under s.78(6).

 

 

 

Harrison v Link

 

Cabot - v Bachellier

 

So there you have it

[kev0184]

Dear xxxx,

 

We write with regard to this outstanding debt.

 

Payment must be made in full within the next fourteen days failing which we will recommend to our client that proceedings be issued without further notice.

 

Should proceedings be issued, additional charges will be added to the existing balance as shown below,

 

Outstanding balance to pay now £492.66

Interest £39.41

Court Fees £30

Solicitor Costs £50

New Balance if proceedings are issued £612.07

 

If you dispute liability for this debt please state your reasons in writing and supply us with documents in support of your defence to any claim.

 

Before the account is referred to us to litigate you still have an opportunity to contact Fredrickson International Ltd with your payment proposals. In order to avoid further action you should telephone them immediately on 0845 3136624.

 

This is a serious matter and you may wish to seek independent legal advice.

 

Yous sincerely,

 

Bryan Carter Solicitors LLP

 

Any adivce on what to do next?

 

Thanks

 

Benno

 

got the exact same letter today, with the amounts differing, whats the next course of action for me, the account is currently in default at the ombudsman, trying to get back my ppi, have told fredricksons this several times, now when they ring i tell them to foxtrot oscar and put the phone down, should i contact carter and tell him or just ignore?

[citizenB]

Kev - I think you need to start your own thread so as not to cause confusion with benno's. However, answering your question. If this is with the Ombudsman, you should respond to the letter by simply saying.. there is an unresolved dispute on this account and it is currently being investigated by the Financial Ombudsman under reference number 1234567. Something along the lines of..

 

 

Dear Sir or Madam,

 

Account reference

Bryan Carter letter reference

Financial Ombudsman Reference.

 

I am in receipt of your letter dated XYZ.

 

I was rather surprised to receive your letter which threatens litigation.

 

There is an uresolved dispute on this account, which is now being investigated by the Financial Ombudsman under the reference quoted above.

 

Your client is well aware of this and I suggest you liaise with them.

 

I will be copying your letter to the FOS for them to use as part of their investigation.

 

Yours faithfully

 

PRINT OR SIGN YOUR NAME DIGITALLY

 

Do send the letter by recorded post and keep the receipt with your copy of the letter - give it a few days, then check on the RM website that it has been delivered and print off the delivery details along with any signature.

 

I suspect the knowledge that there is a dispute that is currently being dealt with by the Ombudsman will see BC return the account.

[benno79]

Hi,

 

Reconstituted credit agreement from Capone attached. I though the days of reclaiming default charges were long gone?

 

thanks

 

Ben[ATTACH=CONFIG]39849[/ATTACH]