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    • Well that's it then.   You went in the entrance which simply said you had to be a KFC customer, which you intended to be.   Once you worked out it was closed and read the signage you promptly left, in all of 11 minutes.    Their signage is rubbish and you've proved it.  Well done on digging up this evidence.
    • This is a long time issue and a little complicated so I'll attempt to condense.   Barclays account: held with them over 25yrs, opend in the 90's £6800 overdraft   15 years ago the account became a problem due to account holder due illness/company closing/long term disabilities.   No activity on the account other than what is stated below, card not used, balance always kept just under the o/d level so as not to incur further costs.   In those 15 yrs (2006)the account has been maintained each month by Barclays applying the o/d interest and the account holder paying that amount.  In the early years about £120 pm, then it went to £3per interest so worked out and around £90pm and late last year with the interest hike by the banks on O/d's it took the amount close to £180pcm    In  / around 2012 the account holder approached the bank with a view to receving some help, they were at that time somewhat ill, and registered as disabled. They asked that they convert the amount to a loan with them so that over time the balance would reduce. The Bank refused but instead put them through to another in-house lender, (woolwich) on internal line, they took the details but then didn't offer the loan.   Account holders health deteriorated but they insisted with their family members to continue to pay the overdraft, they were petrified of what may happen if they didn't.   In 2014 a SAR's was asked of Barclays which they sent but it didn't give much away, but importantly neither did it mention the customer going into the branch for the help.   In 2019 the customer via a third party who also obtained a third party mandate  approached the bank with a lengthy correspondence asking for help, they gave as much info as they could.   A month later then bank stated they believed they had not acted incorrectly as the account had been held to the good by the miniumum payments on the account being met, in short unless the account tripped they would not know there was a problem.   It was pointed out to the bank that under the terms of the original agreement and backed up by a letter from the bank way back as early as 2003 that the overdraft had been increased and that the account would be reviewed annually and that the account for the overdraft to remain in place would need to be kept in good order.    It's clear no annual review from at least 2006 had taken place as 'good order' was that the account was to be seen to be going in and out of credit whch of course was not the case, it hasn't been in the black since 2005/6   The bank refused to budge , also denied that the customer had been into the branch in 2012 and in any case as it was 2019 they didn't have to go that far back with a complaint if it had not been raised before.   Thats stage 1   A complaint was raised with the Ombudsman in late 2019, they accepted the complaint and lodged with Barclays that an account had been logged and that they (Ombudsman) were thus engaged on the account.   In the meantime the customer continued to maintain the account with Barclays as per the previous 13 years at the same time as providing info to the Ombudsman when it was requested.   Barclays wrote asking the customer to call them, but they had been put on notice in the original complaint that the Customer wanted all communication in writing, three times barclays asked for them to call despite them knowing the customer was 'vulnerable'  and still they continued the account knowing that the customer was only paying them out of the disability payments etc...   Barclays were sent 3 letters via signed delivery asking that all communication be put in writing, the customer wanted to establish a papertrail so no room for error or misinterpretation similar to Barclays 2012 denial that the customer had been into the branch, all 3 letters were signed for all 3 letters went unanswered.   Late 2019/early 2020 Barclays were out of desperation contacted on the phone but as the account had not been placed in collections' then nobody from the department could speak to the customer ????   In or around March 2020 the Ombudsman wrote to the customer stating they were a week away from a resolution and that they were just awaiting for it to be signed off by a senior investigator.   3 weeks later Covid hit but no resolution had been sent, a month or so later an email was sent to the Ombudsman requesting clarification and a month later they wrote back saying 'it's a week away (again) and they'll be in touch and then the case went cold, nothing heard and no return of phone calls to them.   After months of delays and after not hearing from the Ombudsman a letter was sent to one of their senior Ombudsman who replied that they'd take a look and be back in touch in a week and which they were and where they stated that the case: A: Should not have been taken on by the original investigator as it was above their remit, it should also have been picked up by another investigator when it was looked at during the initial process but again it wasn't. B: As the case had been incorrectly assigned it was then unassigned and placed on hold and for the following reason: C :  The case was of a sort that the banks and the Ombudsman have been discussing, no reasons for the discussion was given but as the case fell into this criteria it was on hold pending the discussions being concluded by the banks/ombudsman.   In short just over 12 months of the case first being allocated/engaged it had been unallocated/disengaged and placed on hold.   A second complaint was therefore lodged with the Ombudsman which was duly investigated and a nominal amount was offered for what they stated was poor service.  This amount was refused and the complaint was then sent to the Assessor (next step) but they wrote back stating that until the case had been finalised by the Ombudsman the assessor would not be able to investigate the complaint.   Updated were occasionally given by the Ombudsman on the state of the original complaint against Barclays but even that dropped into the abyss early 2021.    After a recent request to the Ombudsman to ask if the 2019 onwards discussions with the banks had been concluded an email was sent back saying that the case was just about to be reallocated (no answer as to if their discussions had concluded.   A week later an new case investigator was placed onto the case, they had written to Barclays and were awaiting their response.   1 week later they investigator came back with:   Barclays are offering to write the account off and to close the account.   And that is where they're stuck,  15yrs of overdrafts fees being paid, (almost 2.7 times the orignal amount of the o/d) with Barclays refusing to budge, then out of the blue came the offer.   The offer is on the table for a few weeks, but is it an offer to take?   When intial contact was made the bank with the complaint in 2019 they did nothing on the o/d account but very quickly (1 week) shut down one of the Barclayscard credit cards the customer had with them and placed the other at £250 limit (the limits before that were collectively 25k but had not been used for some years)     I have read somewhere that this 'credit card' balance reduction affected the credit worthability of a credit card holder, it's an indirect hit on them and this seems borne out as although the customer has a good credit record (not really facilitating it) they have been refused credit from a source they have always used and who they have never had any problem with before and this is only after the Barclaycard issue.     Sorry for the elognated post but for me, the offer whilst it may seem ok, well if it's their offer now and whilst they may withdraw the offer I think it has more legs? The customer should never have bee allowed to get where they've been for the last 15 years......Barclays have had considerably more than the original o/d and they want to stick to terms and conditions but then seem to flout them themselves by not conducting regular reviews or even as recent as knowing a customer is struggling and they still continue onwards unabated.     Deb                                                          
    • cash cowed blind. just run the sb date to infinity for 15yrs.     who are moorcrofts client please   and i bet you have a bank account and or a card with hsbc too...
    • It was for an HSBC personal bank loan of 20k Was passed onto metropolitan collection services which agreed the £1 payment plan and have paid them every month since and they have left me alone. The new DCA is moorcroft and balance is still roughly them same.  I have always paid the agreed £1 as if I got a ccj I would lose my job.
    • What type of Bank loan ?   When you defaulted with the Bank, how much did you owe approx ?   Who did you agree the £1 token payment arrangement with ?  Is this the last DCA you were dealing with, before the debt was transfered to a new DCA ?    Which DCA's have been involved ?    There are many DCA's who have the same parent company owners and also there have been many DCA's bought out by new owners who have taken on the debts.   What is the current debt balance approx ?   Was there ever a period, when you did not make any payments towards the debt ?
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unknown Welcome Finance CCJ? - now IND own it? help


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no the debt still exists

whomever has it

the FSCS will simply reduce the balance by any reward go read their site.

sadly thats the way it will go .

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The hardest part will be tracking down where the FSCs send it. And what that company does with it..... and the correcting of any outstanding balance.

 

The claim bit is easy

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  • 1 year later...

several weeks ago I received a letter from a company called "Intrum" to say how they had taken over IND or their debt accounts etc or something and now service said account and that if a payment plan is in place then nothing will change as to pay as normal etc. 

 

The payment plan being to pay the payment set via the court\ court order every month via an account which has been paid without issue at my local post office.

 

Today I receive another letter from "Intrum" to confirm the previous letter and payments via current payment method. 

 

But they state that they have not received any payment as expected and therefore they do not have a repayment plan in place. 

 

This is NOT true, 3 payments made since first Intrum letter (receipts to prove) to the amount agreed and set as per court back in 2017.

 

Intrum then say how I should contact them in the next 14 days to agree a payment plan that is affordable and sustainable etc.  

 

Any advice on this as the debt was assigned to IND, they won at court, the court set and agreed the payment and payment has been made monthly without fail?.  

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threads merged.

you are not the only one.

 

 

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks DX, glad im not the only one. 

 

Though I've not received anything from IND to state and confirm they have sold the debt, their accounts, or themselves to Intrum, just a claim by Intrum to state they are now servicing the outstanding balance with the original welcome finance & IND account numbers and monies owed.  So not exactly sure if they have bought the debt or simply servicing it on behalf of IND.

 

I guess I'll be writing to Intrum & IND to ask them to confirm the assignment from IND in the first instance. 

But as the debt has already been assigned to IND by the courts and an agreement for payments set by the courts and payments being made and accepted via post office payments I'm unsure on exactly where Intrum are going with this seeing as the court order has been complied with?.

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they've simply purchased a whole portfolio of old welcome debts handled or owned by IND.

nasty bunch anyway.

always lie and cheat debtors

but then so are 1st credit.

 

the issue might be that your slip payments are going to an unknown A/C now.

i'd ask IND where have the payments gone since xxxx date.

 

as this is subject to a judges orders, I would pers switch to bacs payment to 1st credit. now drop the slips they have caused issues in the past too. 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks DX,

will be writing to both as I'm not paying both parties and until I've confirmation off IND that Intrum now own the debt then I won't simply take Intrum's word for anything without evidence from IND. 

Though the first Intrum letter said to pay as usual if a payment plan was in place, which it was. 

 

Paying over the counter at the post office was a method suggested by IND as like hell were IND getting bank account details for direct debit purposes.  But as said, nothing from IND to say to cease payment to them either or offered an alternative account number to pay to.

 

If I get the confirmation and bacs details then yes, I'll pay that way.

 

But can Intrum simply ignore the fact that this is an issue that has already been to court, resolved and payment set by the court and insist of renegotiating the debt and payments as if its never been to court simply because Intrum have bought the debt itself?, surely the order and payment ordered by the court still stands?.

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no ofcourse they cant over-rule what a judge ordered.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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On 27/04/2019 at 18:53, dx100uk said:

no ofcourse they cant over-rule what a judge ordered.

Thanks, that was a concern in that are they trying to circumnavigate that this is something that has been to court by making out they have bought the debt and so not obliged to stick to the court set payment.  

 

Of cause, it could be Intrum might be unaware that this has been to court, as they are trying to say I need to arrange a payment plan with them directly.  Either that or they think they can increase payments from me by suggesting I need to arrange an affordable payment plan as nothing is in place with them.

 

Either way, letters going off to both today, IND & Intrum.

 

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  • 2 weeks later...

letters went off last week

pretty much questioning clarification from them stating as this is a debt that's been before the court and an order to pay IND themselves that I can't and won't stop payments to IND and instead pay this Intrum company

 

unless I get something from IND themselves or clarification to confirm the arrangement they have with Intrum as I've had nothing from IND. 

 

But also made it clear I've continued to comply with the court arrangement and paid in the usual method as  per IND offer for which has been accepted.

 

But in reading over the first Intrum letter it makes for confusing reading.  As Intrum claim to be the servicer of the debt owed to IND. 

 

But also state that IND has been acquired by the Intrum group. 

 

Further down it mentions IND is the legal owner of the account? .

 

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Thread moved to Financial Legal Issues forum....please continue to post here to your thread.

 

Regards

Andy

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I got a reply from Intrum today, and looks like they are choosing to ignore my previous letter asking for some form of evidence of ownership or management of this debt from them and IND seeing as they claim to have acquired IND. 

 

I also pointed out to Intrum that this is a matter that has been before the courts and a payment plan has been set by the courts and has been kept to.

 

Their reply is shorter saying about being aware that IND have been working with me in relation to the matter (though not heard from IND since they agreed to the court set payment plan 2017).  And they they (Intrum) don't have a repayment plan and assure me that I can discuss a payment plan with them.

 

And that making payments towards the debt (which I am to IND until they confirm the sale or instruct payments to Intrum) will bring me clearer to clearing it and releasing any potential judgement.

 

Any advice?, as thinking to both write back and email the same letter to prevent claims they have not heard from me.

 

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why not .....tie them up in knots

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I just get the impression & feeling they will, like ind, try foul play to try and impose a default of sorts on this. 

 

As said, they look to have totally ignored my letter to them instead inviting me to make a payment arrangement with them for a second time citing it would reduce the risk of judgement.

 

For clarification,

seeing as I've not heard anything from ind regarding this sale,

where do I stand legally regarding payments?. 

 

These are still going to and being accepted by ind at the post office,

so legally Intrum can't ever accuse me of defaulting on the court order?. 

 

despite the confusing letter from Intrum claiming to have acquired ind  but ind own the debt that I should be paying Intrum instead etc. 

 

Well how can Intrum not be aware of the court arrangement?.

 

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So, I get a reply of sorts off Intrum this week and I'm still non the wiser and had nothing directly clarified on my points and questions asked at all.

 

As they say they have completed a review of the account and can see the (correctly stated payment amount) payments have been paid directly to Ind on a monthly basis and even thanked me for continuing to make payments.  They also say they have now setup the repayment plan on their systems and to prevent any unnecessary letters from them to pay Intrum directly from now on instead of Ind.  

 

I've included the letter here for reference, but wandering on the correct action as still not had any clarification off Ind and very reluctant to change who the payments go to until I get that clarification off both sides.

 

IMG_20190517_142157.jpg

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nothing for you to do

ignore it.

intrum now own ind that's all it was

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 months later...

Well more development & turn from Intrum.  Having heard from Intrum back in June offering up to a 70% reduction (off the outstanding monies due) if I paid it by the end of July, reducing to a lower discount for the next 3 months were I to settle early etc.  Well of cause I never took them up on the offer as never had the funds and said offer now expired.

 

Now this morning I receive the following letter saying "Our records indicate there is an issue with the repayment plan, which as resulted in your plan being cancelled". With the invitation to call contact them in the next 10 days to reach a solution.

 

Any ideas as barring a recent late payment payment has been made and accepted.  So surely Intrum can't rip up the repayment plan citing "there is an issue" and then suggest I have to renegotiate payments can they?.

IMG_20190916_105541.jpg

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Write back to them and ask if they could clarify what this issue is or what this payment plan is that they refer to. ?  Inform them you are not aware of any issues as payment is still being made as per the court order dated xxxxx nor are you aware that they have made any application for a redetermination to amend the court order dated which instructs payment of £ on the  x day of each month.

 

For clarity you request that they confirm in writing that they refuse to accept payment or abide by the court order dated xxxxx.

 

 

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Thanks Andyorch will do first thing tomorrow, though difficult to know how to deal with this issue without knowing the nature of the what the "issue" is that they felt is worthy to cancel it.  I made a payment a week ago at the post office without issue (though late but brings things up to date.  I could try another payment this week to see if that gets accepted?.  If it does then they are still accepting payment of sorts whilst I enquire on the issue.

 

But out of interest can they legally just cancel the repayment plan without applying to the courts?.

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There is no issue hence my suggested letter...once they receive that they will not be able to respond...read what I have typed......again.

 

There is no payment plan to cancel or to adhere to.....you are paying an amount set by a variation order and endorsed by a court order...they cannot change it or cancel it.

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Ah, I get you Andyorch, so replying as you say aught to be the end of it unless they start refusing payment. 

 

Just funny timing after there early settlement offer expired from a few months ago.  Still, its a debt they bought that by the court order would take a considerable number of years to settle, think decades than years.  So plenty of fun to come over the years and no doubt will be sold on a number of times again.

 

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Read their letter again ...slowly ...and all becomes clear....its rather an oxymoron when you break it down..

 

An issue with your payment plan.....there is no issue and there is no payment plan

A payment plan they have cancelled...there is no payment plan to cancel

Its not their intention to  pressurise you and make you pay more but you must contact them within 10 days to reach a solution....well that is direct pressure...they state they have cancelled your plan and imposed a time frame on you to add pressure....and to get you to ring them to communicate...so they can add more pressure.

 

Don't fall for it...draft the letter as advised...attach a copy of the court order re payment.

 

The N245 is a wonderful thing......its even better when the debt is assigned and they are not aware one was made.  :becky:

 

 

 

We could do with some help from you.

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Once again thanks Andyorch, your breakdown makes their letter and claim rather laughable the way you put it to basics.

 

Though they are fully aware of the court order re payments as it was all mentioned and brought to their attention the last time (when they first bought the debt) they tried to suggest a payment plan needed to be negotiated as there wasn't 1 in place.  It was pointed out payments are subject to and set via the courts & order.

 

I guess this latest round of futile action is as a result of not taking up their early discount offer and the realisation of how long it would otherwise take to clear things at the current rate.

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