A&L Cards and Tessera (Rockwell)

[tifo]

received letter from Robinson Way stating they have sent the two accounts back to Tessera.

[InKogneeToh]

Or in other words 'we're baling out mate, this one's nowt but a hot potato!!'

[tifo]

yes, Pam.

 

but what will Tessera do now? Pass it on to someone else?

 

Shall i write to them and tell them to stop it as the debt is in dispute and they need to deal with it themselves?

 

You're seen what they've sent me (an unsigned app form) with no Ts and Cs or prescribed terms.

 

Since in dispute they can't take it to court also so they're stuck?

[InKogneeToh]

Hi

 

Well, Tessera aren't going to be able to come up with a 'better' agreement now, because if they had one it would have been sent to RW in the first place, so it doesn't really matter what they do.

 

If you get any threatening letters from them or any other DCA in the future, then you could go down the 'harassment' route.

 

Regards, Pam

[tifo]

i am claiming charges back from 2 alliance and leicester credit cards.

 

A & L told me to send the request to MBNA as they now administer the cards.

 

I did this and MBNA wrote back saying they could not find my accounts and to send them to A & L.

 

The accounts were closed by A & L a few years ago.

 

So, anyone help?

[dizzy delilah]

Did either A&L or MBNA put it in writing that they don't have your details? Or was it over the phone? If you have them in writing, I might consider sending them to each other (ie. MBNA's to A&L and vice versa). If your 40 days are up, enclose a non-compliance letter to each of them. One of them will have to come clean.

[tifo]

MBNA sent a letter after i sent them my request for a refund of charges.

 

I spoke to them on the phone so it may have resolved itself. They only took over A&L credit cards in March 2003 for active accounts. As my accounts were closed in 2002 they do not have them.

 

A&L will now have to deal with it.

 

I did not need to send a S.A.R. (so no wait for 40 days) as i had all the statements.

[tifo]

did a s.78 on Tessera in January for the Moneyback card.

 

Some months later, they sent an application form, which was not signed by the bank, and a copy of my transactions with A&L, nothing else.

 

i kindly informed them the account is unenforcable as they haven't complied with my request and further that the agreement has never been properly executed as it is missing a signature by the bank.

 

today i receive a letter from Mackenzie Hall asking for full payment within a few days as their client is not aware of any legitimate reason for non-payment (i suppose non-compliance with s.78 is not good enough a reason and my many letters have not made this clear).

 

any advice as i have not dealt with these people before.

[tomterm8]

Don't phone mckenzie hill. Send them the letters you sent the other chaps.

[tiglet]

Try this one (but be aware, MH have a tendency not to listen to anything you say):

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the CCA 74.

 

As **original creditor/DCA** are now in default of my Consumer Credit Act request, Subject Access request and have also breached s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

BLAH

[tifo]

Don't phone mckenzie hill. Send them the letters you sent the other chaps.

 

they just rang me now (had my No. from Tessera).

 

the guy said he was their 'Compliance Officer'.

 

stated that Tessera only have to supply T's and C's (which they have not done anyway) and nothing else and am i not accepting i owe anything?

 

asked am i getting wrong info from 'those websites' and i said NO, i'm getting right info from the CCA 1974 and Trading Standards, asked for their Tel No, told him NO, you can't have it.

 

he then stated 'go get a solicitor as you'll need one' and cut the phone off.

 

he was very rude and i think this is harassment?

 

plonker!

[tiglet]

Ah, I remember the days of those phone calls .. bless 'em!

 

Send the letter off and the telephone harrassment letter from the sticky.

 

If they continue to contact you, report them to TS.

[tomterm8]

I would have asked him why he was breaking the OFT Debt Collection Guidelines by collecting the same debt as Tessera at the same time.

 

Actually, McKenzie hill baiting used to be one of my hobbies... next time, don't give them your personal details, and watch as they absolutly foam at the mouth:)

[tifo]

I would have asked him why he was breaking the OFT Debt Collection Guidelines by collecting the same debt as Tessera at the same time.

 

Actually, McKenzie hill baiting used to be one of my hobbies

 

They're collecting on behalf of Tessera as 'their client'.

 

Any advice re this DCA would be helpful as i've not dealt with them before.

[tifo]

Send the letter off and the telephone harrassment letter from the sticky.

 

I'll have the letter off on Monday.

 

Will add some more bits re OFT guidelines with extracts as i did in my previous letter to Robinson Way.

 

aren't Tessera breaking some sort of guidelines here by passing it from one DCA to another for collection while it is in dispute and what can i do to them?

[tifo]

kinda cheeky though telling me i'm getting wrong info about s.78 and my rights from all those websites, TS and the Act itself. Could this be an attempt to coerce me into paying and can i use it?

[PriorityOne]

I've not read through all of this thread, but one of my A&L accounts was sent to an internal DCA for several years before being farmed out to the Tessara group (Fenton Cooper) whilst in default of a CCA request. FC then sold it to MHall... who I've ignored to date, so there's a familiar pattern here...

[tifo]

who I've ignored to date, so there's a familiar pattern here...

 

at the moment, MH say they are acting on behalf of their client Tessera, who bought it from A&L.

 

the guy is obviously trying to intimidate me but do they really think they have any chance in court after sending an application form not signed by the bank and some terms and conditions which are totally unreadable?

 

shall i turn the tables and ask for info as per CPR which tomterm advised in his post on 30th April for RW or shall i just write a 'in dispute' letter and see if they believe in their own convictions?

[tomterm8]

at the moment, MH say they are acting on behalf of their client Tessera, who bought it from A&L.

 

the guy is obviously trying to intimidate me but do they really think they have any chance in court after sending an application form not signed by the bank and some terms and conditions which are totally unreadable?

 

shall i turn the tables and ask for info as per CPR which tomterm advised in his post on 30th April for RW or shall i just write a 'in dispute' letter and see if they believe in their own convictions?

 

In my case, MH disappeared the second they recieved the CPR letter. Shrug.

[PriorityOne]

They have no chance in court with that... no, which is why mine was sold on time and time again. have they issued court papers against you are just threatening it ?

 

I only dealt with Fenton Cooper (Tessera) because MHall just sent a phishogram stating that the world would end on xx/xx/xx if I failed to contact them, blah, blah .... They don't have my 'phone number either... so I've not heard from anyone for months now.

 

I will give you a link to my letter from FC. If there have been no court papers, you may want to adapt it for MHall.... If there have been court papers, then I will try and read through the thread properly when I get a chance.

 

Give me a minute....

[ODC]

Once a debt gets passed to MH you know you have won and its unenforcable. They are the lowest of the bottom feeders and float around picking up the waste products that other DCAs discard.

[PriorityOne]

Ok... here is the link. Not sure how useful the letter will be as it stands... but you can edit sections into something more relevant to yourself and go from there....

 

http://www.consumeractiongroup.co.uk/forum/legalities/63067-need-some-urgent-legal-5.html#post1101520

 

The thread may be useful to you anyway... since it's one of the few A&L debt ones. You also advised me at times on there.... lol

 

[PriorityOne]

Once a debt gets passed to MH you know you have won and its unenforcable. They are the lowest of the bottom feeders and float around picking up the waste products that other DCAs discard.

 

Yes... that's always been my view as well ... lol

[tifo]

have they issued court papers against you are just threatening it ?

 

I only dealt with Fenton Cooper (Tessera) because MHall just sent a phishogram stating that the world would end on xx/xx/xx if I failed to contact them,

 

I will give you a link to my letter from FC. If there have been no court papers, you may want to adapt it for MHall

 

No court papers or action yet from Tessera or anyone else. Just s.78 non-compliance.

 

MH say my world will end (for my debt to their client anyway) at 12 noon on 21st Nov if i fail to contact them and i have rec'd the letter today the 17th. I have contacted them today and they me so their should be some reprieve for me. But the guy only contacted me to give me so much bull**** i thought its manure season!

[tifo]

Once a debt gets passed to MH you know you have won and its unenforcable. They are the lowest of the bottom feeders and float around picking up the waste products that other DCAs discard.

 

Really? I haven't had any contact with MH before so don't know what rank they hold on the DCA board.