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AllianceOne DCA/Barclaycard


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Hi all,

Received a letter from AllianceOne again yesterday, same address on the letter

c/o DO Group, PO Box 8743, 3 Phoenix Crescent, Bellshill ML4 3WU, telephone 0808 234 8174

 

But address on back of the envelope is PO BOX 26206, Hamilton, ML3 0WD. Don't know if anyone recognises that.

 

Any way they say

 

"Our client has autorised us to reduce the balance of your over due account by 30%" This is over £2000 reduction. I never asked for a reduction?

 

Now why would Barclaycard do that?

 

they state "Upon receipt and clearance of you payment, we will not pursue you for the remaining balance and treat your debt as partialy settled. Your account will be considered closed and our clients records will be updated accordingly. As long as you haven't made other arragements to repay this dept, you are eligable for this offer" Don't know anything about any offer?

 

They want payment by Credit Card or Cheque, payable to Barclaycard, sent to B/C payment dept in Bolton. So I don't think this bunch have bought the dept.

 

I did CCA Mercers back in May and received nothing. Wrote to them and B/C again complaining, still heard nothing. Never said they were handing the account to this AllianceOne bunch and have stopped sending statements. Am still paying B/C a token pro-rata payment each month though, although they never formally agreed to it. But I send it anyway, shows willing if it goes to court

 

The letter ends

 

"contact us on the following number 0808 234 8174 to speak to an adviser".

 

And of course no signiture or name.

 

Would you say this is a last ditch attempt to recover monies due to them not have a correctly executed CCA or just further futile attempt to get me to telephone them?

 

Any thoughts or advise please

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If they treat your debt as partially settled it means that it isn't settled in full...ergo there's nothing to stop them chasing you further really. You need a written statement from them saying that the debt would be 'paid in full'.

 

That aside, If you've CCA'd them & received nothing I read it that they can't provide the information, hence their 'wonderful' offer!

 

Personally I'd hold tight & wait for the CCA to be produced (but don't hold your breath):)

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  • 2 weeks later...

Quick up date on this one folks.

Received a reply from Barclaycard about my complaint.

They say

"Barclaycard are no longer in possession of the account. Therefore, you should contact AllianceOne direct regarding the account"

So it would appear they have sold a disputed account on to this american lot.

Sent AllianceOne a CCA request 13/09/07. Phone has never stopped ringing since, even though I said "Communiction in writing only"

Home phone, mobile, texts, voice mails, you name it I have had it. Have binned the mobile sim card, sick of it ringing.

All you get in the voice texts in

"This is Randy ( in a dodgy american accent) call me immediately on my freecall number."

All this harrassment just because I ask for a copy of the CCA.:D

Bring it on boys.

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Quick up date on this one folks.

 

AllianceOne signed for CCA request 21/09/07.

 

No written response as yet, just a couple of calls from "Randy" again, which are recorded messages. I have listened to them back and they are all identical, so not even a real person calling. :p

 

I think the wages must be better in the USA for these DCA call centre ops. As only had two letters and about 4 calls in two months, so obviously not commission based wages. :lol:

 

Clock in ticking boys. :D

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  • 1 month later...

Finally got a reply from Barclaycard in my response to my CCA request to AllianceOne.

 

Dear Mr X

 

Please find enclosed a copy of the original application as requested by AllianceOne.

 

Your sincerley

Linda McQuiggan

Barclaycard Recoveries.

 

Right, this is not what I requested I asked AllianceOne for;

 

1. - True copy of original credit agreement

2. - Statement of account

3. - Copy of the executed deed of assignment from (Barclaycard) and (AllianceOne)

4. - Fair Processing Notice.

 

What they have sent is this;

 

barclayscca.jpg

 

Now I know you will not be able to read it, neither can I, it is a rubbish photocopy of a 'pre-appoved application'. Barclaycard say as much in their letter.

The only thing that is clear on it is the name and address which is printed on and this is perfect, so inclined to think this has been pasted on recently.

 

There is no interest rates.

No terms and conditions.

No signiture by Barclaycard. from what I can read from the black smudges.

 

All it has on it apart from my details is ;

 

Payment protection Plan info

Barclay card Protection info

A bar code sticker thing with my name printed on it

A signiture box (for me)

Personal Data info. Thats it.

 

The dates of the application and the address at this time is correct, as are the bank account details at the time and the signiture box (which is my signiture) says; 'this is a credit agreement regulated by the consumer credit act 1974'.

 

Now I have read on other posts that this is the norm for Barclaycard to send out application form as CCA's. So would I be correct in the assumption that this is not an enforcable agreement?

 

I have received nothing else from either AllianceOne with regards to the statement of account or deed/notice of assignment.

 

So do I just sit and wait to see if they try to enforce this rubbish they have sent or write back to them saying it is not what I asked for.

 

As Barclaycard have told me previously they are 'no longer in possession of my account' I presume all correspondence should go to AllianceOne.

 

I await you input folks.

Alf

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Right, where do i start,

 

Basically Alf, what they have sent, if its illegible then you have them by the Danglies as there are regulaitons which set out how copy document should be.

 

the Consumer Credit (Cancellation Notices and Copies of Documents)

Regulations 1983 (SI 1983/1557)

 

states.....

 

2 Legibility of notices and copy documents and wording of prescribed Forms

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed

agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety

under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily

distinguishable from the .

(2) The wording of any Form prescribed by these Regulations shall be reproduced in copies of unexecuted or executed

agreements or in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the Act

without any alteration or addition, except that--

(a) the creditor or owner may enter the name and address of the debtor or hirer in any Cancellation Form prescribed

by these Regulations; and

(b) every Form shall be completed in accordance with any footnote

 

so there you go, what they have sent is not compliant

 

time to put a flea in their ear

 

Regards

 

paul

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oh and thats for starters, there are many more problems with what they sent

 

 

 

Basically

 

 

 

all i can say

 

 

 

about it

 

 

 

 

is

 

 

 

ITS TOTALLY

 

 

UTTERLY

 

 

COMPLETELY

 

 

UNENFORCABLE

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Paul has just about said all that needs saying on this one! :D

 

The "agreement" is worse than what they sent to me, and that's saying something!!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/101162-diskmandave-barclaycard-x2.html

 

Good luck with it!

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Who would I address the reply letter to in this case.

 

Alliance One who I sent the request to

or

Barclayshark, who sent the application form quoting " as requested by AllianceOne"

 

Barclayshark previously told me they no longer manage my account and to correspond with AllianceOne.

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  • 3 months later...

Obiously not because this post is now in barclays bank section.

Congrats on the promotion to Mod m8.

 

My posts are not showing in the correct sections. Also half of my posts are missing from my user CP? I don't recieve no emails about replies and when I add to the posts they don't show up as a new post in the correct section so I can't find where the are to add to them.

 

Any ideas what is wrong M8?

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After the glitch over the w/e, there may be continuing problems which are being worked on to reseolve asap.

 

Post what you want here and, if the thread needs moving, it'll be done.

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Right here we go again with this Barclayshark account.

I sent Alliance One a Formal Complaint on 12 November 07, telling them that what B/C had supplied as an agreement was nothing of the sort (see earlier posts) and included a S10 Notice with it.

Have not heard a dicky bird from them since. Then this morning a letter from the Moorcroft Numpties.

 

Dear Mr X

 

We have been instructed by Barclaycard.

To collect your overdue account debt of £XXXX.XX. (This amount is actually less than it was with Alliance One for some reason by a couple of quid, but I have made no payments to them)?

It is a legal requirment to send a notice of INTENDED LITIGATION before proceedings in the county court is issued. This letter fulfils this requirment even if it is not actually read by you.

To prevent legal action from being taken it is essential that you settle this debt without delay. Payment should be submitted in full within 7 days or contact made with this office immediately, by telephone on 0161 475 2822 or by letter, with your payment offer. Failure to contact us by 10.00am on 15/02/08 will result in legal proceedings being issued against you without further notice.

We would draw to your attention that if judjement and an order for repayment in full is obtained and remains unpaid enforcement of the debt will be sought by one or more of the following procedures.

 

Warrant of execution by bailiffs against goods owned.

Application for attachment of earnings order with your present or future employer.

Application for a charging order on any property you mayown or are purchasing under a morgage.

 

We would emphasise that should judment be entered against you this will affect any future credit application you will make elsewhere. we would also draw your attention that all legal costs incurred will be payable by the debtor.

 

Payment in full must be sent NOW to "Moorcroft Debt Recovery" with this letter to the above address.

 

A J Martin

Debt Recovery Manager.

 

So what is the next course of action with these idiots?

The usual, no cca, go away or something a little stronger?

Thanks for the help guys.

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Right here we go again with this Barclayshark account.

I sent Alliance One a Formal Complaint on 12 November 07, telling them that what B/C had supplied as an agreement was nothing of the sort (see earlier posts) and included a S10 Notice with it.

 

Have not heard a dicky bird from them since. Then this morning a letter from the Moorcroft Numpties.

 

Dear Mr X

 

We have been instructed by Barclaycard.

To collect your overdue account debt of £XXXX.XX. (This amount is actually less than it was with Alliance One for some reason by a couple of quid, but I have made no payments to them)?

 

It is a legal requirment to send a notice of INTENDED LITIGATION before proceedings in the county court is issued. This letter fulfils this requirment even if it is not actually read by you.

 

To prevent legal action from being taken it is essential that you settle this debt without delay. Payment should be submitted in full within 7 days or contact made with this office immediately, by telephone on 0161 475 2822 or by letter, with your payment offer. Failure to contact us by 10.00am on 15/02/08 will result in legal proceedings being issued against you without further notice.

 

We would draw to your attention that if judjement and an order for repayment in full is obtained and remains unpaid enforcement of the debt will be sought by one or more of the following procedures.

 

Warrant of execution by bailiffs against goods owned.

Application for attachment of earnings order with your present or future employer.

Application for a charging order on any property you mayown or are purchasing under a morgage.

 

We would emphasise that should judment be entered against you this will affect any future credit application you will make elsewhere. we would also draw your attention that all legal costs incurred will be payable by the debtor.

 

Payment in full must be sent NOW to "Moorcroft Debt Recovery" with this letter to the above address.

 

A J Martin

Debt Recovery Manager.

 

So what is the next course of action with these idiots?

The usual, no cca, go away or something a little stronger?

 

Thanks for the help guys.

 

Regards

Alf

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Well that's an easy one.

Throw this at Moorcroft:

 

Edit as needed

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 Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *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.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

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.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

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

*- Delete as needed

Enjoy

Be VERY careful whose advice you listen too

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  • 2 weeks later...

Well sent the CB letter above on 12th Febuary to the Moorcroft numpties re B/C account that has been doing the tour of the DCA's.

Recieved this in the post this morning.

 

NOTICE OF INTENTED LITIGATION

 

To prevent the above action send payment in full before 27/02/08 or telephone 0161 475 2822 immediately.

 

If you do not respond to this letter we will assume you are purposely avoiding repayment of this debt and will take the necessary steps to secure settlement which may include issuing legal action against you. Please not if legal action is necessary your debt will increase as follows:

 

Current balance £7XXX.XX

Solicitors costs £100.00

Court fees £240.00

Solicitors cost for entering Judgement (by default) £35.00

Total cost if Judjement obtained £8XXX.XX

 

Please note we have confimed with a major public utility that you are in occupancy at the above address.

 

A J Martin

 

So they are still trying it on with the threats. Costs for entering Judgement (by default)? Do they thing I am not going to defend? Stupid planks.

What should I do now? Leave them to initiate this so called action or write to them again with a stronger worded letter?

Alf

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Here you go a nice LBA for you

 

Formal Complaint

Letter before Action

 

Dear Sir/Madam,

 

With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

 

The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

 

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully

Be VERY careful whose advice you listen too

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Cheers Ben.

Is this ok to send to Moorcroft, as was not then who failed to supply the CCA. Was AllianceOne/Barclaycard who sent the illegable application form last year.

 

Nearly all the rest of the letter is what I told them in the last letter of yours?

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