Hi Creditcard I received a notice of assignment from Barclaycard, but it looks dodgy cos its got 1st credits barcode on the letter. It says the account was assidned to 1st Credit who are now the legal owners. Then 2 months later in their final response letter it says "our client" meaning Barclaycard. Have just filled in my complaint to FOS about Barclaycard, and was just going to start on 1st Credit, but they sent a final response letter in July, so am I right in thinking I'm too late to complain to FOS. Do I still send them a letter stating they havnt responded fully to my request(only sent application form). Or have you something different in mind Creditcard. Many thanks Alamand

Thanks Slick and Creditcard I will report Barvlaycard to FOS for not sending all details from SAR request and not sending credit agreement(it is 1st credit who has sent the application form). Would it be worth while to report 1st credit as well. I will also send 1st credit and lcs a letter as advised from slick and creditcard. If there is anything else i should be doing or if i am doing something wrong, could someone please advise. Many many thanks Alamand

Hi guys I have read a few threads and now i am really scared. Could someone please advise on what to do next, they seem to be a nasty bunch. I was thinking of reporting Barclaycard (original creditor)to FOS for not sending everything from my SAR request, they only sent a few credit card statements, then I could check if the notice of assignment is correct,and to see if they will finaly send a credit agreement. But i am really stumped as to what to send LCS and 1ST credit. Many thanks Alamand

Hi Guys I have received a letter today from LCS Solicitors. It says the debt has been formally assigned to their client 1st Credit, and the account is seriously overdue. It also says that "we have been informed by our client that they believe we have an interest in the above property(our address at top of letter). We have been instructed that if our client secures a County Court judgement against you the next action would be to enforce this by wat of a Charging Order against your property". It also goes on to say "it might apply for an Order of Sale of your property or issue a Statutory Demand or a Bankruptcy Order". I am sure i have read on here they cannot do those things if we pay the County Court judgement(which i havnt got yet, not been to court yet). The assignment letter that supposedly came from Barclaycard saying they had assigned the acc to 1st Credit, looks dodgy. It has Barclaycard slogan in the wrong corner of the letter and it also has 1st Credits barcode on it, this barcode is on all 1st credits letters but on Barclaycard letters it has a totally different type of barcode. Can this be classed as fraud? Sorry i cant get letters on here for you to see as my computer broke, so had to borrow a laptop and cant find disc to install scanner. Can anybody point me in the direction of a letter to send to the solicitors and 1st credit, regarding the obvious harrasment and potentially fraudulent letter. I will start to look through other 1st credit battles on here to see if i can find one or see if anybody is going through the same thing. Many thanks Alamand

Hi guys Well Monument have sent me a letter saying they have stopped the payment break and I should now start paying on the account. They say that if I dont start paying or still think the account is in dispute, all correspondence should go directly to their legal team HBJ Gately Waring LLP, who will be incontact shortly. I received this letter in November and I still havnt heard from them. Anybody had any dealings with their legal team. Thanks Alamand

Hi Guys Just wondered if anybody has had time to look at the above letter. It would be really helpful if I could receive someone elses view on the matter. I am thinking that their findings mean I should wait while YB take me to court and defend. Just cant understand why FOS say the application is valid when APR, T&C's etc are missing and does it mean that if it went to court, the judge would take the FOS findings into consideration, meaning I would lose before I even started. Confused! Alamand

Thanks Angel Good luck in your fight and remember everyone on here is in the same boat. The guys on here are fantastic and always on hand if you get stuck. I have had some great advice and they have all given me superb support, I definately couldnt have done it without them. Big Big thanks to everyone. (only 3 left to deal with now) Kind Regards Alamand

Hi Citizen It was a partial settlement. They have sent a letter stating the acc. is now closed and no further action will be taken to the residual balance owing and my credit files updated as partially satisfied. I took this route as I knew I couldn't win in court with the agreement and I would have had to pay the full balance. They did want more but I said that I believed the courts wouldnt look favourably on them if they tried to get me to borrow more money and push me further into debt. I still feel something was wrong with the agreement as they backed off from the court route when I defended, but as I have said all along, I wasnt trying to get out of paying my debts, I just got into difficulties and wanted to treated fairly not punished. Kind Regards Alamand

Hi Many thanks for that letter Creditcard. I will post it off tomorow. Kind regards Alamand

Hi Guys Well I reported YB to FOS. This is their findings. It certainly looks like that was a waste of time. I dont know what to do now. It seems YB can try and alter documents and send 3 different sets of T&C's and still not be in the wrong. If anybody has ideas on what to do next I would be really greatful. I suppose I have just to wait and see what YBs next move will be. Big Thanks Alamand

Hi Guys Well I have just received my credit agreement from 1st Credit regarding Barclaycard. It came today with this letter The agreement is not very clear, but they say in the letter, if I confirm the signature is correct they will send the complete documents. What letter should I reply with. Obviously I need to see the proper document, just cant understand why Barclaycard did not send it. It is my hubbies signature on the form and its taken nearly two years to recieve something from Barclaycard. I would really appreciate a little bit of advice on what to do next. Big Thanks Alamand

Thanks Car They just marked it as partially settled. I am not planning on getting more debt, so I am happy with that. Kind Regards Alamand

Hi everyone Hope you all had a good xmas. Just to update you all, I negotiated a partial settlement with Halifax at 45%. I have just received their letter stating they had received my payment and that they had closed the account and no further action will be taken and that they would update my credit file accordingly. Would just like to say a big thankyou to everyone especially all those who guided me through this time. As I have said all along, Idid not want to get out of paying my debts but just wanted to be treated fairly and not be conned. A BIG BIG THANKYOU Alamand

Hi every one Hope you all had a good xmas. Just an update, The fOS has sent me a letter saying they have assigned me someone to look at my complaint and that they are going to write to YB, but could I please write and tell them why I think I am not liable for the debt. I didnt say I was not liable for the debt but that YB had not sent me a valid agreement, making the account uncollectable and that they had tried falsifying the application form and T&C'S. Could anybody please advise on what I should reply with to the FOS. Many thanks Alamand

Many thanks Chris Will get OH to ring Litigation team and see what happens. I suppose what ever happens, interest will be frozen and one way or another, we will see an end to this debt. Kind Regards Alamand

Thanks Chris If I write offering a payment through this consent/tomlin order, would interest be frozen? If it went to court and i received a CCJ, at least interest would be frozen. I already have Defaults, so I would imagine a CCJ wouldn't make much difference. Is there a template on here for draughting a letter regarding these orders. Would it be also worth while offering F&F again and stating if they are not willing to accept, we will opt for admitting the debt in court and asking for the Money Order. We have managed without credit for the last 6 years and dont intend to get any more credit in the future so a CCJ wouldnt be the end of the world, as you say. We have managed to pay 5 of our debts off and we are left with 4 credit cards, 3 have definatly got dodgy agreements or none at all and this leaves Halifax, which is also the largest at £6k. If we decide to admit in court, do I reply to their recent letter with, I deny the debt. Many Thanks Alamand

Hi Chris I thought it was unenforceable at first because it was an application form.That was the advise I was given at first. Yes they have the correct the personal details on. I signed the application form. So do I admit the claim now? Thanks Alamand

Hi Chris This is the credit agreement in post 1. http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/146601-mtb-halifax.html#post1546603 I was originally told it was unenforceable when I posted it on someone elses thread, but when Halifax started court proceedings, I was told it was enforcable. I put a defence in stating they hadnt responded fully to my CCA request and hadn't sent me a true executed credit agreement and the account was in dispute(I would plead ignorance or stupidity on my part, thinking an application form could not double up as a credit agreement as I was originally advised), and they hadn't responded to my CPR request, and put in the defence that, when Halifax responded to the CPR request, I would amend my defence. After receiving help from everyone on here to put a defence in, it was then I noticed the application form had 2 different account numbers on it and both did not match the account number of the account that I am fighting. Is it not that my argument now is, that Halifax have failed to reply to my CCA request and that the agreement/application form that they have sent,is totally unenforceable due to the fact that what they have sent is not the application form relating to my account.It has my details on it which proves I filled in an application form, but it does not have my account number on it, it has somebody elses on it, so it cannot be properly executed (hope that makes sense). Thanks Alamand

Hi Chris This is the attached letter They have printed OH's name and want him to sign at the bottom. I don't think that would be a good idea as I have noticed on the application form that they have sent( after I put the defence in, missed it before I sent defence in), the account no's on the application form are wrong, plus there are 2 different acc no's on the form and they are both different. Thanks Alamand

Hi Guys Well Halifax have finally responded with this letter, Could I please have some advise on how to reply to this letter. 1. Do I just reply with saying the application form is not poperly executed(but do not tell them the account no's on the application form are not the same as my account, as this would give them time to make one up and produce in court or do I tell them) 2. They sent the final response letter in reply to my CPR request. Should they have sent the final response letter before they started court proceedings. 3. They didn't reply to CPR request, they said they didn't need to. 4. The T&C's they sent with the final response are their current ones, not from 1990. 5. I also sent them a seperate F&F settlement offer, but they didnn't reply to that neither, should I carry on down that route as well. There are so many questions I dont know where to start.I don't understand why they just didn't carry on with the court case, instead of now asking me if I want to still dispute the case. They have also added £160 court fees on the debt, but they havn't carried on with court yet, its been stayed. Thanks Alamand

Thanks Chris I have been reading loads of threads and it seems they always get them lifted without any problems(very unfair to normal, law-abiding citizens). Just cant understand why they didnt respond( its not just 2 or 3 days late, its about 20 days late,so far) and why they havnt responded to F&F offer either. In fact no correspondance from them at all. Guess we will find out soon enough. Kind regards Alamand

Hi Guys Thanks Chris n Hopeful. OH has just rung court and it has been stayed. Just wondered now, when Halifax apply for it lifting, do they contact us, so we can object, or do they just apply and get it granted. After reading a couple of threads, it seems they always get them lifted. Suppose its just a waiting game now even though Ithink its very unfair that they can totally ignore the law and get everything to go their own way, while we are not allowed to be late and have to stick to deadlines or we automatically get judgements against us. Many thanks Guys Alamand

Hi I'm having the same dealings with Monument. That is the address Monument state on their correspondance with me and it is also Miss Wort that signs the letters. Monument have started a Payment Break on the account, when I questioned this, they said it was free and no payment will be taken for this service.It has been applied for about 8 months and I have not paid a payment since July last year when the account became in dispute. They just keep saying the "reply card" they sent is all they need to send, and I just keep replying it is not a properly executed agreement. http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/87679-mtb-monument-barclaycard.html?highlight=alamand I havn't got an e-mail address for them. Regards Alamand

Hi Guys Well its been at least 48 days since my defence was received, and I have had no correspondance from Halifax or the court. Can anybody please tell me what I should be doing next with the court case, as it has gone way over the 28 days, that Halifax should have responded. Does this mean that the case should be struck out of court, and if this is the case, should the court have informed me. I am a bit confused now, because I dont know where I stand with the court case and I am uncertain of what my options are. If somebody could please advise me please, I dont think there is anybody on here who hasnt received a reply from court or have waited this long to here something from the court(cant find a thread with similar circumstances). Many Thanks Alamand

Thanks SP and Marjorie They passed mine to Fairhalson as well. but just keep going and they will have to back off, and just keep us posted and with everyones help on here, we will get through Regards Alamand