MagicTongue -V- Barclays Partner Finance / Clydesdale Financial Services

[MagicTongue]

OK this is an interesting one so will try your minds!

 

Right well made the decision to persue BarclaysPF/ClydesdaleFS once and for all!

 

So I have typed up my S.A.R and sent it, along with the maximum £10 fee, to the following address (hope its the right one):

 

The Data Controller

Barclaycard Loans

(Clydesdale Financial Services Ltd)

1 Churchill Place

London

E14 5HP

 

This was sent yesterday morning 08/03/2008 and came home only to find a nice letter in the post, talk about timing!!!

 

Here is what it reads:

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http://www.scotdebt.co.uk

NOLANS Solicitors

incorporating Nolan Macleod

Donaldson House

39 Donalson Street

Glasgow

G66 1XE

 

LP 10 Kirkintilloch

DX Box 500822

 

Our Ref:- SDN/CG

Your Ref:- xxxxxxxxxxxx1764

email:- mail@nolmac.co.uk

 

 

07/03/2008

Dear Sirs,

 

BARCLAYS PARTNER FINANCE -v- YOU

OUTSTANDING SUM - £1,261.65

 

We have been instructed by our above named clients to seek payment from you in the sum of £1,261.65 being the balance due on your above account.

 

Our instructions are that you have failed to make payment of four monthly instalments. A number of requests have been made to you for payment but these have met with no responce.

 

Accordingly, we give you notice that unless you pay our clients all outstanding monies in fulfilment of your obligations to our clients within the next seven days, we may be instructed to take further action against you.

 

YOU SHOULD NOT IGNOR THIS LETTER. PLEASE CONTACT OUR CLIENTS TO MAKE PAYMENT BY TELEPHONING:-

 

0870 010 0564

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Right so to clarify:

• Solicitors (Nolans) letter received, dated 07/03/08

  
  

• S.A.R (inc £10 cheque) sent 08/03/08

  
  

So what should I be doing in the meantime whilst waiting for my S.A.R details and did I send it to the right address in the first place

 

(Note To ADMIN - If this thread is in the wrong subforum please relocate and let me know thanks)

 

Hope someone can advise!!!

 

Mr Magic-Panicking-Tongue

:eek:

[MagicTongue]

duplicated

[slick132]

Hi Magic and welcome to the Barclays Forum,

 

By sending off the SAR, you are putting the debt "in dispute" and the bank/Nolans are limited as to what they can now do because of the OFT Debt Collection Guidelines.

 

Take a look at the OFT DCG's in the link which is in my signature below. Sections 2.6 and 2.8 offer you protection.

 

Do you have any idea of how much you've been charged in unlawful penalties on the a/c.

 

Slick

[MagicTongue]

No idea how much I have been charged but I think it's safe to assume a fair bit, quite possibly more than I owe, but not 100% on that until I receive the information from them through the S.A.R

 

Just taking a good look at the DCGs and wish to raise question with reguard to section 2.8 at k.

 

not ceasing collection activity whilst investigating a reasonably queried or

disputed debt.

 

Does this mean that as I have submitted a S.A.R that in basic terms; for a certainty of at least, from the date of my S.A.R, the 40 days in which they have to respond to the request, that neither they - BPF/CFS - nor their collectors - NOLANS - can persue collection during that tie period?

 

Also under section 2.6 at point a.

 

contacting debtors at unreasonable times and at unreasonable intervals

 

This is certainly true of them!!!

 

and 2.6 at f.

 

pressurising debtors to pay in full, in unreasonably large instalments,

or to increase payments when they are unable to do so

 

Nolans are certainly guilty of this right?

£1261.65 over 4 months is £315.41, now are they taking the **** or just plain stupid?

 

Surely me not paying them for a while and letting them know that I was unable to when they kept phoning and phoning and saying well surely you have £20 we can process off a credit card (lol the cheek of it!) and me again saying no I really don't even have that at the moment tells them that I am, as I already have told them in plain english terms, that I am in financial difficulty, so they continune to call and continue to send an almost subscribed weekly letter (which will apparently cost me £22.50 a time!!!!!) then instruct these NOLAN SOLICITORS to get the money by way of collectiing over 4 months.

 

Erm not sure about this, tell me if I am wrong,

If I cannot afford £20 to cover my ass then surely I'm right to think that it is nigh on impossible for me to pay £315 in 4 months of sucession!!!

 

Just hope the S.A.R info shows that I am entitled to more than they want off me, realy stick the knife into them with a twist as they have me for so damn long now!

[slick132]

Hi Magic,

 

The sections usually helpful are 2.6a; 2.6f; 2.6h; 2.8i and 2.8k.

 

They (bank/DCA/solicitors) should back off until the SAR is properly replied to. If they don't, let us know as there are letters suited to written or telephone harassment.

[Bigmac versus]

Hi MajicTongue and yes the thread should be in Barclays forum so I will move it for you after I edit some of your words.

 

What I can tell you is that Nolans solicitors will take you to court so keep copies of all correspondance and dont worry as any action taken against you can be defended as you are waiting for your financial statements which would be used to counterclaim their action. (Assuming you have penalties in there somewhere)

Have you seen any agreement?

[elsinore]

Threads merged.

 

Els

[MagicTongue]

Hi MajicTongue and yes the thread should be in Barclays forum so I will move it for you after I edit some of your words.

 

What I can tell you is that Nolans solicitors will take you to court so keep copies of all correspondance and dont worry as any action taken against you can be defended as you are waiting for your financial statements which would be used to counterclaim their action. (Assuming you have penalties in there somewhere)

Have you seen any agreement?

 

 

Thank you

 

Is there anyway to to avoid them taking me to court? :-|

Not really the route I want to end up going down? Think I saw a template somewhere on the forum for third party dealings when a debt is in dispute over charges etc, can't seem to find it now :? would that be the appropriate thing to send to NOLANS to inform them that current dealings are between me and "BarclaysPF/ClydesdaleFS" and until that is resolved for them to back down?

 

As for an agreement... do you mean the original credit agreement? If so then no I haven't one as I took finance with them a few years ago now, and yes I know we are always told keep EVERYTHING, but I was young, nieve and possibly misguided when it came to finance, unfortunatly, and never thought, like most of us, I would be in this situation.

 

What would the agreement benefit me with reguard to?

[slick132]

You can write to Nolans saying:-

 

" I refer to your letter of 7th March.

 

I sent Barclays/CFS a formal SAR dated xxth March requesting various items of data.

 

Until they comply fully with my request, you should take no further action with regard to the alleged debt.

 

Any further communication received from you in this matter will be referred to the FOS as a direct breach of Sections 2.8 (i) and (k), amongst others, of the OFT's Debt Collection Guidance.

 

Yours faithfully

 

Mr M Tongue "

 

Send this to Nolans by Rec'd Del'y.

[MagicTongue]

Thanks very much Slick that is very helpful and will get onto it right away

[Bigmac versus]

You should certainly contact Nolans and inform them of this but Nolans being Nolans probably wont stop their threat of legal action and will continue to court, however that would be some time after their time frame has passed to reply to your SAR. Either way you will have a defence to their claim. If they provide you with your statements then you can raise a counterclaim or request a stay pending the outcome of the OFT test case on charges, if they fail to comply with your request then you are at a disadvantage to respond to their action and should request the case to be continued until they comply with your request. Unfortunately the criminal offence commited by non-compliance wont interest the judge but without the agreement and your statements then you have a total defence against any action they take.

[Bigmac versus]

Hopefully your charges will be a considerable amount.

[debt_mountain]

From my experience with Nolans they will just ignore the debt being in dispute, but the court dates are about 6 - 8 weeks after the date they raise the paper, so plenty time to get the info you need.

 

I would go for the stay awaiting the outcome of the OFT and as long as you have CCAd and SARd them you have done all you can.

[debt_mountain]

forgot to say, have you checked your credit file, if they have reported a default and that figure includes charges you should tell them to remove it as it is inaccurate.

[slick132]

Hi Magic,

 

Can you please confirm exactly what type of a/c this is to avoid any confusion.

 

I assume it's a bank a/c which has gone o/d, but we need to know for sure.

[MagicTongue]

Hi Slick sorry no this isnt a Barclays bank account it is a finance agreement that was held with CLYDESDALE FINANCIAL SERVICES which is now called BARCLAYS PARTNER FINANCE. Don't know if my thread is in right place but I did originally have it wrong and this is where admin moved the whole thing to.

 

Just to clarify sent a SAR off to them on 08/03/08

Today (02/04/08) recieved letter with another £22.50 charge on account for "admin costs"

[slick132]

Hi Magic.

 

Can't do any more until they respond to your SAR, or they fail to do so within the prescribed time.

 

Re the £22.50 admin costs, is this a penalty chg for a late or overdue loan repayment.

 

I assume you have to repay a fixed amount monthly and you've suffered penalty chgs for late and/or missed pay'ts. Please clarify.

 

Your thread is fine in this forum - if your a/c has Barclays name on it, we'll help you kick their corporate butt.

[MagicTongue]

Well they have until the 17th of this month (am i correct?)

 

With reguard to the type of charge the £22.50 well I received this letter today dated March 29th

 

-----------------------------------------------------------------------

Dear Sir,

 

We write to advise that we have now instructed a specialised Debt Recovery Agency who will be contacting you shortly in respect of the above account.

 

We have added an administration charge of £22.50 to your outstanding balance to recover our cost for this letter.

-----------------------------------------------------------------------

[slick132]

Is this from Nolans.

 

You should write to them confirming the a/c is formally IN DISPUTE and that their action contravenes the OFT DC Guidelines. Any further harassment from them or a DCA will be reported to TS and the FOS.

[MagicTongue]

No this was a letter from Barclays Partner Finance (Clydesdale FS) the letter Nolans sent is further up the postings, to which I responded already in the same manner as previous post

Also for those who are interested NOLANS SOLICITORS is actually the step up within the collections dept for Clydesdale and a name that Barclays PF have obviously still kept for use on those accounts.

[slick132]

In which case a simple ltr to BPF to remind them that:-

 

1) They have yet to comply with your SAR and they are now in breach of the OFT Debt Collection Guidelines.

 

2) They also have no right to refer this to a DCA nor should they have charged you the fee for their letter.

 

3) The deadline to respond fully to your SAR is (date).

[MagicTongue]

Hey all again.

 

Right an update -

• 08/03/08
  S.A.R sent (with £10 cheque) to
  Barclays Parner Finance/Clydesdale Financial Services (BPF/CFS)
  
• 12/03/08
  Letter to Nolans Solicitors informing them of account dispute
  and to postpone all action on the alleged debt
  
• 24/03/08
  Letter received from BPF/CFS acknowledging my letter on
  the 12th to Nolans. Also advises me to send S.A.R with £10
  ( as done 08/03/08 )
  
• 29/03/08
  Letter received from BPF/CFS letting me know they have instructed a
  "specialist debt recovery agency" to contact me with respect to
  the outstanding debt.
  
• 10/04/08
  Letter received from the specialist recovery agency.
  (SEE BELOW!!!)

---------------------------------------------------------------------------------------

ROXBURGHE

DEBT COLLECTORS

PO BOX 342

SURREY KT14 6YX

 

 

Correspondence Address:

 

Roxburghe House

 

PO Box 342

Lavender Park Road

West Byfleet

Surrey KT14 6YX

Roxburghe Reference: XXXXXXXX

 

Your failure to respond in a satisfactory manner to all previous attempts at resolving this debt has led the above named client to pass your account to Roxburghe, a debt recovery specialist.

You are now required to pay this debt IMMEDIATELY.

 

It is a fact that a debtor should seek out his creditors and not the other way round. As a debt recovery specialist we are looking to work with you to settle this matter and would urge you to contact us so this can be achieved.

 

Please note that in the absence of payment or any valid dispute we will pursue this matter - with or without your cooperation, and therefore it is in your own best interests to get in touch with us so we can resolve this debt without recourse to further action.

Yours faithfully

Jonathan Stock

Debt Recovery Manager

Roxburghe (UK) Limited

Cheques MUST be made payable to ROXBURGHE (UK) LTD

--------------------------------------------------------------------------------------------------------------------------

 

 

So there we are,

 

 

As it stands BPF/CFS's 40 day timeline expires on the 17/04/08 so not long.

 

 

What should I do now? From what I have read they are not too good at fulfilling their side of the S.A.R requirements

 

 

Also what to do with reguard to this debt collection agency?

 

 

It seems to me that BPF/CFS find it all well and good to swiftly contact solicitors and debt collection agencies and also send out their own standard letters and charges... maybe this is why they don't have any time to respond to my request...

 

 

All input welcome as always.

 

 

 

 

 

[slick132]

Hi Magic,

 

Letter to Roxburghe, carefully adapted to reflect your case :-

 

Dear Sir/Madam, Ref No: xxxxxxxx

 

I refer to your recent letter and telephone calls.

 

As holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with BANK NAME prior to your first contact with me, and has yet to be resolved.

Since this is considered an unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint resolution procedure.

I also require you to confirm that you will now comply with the OFT guidelines, and will not attempt any further collection activity whilst the dispute is unresolved.

 

Should you fail to provide me with the required undertaking within 7 days, I shall report your breach of the OFT guidelines to Trading Standards and complain to the Financial Ombudsman Service.

 

Take notice that I will not discuss this matter on the telephone, and all further communication must be in writing. Any further telephone calls will be perceived as harassment, and dealt with accordingly.

 

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 look forward to hearing from you in writing.

 

Yours faithfully

Copy the letter to BPF/CFS as well and await reply to SAR.

[MagicTongue]

Letter to Roxburghe, carefully adapted to reflect your case :-

 

Dear Sir/Madam, Ref No: xxxxxxxx

 

I refer to your recent letter and telephone calls.

 

As holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with BANK NAME prior to your first contact with me, and has yet to be resolved.

Since this is considered an unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint resolution procedure.

 

Copy the letter to BPF/CFS as well and await reply to S.A.R - (Subject Access Request).

 

Hey Slick thanks for a swift response as always

 

Just so that you are aware I have only received the one letter from Roxburghe (as posted above) so wuld this letter still apply as I assume BPF/CFS wouldn't have informed them that this account has actually been put into dispute.

[slick132]

Not with you.

 

Bank have referred this debt to RoxB while you await response to SAR.

 

The a/c and/or debt is "In Dispute" so referring the debt to DCA for coll'n is in breach of OFT Debt Coll'n Guidelines.

 

Adapt letter as nec'y and fire it off,