Markmarcos -v- BC **WON £500 Compensation**

[markmarcos]

Got a reply yesterday. Seems like they just want to shift the blame on me, for not responding until they sent me an S.D, which is not true!

 

I phoned a Mr Moon at Connaughts before they sent the SD and told them about this being fraudulant transactions and NOT mine...but i still got an SD.

 

They NEVER asked me for any proof re fraud:mad:

They could have got that from Barclays! How do they expect me to keep 5 year old documents.

 

Connaught state they were not made aware of any fraud...what BULL SHIP:mad:

I phoned and wrote to them, and also wrote about itin my court papers!

 

They state they wrote to Barclays...and they couldn't find anything too!...so they just carried on with another set of demands:mad:

 

They also NEVER sent ant statement:mad:

 

They have written this letter bekow, 2 pages, with FINAL RESPONSE on the right corner, so i think its time to help me guys compile another telling them i'm sending a load to all the authorities i stated.

 

 

Edited April 24, 2009 by markmarcos

[exit3]

mark this requires some thought but you are giving me food for though in my own battle . can you send this though on a smaller picture difficult to read it as a whole.

 

 

Some ideas-

 

standard practice never received in my case it was done with a witness.

I think this webiste shoudl collate all the letters received ant then set up a schedule of patterns of behaviour. Then result will not be surprising but the data useful and possibly quite powerful

 

 

 

 

 

have you get notes and a diary of all request for response etc . I was always told never to throw anything away that was under seven years, but I have kept them for longer , it has always saved me money

Collecting the evidence is very important and thrown it back into their court , demand proof and a chronology that you did not respond and then you can show them that you did.

 

It does not look like a final response and they seem willing to resolve the matter further. They are now trying to be reasonable and they must appear so. but they will drag it out beyond the six months , I thought it was thirteen weeks ?

 

Pass the buck to compliance then they will deal as they see fit and so will compliance . A request for clarification fo this mumbo jumbo and ask them to seek clarification and advice from their compliance department but you would like the reply in one letter. Passing the buck is a standard technique ( analyses if pattterns of behaviour0 YOu would however like to have the name of their compliance officer.

 

and as for well as the manager that was not the manager but now I am dealing with it , as long as he talks sense who cares , they represent the company and as long as the individual is responsive and appers to want to settle . If he is however not listening and a rhinocerous might have more common sense that is another matter

 

Ask for their assigment papers. How did barclays instruct them, did they buy the debt , then they bought your contract if they did not then they were merely acting on a commission basis. So the point of acting in good faith could be valid and acting on the brief provided. Prove the can of worms but the court did that for you?

 

Write to all the bodies you must carry out what you say but give them one more chance to make an offer .

 

Exit 3

 

 

 

Exit 3

[markmarcos]

Exit...how do i make the picture smaller?

 

I hope also Slick gets back to me too, with his input to next step.

 

I am now looking through previous papers (what i have), including reading what i had written as a defence in my court papers before the hearing, back in 2006.

 

A lot of what they've written in the letter above, is cods whollop!

 

They KNEW well in advance of them sending the SD that i had told them and wrote to them about the fraudulent account.

They NEVER sent me any statements.

 

They state that they pursued in good faith...but they had NO DOCUMENTED EVIDENCE to back up or prove what they were chasing someone for, is actually true!

Infact what they are saying is, they can chase who they like, regardless at what stress/pressure/cost it has on the other party, as long as they acted in good faith!!!......WHY NOT ATLEAST HAVE SOME EVIDENCE!

[slick132]

Hi Mark,

 

Forget changing the picture size - it's done now and the next page will be easier, unless you post another Monster picture !!

 

My feeling on this is that you should leave this for now and lodge a complaint with the FOS. If you have proof that you made Connaught and/or 1st Credit aware that the a/c was in dispute because of fraud,and the SD was issued AFTER that, they are clearly lying.

 

You could take further action against 1st Creditif the FOS back up your complaint.

 

However, if you want to try for compensation from 1st Credit again:-

 

Dear sir,

I refer to your letter of xxdate.

I have evidence to show that Connaught/1st Credit were made aware of the fraudulent transactions BEFORE they issued the SD.

Before I take my case to the FOS or others, this is your final chance to compensate me as requested.

If you do not respond favourably within 14 days, formal complaints will be lodged for investigation as necessary.

Yours faithfully,

[markmarcos]

Thanks Slick for that.

I will find time this weekend to look through previous papers/docs., see

if i have any further proof.

[sillygirl1]

Ist Credit are being investigated at the moment by the OFT, contact them and let them know what is happening, mark the letter clearly with 1st Credit/Connaught Collections and hopefully they will loose their licence.

[exit3]

slicks letter is good as they are wanting to appear reasonable and you must too it all has a bearing on costs as well.

 

Exit 3

[markmarcos]

Ok...posted the FINAL chance letter to the crooks

[markmarcos]

Don't look like they are going to reply:mad:

 

Any template letters & course of action Slick?

[slick132]

Hi MM,

 

Personally, I think you've had a good result from BC but 1st Credit are not going to offer compensation easily. Now would be a good time to let this lie.

 

If you want to continue against 1st Credit, make a brief summary of events in the form of a dated schedule. Send it to the FOS saying you wish to report their behaviour and that you feel you should be compensated for the time, effort and distress they have caused by their mis-use of Statutory Demands. Mark your letter Formal Complaint.

 

There are no template letters that I know of, so draft your own letter and post here for checking. Keep it brief, focused and polite and avoid exaggeration.

 

Drop 1st Credit a letter saying, "In view of your failure to respond further to my letter of xxdate, I have now raised a formal complaint with the FOS, who will no doubt be in touch with you shortly."

 

[the_shadow]

Hi MM,

Drop 1st Credit a letter saying, "In view of your failure to respond further to my letter of xxdate, I have now raised a formal complaint with the FOS, who will no doubt be in touch with you shortly."

 

 

.......and even if you dont get anything in the form of money after the FOS have looked into... feel glad in the knowledge that they have charged 1st Credit to investigate the complaint

 

S.

[markmarcos]

Ok, thanks guys...i will draft a letter when i get some time off:)

 

I will more then be happy in the knowledge they are getting charged for the investigation.

If anything, if everyone got together and sent in a compalint...we might be able to put them out of their misery on charges alone:D

[markmarcos]

Got a letter from them yesterday....trying to justify their right to chase REGARDLESS of wrong or right, as Barclays had instructed them..and as far as their concerned, they were doing what they were being told!

Any suggestions guys?

 

Edited May 17, 2009 by markmarcos

[markmarcos]

Slick...am i writing to the FOS or the OFT?

[the_shadow]

Slick...am i writing to the FOS or the OFT?

 

FOS, you can complain to the OFT but they dont take up individual cases.

 

Slick suggested it in post #85

 

S.

[slick132]

............ and the FOS charge the company which is being complained about, to investigate the matter.

 

[markmarcos]

Ok...will get this letter together.

[markmarcos]

Any Suggestion on the letter below or ammendments would be appreciated.

Thanks

 

 

Dear Sir/Madam

REF: Connaught Collection / 1st Credit – The Omnibus Building, Lesbourne Road, Reigate, Surrey, RH2 7JP

I am writing this letter to complain against a Debt Collection Agency, namely 1st Credit.

It all began when i lost my wallet 6/7 years ago. I reported the loss to the necessary organisations. Barcalycard wrote back to me asking me to contact their fraud department, which i did. They pointed out my card had been used. They wanted to know which transactions were mine or not, then to report the matter to the police. All the steps were followed, as i communicated to the police then back to Barclaycard. They eventually stated to me that i would not be receiving another card, which i thought was unfair, and my account was closed.

Several years later, in June 2006, i was contacted by Connaught Collections on behalf of 1st Credit in relation to a debt of £4740.93. I was shocked and subsequently rang them up, speaking to a Mr Moon. He told me the debt was from Barclaycard and they are now the legal owners of that debt.

I explained to him the situation and then asked him if he had anything in writing as to the exact debt. He stated he had nothing, apart from my name and a figure owed next to it! I again told him i owed nothing as it was fraudulent transactions that took place after i lost my wallet, which was reported to Barclaycard and the police, at the Central Police Station. He threatened me with bankruptcy and that they could apply to take my house and sell it to clear the money owed. I was scared so i wrote to Mr Moon with an explanation, and asking him to investigate/check through previous records.

He was not interested and eventually i received a Statutory Demand, hand posted on 20th July. This was a deep shock to me, it bought on an instant cold sweat, which i can still remember to date. I had to seek legal advice which mainly came from the National Network of Solicitors, who told me not to ignore this demand and to set it aside at the County court.

This was successfully defended, (i have the court documents as proof), but most astonishing was the fact that nobody from Connaught even bothered to turn up! I knew i had done nothing wrong, and if they felt so strongly about this case as to issue a serious document namely a Statutory Demand, then why did they not challenge me?

I was glad this was all over and i could carry on with my life. However, in January 2009 i received further demands, this time from 1st Credit stating the same again. I could not believe it. The stress it bought on was too much to take.

I wrote to 1st Credit, but again they were not interested. After receiving a letter from them on a Friday, as the weekend passed, i received another on the Monday! I subsequently contacted Barclaycard wanting an explanation and after several communications, they eventually apologised and offered me compensation for their error. I would like to point out that i am happy that Barclaycard have sorted this matter out, but am angry that Connaught Collections initially, then 1st Credit refused to do some homework or even try to find out whether what i was stating was true or not.

I have wrote to them several times now wanting an explanation, but most of what i am getting back from them is ”legal lies”. They mentioned i did not phone them till i received the Statutory Demand, this is false. They mention, they asked me for some documented proof, this is also false, as they cannot expect me to have kept any papers/documents dating back several years, this should have been kept by Barclaycard. They mention, they sent me statements of the fraud, which they are now stating they probably sent them to Connaught!

The fact is, they have treated the Statutory Demand document with no respect at all. Once given out with an 18 day deadline, they had no evidence to even turn up in court. I find this outrageous and more so black mailing, as i nearly wanted to make an offer of a monthly payment till the so called debt was cleared. If it had not been for my family, i would not have challenged this, as i was more worried about them making me bankrupt and taking my house and possessions.

I would like this matter investigated as i feel there are so many lessons to be learnt from this case. 1st Credit talk and write with arrogance, which i feel is hard to deal or negotiate with. Certain areas/sections of the law are being used to frighten and threaten individuals into submission.

I hope the above is sufficient to take the necessary steps in answering some of my questions, which even today my family are asking too. In a country which has laws and a justice system that the world envies, how can they show disregard and work above this law? Where were the Debt Collection Guidelines for me at a time i needed them the most?

I look forward to hearing from you.

Thankyou

Mark Marcos

[slick132]

That looks good to go.

 

[markmarcos]

Ok Slick.

I will get this printed out at work....(mines not working:(), and sent.

 

Is the address below correct?

 

Financial Ombudsman Service

South Quay Plaza

183 Marshall Wall

London

E14 9SR

[the_shadow]

Ok Slick.

I will get this printed out at work....(mines not working:(), and sent.

 

Is the address below correct?

 

Financial Ombudsman Service

South Quay Plaza

183 Marshall Wall

London

E14 9SR

 

Yep

 

They'll get in touch with a ref number and ask for all evidence you have which relates to this complaint to be sent to them, so any letters you have you should get ready to make copies.

 

S.

[markmarcos]

Thanks Shadow...i'll start making copies, just in case.

[markmarcos]

Receievd a reply from FOS today:

Edited June 8, 2009 by slick132
Photo deleted for confidentiality

[the_shadow]

Your Case reference is still on that letter!!!!!!!!!!!!!!!

At the top and in the final paragraphs

S.

[slick132]

I've removed the picture of the FOS letter.

 

No need to rescan it - it just says "we'll be in touch asap but we're v busy so it may be some time."