1st Credit

[frustrateduk]

Hi

i have been following the usual procedure with 1st Credit who so far have come up with nothing. so now they send me a letter saying Barclaycard have sent me a copy of the cca and so please send them a completed income/expenditure form with offer of payment.

 

well now i have had nothing from Barclaycard whatsoever!

I know they have no right to income/expenditure information.

 

but i am wondering if in the process of taking on an alleged debt they take on the paperwork, inlcuding copies or the original CCA? should they not have the paperwork themselves or are they just trying to fob me off?

[cerberusalert]

should they not have the paperwork themselves or are they just trying to fob me off?

They request the documents from the original creditor. Send the 'in dispute' letter.

 

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

[frustrateduk]

following on from my previous 1st Credit post...

 

i sent a dispute letter plus a letter explaining i had receieved no letter from barclaycard (i honestly have not!) and that until i had everything i requested i would not be paying any money nor sending a completed income/expenditure letter.

 

well today i had one saying

'informed by barclaycard that they provided a true copy of my credit agreement to you on 30 december 2010 and our obligations pursuant to your s78 consumer credit act 1974 request have therefore been discharged...we recognise no valid dispute in this matter...we await receipt of your payment propasal...no more than 14 days'

 

where do i go now? i have had no letter from barclaycard-i open all post delivered with my name on and if i had this from barclaycard i would not be arguing in this way but making payments.

i just dont trust these people-how do i not know they are just feeding me a line?

[Bazooka Boo]

So did you issue sharklays with a CCA request?

If so, did they cash your postal order or £1 payment?

 

Heres your original post: http://www.consumeractiongroup.co.uk/forum/showthread.php?292900-1st-Credit&p=3283698&highlight=#post3283698

 

Send the letter cerbs linked.

[frustrateduk]

i sent a CAA request to 1st Credit on 31th Nov 2010-to be honest i had no idea it was possible to check if postal orders have been cashed:???:

 

then i had a letter back dated 23/11 saying it had been passed to appropriate dept

 

then 09/12 a letter saying 'a copy of the agreement has been requested from barclaycard and will be forwarded to you as soon as it is received' then in next paragraph 'as required...please find below statement of account...state of account/amount, if any currently payable/amounts and due dates of any payments'

 

then 28/01 the letter i mentioned in my last post and finally todays letter.

[t_ony]

1st Crud have no legal powers to any money off you - report them to the OFT if they refuse to go away.

[frustrateduk]

so shall i send a letter reiterating i have not had any contact from barclaycard and suggest they send another via 1st credit?

[Bazooka Boo]

Is this the same debt in your other post? If so send them the letter cerbs linked in that one, if not and this is another account they are chasing, go through the same process you did for the first account.

[frustrateduk]

BB it is the same debt-sorry what do you mean by 'letter cerbs'?

[Bazooka Boo]

Click on the black triangle and ask the site team to merge both of your threads together, as you have already been given advice on your first post I linked above, and it will get even more confusing than it already is..

[frustrateduk]

BB thanks for that-i have just asked for it to be merged.

 

more confusing?

[saintly_1]

2 threads merged

[Bazooka Boo]

OK that's much easier now, thank you saintly.

Send them the letter that Cerbs linked in the second post above.

 

There is a number you can ring in order to find out when your PO was cashed, although I don't have that??

[frustrateduk]

hello all

 

well i sent the second in dispute saying again i had not had anything from Barclaycard.

 

today in the post was a letter from 1st Credit...

 

'disappointed you have not received a copy of the agreement directly from B-requested they send us a copy which will be forwarded as soon as it is received'

 

...

 

'I would point out that we are not obliged to provide a signed copy of the agreement.

Where a creditior receives a request to supply a copy of the executed agreement, the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 apply. Regulation 3(1) sets out that 'every copy of an executed agreement...shall be a true copy'.

 

Regulation 3(2) goes on to state that there may be various information omitted from this true copy. Details which are not required to be in the agreement by law include the signature box, signature and date of signiture. Therefore the effect of Regulation 3(2) is that the creditor is only obliged to send out a generic copy of the agreement the debtor has signed up to.

 

We are aware that whist the copy agreement has not been received by that the account remains in default, however, you have not substantiated your claim that the aco**** is in dispute. I note that you have made payments totally £18 towards the debt'

 

 

if they dont have to provide any form of signature surely they can send out any old rubbish to people saying this is you?!

i did pay some installments before i realised that they cannot just ask for money without some form of proof.

 

what do i do now?

Edited March 5, 2011 by frustrateduk
misspelling

[PGH7447]

wait

[Bazooka Boo]

That reply sounds very much like they are running scared already!

[frustrateduk]

well a letter came from barclaycard today with a letter (mor eont hat in a mo) and a piece of typed paper with my name and a 'your right to cancel' bit another being a copy of 'barclaycard conditions of use' and what i guess is what they call a copy of my 'original executed agreement' which looks like a longer version of the conditions of use except at the top it has ' these are terms and conditions....agreement between us....and you...'

 

thats it nothing with any handwritten items.

 

the letter is too long to copy here but the gist is

 

'with ref to Civil Procedure Rules (the CPR) we have provided you with sufficient info to allow you to understand our position'

 

'i am fully satisfied that the sum outstanding by you remains legally due...you should continue to pay....if you do not we may register a default against you with credit reference agencies'

 

so as i have now heard from them shall i contact them with payment offer~rather them than the 1st credit twits?

 

they wont be happy if they think i can pay a nice sum each month~i have three chronic long term conditions and cannot work, my partner is my carer and all i will offer is £2 a month via standing order.

[Bazooka Boo]

In a rush so quickly browsing, but if you offer them anything, it should be £1 a month, stuff em, what they going to do. NOWT!!

[frustrateduk]

hi folks

 

well now, having gone through all the process's and finally hearing from Barclaycard re my debt i offered a payment direct to Barclaycard, then had a letter from 1st Credit saying as they were the holders of debt pay them blah blah and enclose a financial statement.

 

i checked back on some old threads here and wrote back with my offer again and stating that they had no right to my personal details.

 

well today i had this back from them...

 

'...as you are unwilling to provide us with a financial statement please be informed that any payment receieved will not form part of an agreed payment arrangement on your account, however, we will expect payments on 30th of each month commencing on 30th june 2011...

 

...our records indictae that you have health problems, but as you have stated in your letter you will not provide us with 'any personal details' and consequently your account will be transferred back to our Collections Department for normal collections activity and will not be dealt with by our Sensitive Case Team'

 

can someone please explain what they mean by my payments not being part of an agreed payment arangement, surely they do not mean it will not be counted towards paying off my debt?

 

i refuse to give into these bullies and give them what they want when they have no right to it and as far as i can see they have my Barclaycard details, name and address and they do not need any more.

 

any ideas on how to respond to this?

 

thanks all

[ims21]

Hi there

 

Typical dca stuff.

 

Do they own the debt? Did you get a Notice of Assignment?

 

The payments will go to your account...all they are saying is that no formal agreed arrangement is in place. That doesn't matter.

 

If they own the debt pay them, if they don't own the debt pay Bcard.

 

ims

[PGH7447]

what is the debt? and have you verified that they have a right to collect, just because they claim to have the right does not make it so, and you are correct in not giving these cretins any personal info, they have no right to it

[frustrateduk]

ims21 i am not aware of having a notice of assignment, i will have to look through my paperwork to see. what kind of information would it contain?

 

pgh7447, it was a credit card with barclaycard and i have had a letter from barclaycard which verifies it

[ims21]

Hi there

 

Notice of Assignment is usually a couple of letters, one from the OC saying "goodbye, we have sold your debt to X" and the other from X saying "Hello, we have bought your debt from the OC"

 

ims

[Bazooka Boo]

'...as you are unwilling to provide us with a financial statement please be informed that any payment receieved will not form part of an agreed payment arrangement on your account, however, we will expect payments on 30th of each month commencing on 30th june 2011...

 

...our records indictae that you have health problems, but as you have stated in your letter you will not provide us with 'any personal details' and consequently your account will be transferred back to our Collections Department for normal collections activity and will not be dealt with by our Sensitive Case Team'

 

Are they really that pathetic??

 

I cannot believe they have even committed that rubbish to paper!

 

What a total bunch of mugs, "sensitive case team"??? Do you really think I came down in the last shower??

 

I would NOT have anymore to do with them at all. copy that letter and send it to the OFT & TS, so they know you have health problems, but because they are not legally allowed to view such documents stating your illness, they choose to ignore the fact all together? Ridiculous, you just can't make that up!

 

Get back in touch with sharklaycard and inform them that this shower who they have employed to collect, will end up with them, BC, being dragged into a very costly and publicly embarrassing media war.

 

I am so incensed by their stupidity, I want to ring them up and give them a right royal rollicking....

 

OFT&TS via http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195948

[PGH7447]

so you have had a letter, have you asked for a copy of the agreement