Sigma red/Barclays

[Merlintech]

Hi all,

 

I recently started getting texts/letters from Sigma Red chasing me for the balance of a defaulted Barclays bank account.

 

The debt is roughly 5 years old.

 

I have had other debt collection agencies trying to collect money from me but their activities have stopped once I have informed them that the debt is in dispute (which it is).

 

I sent Sigma Red a letter last week explaining that the debt is in dispute and that they should return to the original creditor.

 

Today I received a letter stating that 'To enable us to revert back to the original creditor we require documentary evidence of your dispute'.

 

Do I need to sent them any documentation or should I just ignore them ?

 

Many thanks,

 

Matt

[Andyorch]

Reply and ask them to forward to you a valid Notice of Assignment/Recall Demand and Termination Notice served under section 76(1) & 98 (1) of the CCA1974..then you will consider contacting them.

 

REgards

 

Andy

[Merlintech]

Reply and ask them to forward to you a valid Notice of Assignment/Recall Demand and Termination Notice served under section 76(1) & 98 (1) of the CCA1974..then you will consider contacting them.

 

REgards

 

Andy

 

Thanks Andy,

 

What is a 'Notice of Assignment/Recall Demand and Termination Notice' ?

 

Matt

[Andyorch]

Its what Banks must serve to recall an Overdraft and terminate the agreement by law CCA1974.

 

Notice of Assignment is when the debt has been legally assigned /sold to another party allowing them to ring/write you .....Data Protection Act.

[DonkeyB]

What Andy is saying is Sigma have bought this account from Barclays, ie. they are not collecting on their behalf but for themselves – did you not receive a Notice of Assignment?

 

Bad form for Barclays to sell a disputed account.

[Merlintech]

What Andy is saying is Sigma have bought this account from Barclays, ie. they are not collecting on their behalf but for themselves – did you not receive a Notice of Assignment?

 

Bad form for Barclays to sell a disputed account.

 

Here's what happened in chronological order :-

 

I got charged for an un-authorised over draft.

 

The charges mounted up until I was no longer able to clear the debt.

 

I opened up another account with a different bank (naughty).

 

The Barclays account defaulted,and I didn't hear from them for a year or so.

 

I started getting letters from Wescot chasing the money (about £400).

 

I sent a subject access request to Barclays and worked out that if I removed all the charges they had added the difference between the money I owed them and the money I had paid in to clear the debt was £7 !

 

I wrote to Barclays told them I was disputing the debt,showed them my workings out,explained that I was in financial hardship at the time and that I was doing everything I could to clear the debt but was being crippled by the charges. I offered to pay them the £7 that I actually owed them.

 

I never heard back from them.

 

Sent a letter to Wescot telling them that the debt was in dispute and didn't hear anything from them or Barclays until now.

 

So it seems like Wescot have sold the debt on to sigma red not Barclays.

 

I'll have to check but I think the debt is 5 years old now so this seems like a last ditch attempt to get the money back.

 

Does sending the 'Notice of Assignment/Recall Demand and Termination Notice served under section 76(1) & 98 (1) of the CCA1974' letter still seem like the best thing to do ?

 

 

Thanks guys,

 

Matt

[Andyorch]

" Does sending the 'Notice of Assignment/Recall Demand and Termination Notice served under section 76(1) & 98 (1) of the CCA1974' letter still seem like the best thing to do ? "

 

Yes because it conveys to them that you have not just crept from under a stone and know your rights and are questioning their legal right to harass you.

[Merlintech]

" Does sending the 'Notice of Assignment/Recall Demand and Termination Notice served under section 76(1) & 98 (1) of the CCA1974' letter still seem like the best thing to do ? "

 

Yes because it conveys to them that you have not just crept from under a stone and know your rights and are questioning their legal right to harass you.

 

Excellent then that is what I shall do.

 

Thanks again.

[dx100uk]

when did this charges debacle happen?

 

dx

[Merlintech]

when did this charges debacle happen?

 

dx

 

Roughly five years/five and a half years ago.

[dx100uk]

shame if it was post nov 2009 you could have used bcobs.

 

the OD balance is made up of mostly charges [late/over/letteretc]

they're less likely to do court for fear of a counter claim.

 

IMHO you made the right move all those years ago.

 

dx

[Merlintech]

shame if it was post nov 2009 you could have used bcobs.

 

the OD balance is made up of mostly charges [late/over/letteretc]

they're less likely to do court for fear of a counter claim.

 

IMHO you made the right move all those years ago.

 

dx

 

I'll check the dates in the morning,they will be on the letter I sent Barclays.

[Andyorch]

I wouldnt bother..look its approaching SB hence the recent activity....if you wish to reply to them and im not suggesting you need to or even if they ring simply request what I have stated....that should be the last you hear from them.

[Merlintech]

Well they are a persistent bunch ! Today I received this,

 

'We acknowledge your request for a true copy of your agreement which your are entitled to receive under section 77/78 of the consumer credit act 1974

 

,however as the above balance relates to a current account previously held with Barclays Bank PLC.

;there will be no signed agreement,therefore we have requested a copy of your statements of account,

which will provide sufficient proof that the above balance remains outstanding,upon our receipt these shall be forwarded onto you'

 

What should I do now ?

[DonkeyB]

Did you ask for a copy of the agreement in CCA request style, s78? That’s not what Andy suggested, of course.

 

If you sent exactly what Andy suggested, then they are simply obfuscating. Ask them again.

[Merlintech]

I did this,

 

'Reply and ask them to forward to you a valid Notice of Assignment/Recall Demand and Termination Notice served under section 76(1) & 98 (1) of the CCA1974..then you will consider contacting them.

 

REgards

 

Andy'

[Merlintech]

Oh yeh ! What they have said I asked for in their reply isnt actually what I requested they send me !

[Andyorch]

[DonkeyB]

As we expected. They have answered a request you didn’t make. Resend, and don’t be frightened to use words of one syllable.

[Andyorch]

They have probably not got to the page yet that covers Notice of Assignment/Recall Demand and Termination Notice served under section 76(1) & 98 (1) of the CCA1974. in their litigation for dummies book:lol:

[Merlintech]

Slipped the word 'obfuscate' in there because its a great word and I only learned its meaning today.

 

Dear Sigma Red,

 

Thank you for your letter dated 15/10/2013.

 

Unfortunately it appears that you have misunderstood the letter which I sent to you dated 3/10/2013.

 

In this letter I requested that you send me a valid notice of assignment/recall demand and termination notice served under section 76(1) and 98(1) of the CCA1974. I did not request as you incorrectly stated in your most recent letter ‘A true copy of your agreement which you are entitled to receive under section 77/78 of the consumer credit act 1974’.

 

 

I am assuming that this was an honest mistake,not a purposeful attempt to obfuscate the situation and that you will now send me the documents that I have requested.

 

Yours Faithfully

[Merlintech]

Got a (very badly written) reply from Sigma Red this morning -

 

'We are sorry we misunderstood the content of your letter dated 3rd October 2013.

 

In regards to your request we can confirm that the notice of assignment dated 2nd August 2013 we sent out on the same date to your home address and we hope you are in receipt of this.

 

We have also requested a Statement of Account from the original creditor,once this is received we will forward it on to you.'

 

From what I can work out what they are trying trying to say is that they have already sent me a notice of assignment ?! I hav'nt received one.

 

What should I do next ?

 

The account is still in dispute and I am still waiting for a reply to the letter I sent Barclays about three years ago.

 

Thanks again for all the advice.

[slick132]

I'd await the statement of a/c and see if they also produce a copy of the Notice of Assignment and the Termination Notice.

 

If not, reply saying these are still required.

 

[Merlintech]

Recived a letter from SR today saying -

 

"Further to our recent telephone conversation. Please find enclosed a copy of your statement of account relating to the above account as requested"

 

I have never spoken to them on the phone which is odd !

 

With the letter came some copies of bank statements.

 

I am assuming that none of this is the notice of assignment or termination notice ?

 

Should I write back asking them to provide these documents ?

 

Thanks once again for all the help.

[slick132]

Hi Merlin,

 

I would write to them again quoting Andy's detail in post #2 saying summat like:-

 

When you first contacted me, I made a clear and simple request.

 

I asked you to send me a valid Notice of Assignment/Recall Demand and Termination Notice served under section 76(1) & 98 (1) of the CCA1974.

 

So far you have replied three times but failed to provide me with the documents that should have been provided by the bank in the past.

 

If you are unable or unwilling to provide the necessary documents, please confirm this in writing.