Rowbo V First Beacon Legal Services

[robow1071]

Dear All I am new here but have gained the courage to come onto the board and post at last!

 

Note I have negoiated with these "people" and they have accepted a 3 cheques of £300 per calender month and wont budge on bringing amount down!

 

The next cheque is due out tomorrow.

 

Shall I take the money out of the bank or let them have it?

 

Here goes:-

 

My wife Lynda had a car on finance from CarlyleFinance(Julian Hodge Bank Ltd.) from 1998 till 13 December 2002.

 

Once this was over the car was paid for, or so they said.

 

We were horrified to find out that every letter telling us that we were late had a charge of £25.00 attached to it and one was sent to Lyndas Dad (he went guarantor!)as well.

 

So £50.00 each time.

 

We complained to head office that this was unfair that Lynda had to come out of work because she was ill and they said they'd look into it.

 

Lyndas father has had a letter from First Beacon Legal Service LTD in Cardiff saying they are going to take legal action to get the £901.78 back.

 

Lyndas Dad is panicing and I am wondering if I can get some advice here please.

The Car was paid for its just charges that are outstanding!

 

Please help .....

[payingonlyencouragesthem]

The charges are almost certainly unlawful. Stop those cheques immediately if they haven't gone through. Taking the money out might lead to you being charged another fee by your bank. Let the idiots take you to court - you defend on the grounds that they are claiming unlawful penalties. Counter claim for damages in respect of the unlawful penalties too.

[rory32]

Alternatively send a SAR to CarlyleFinance and start the process of reclaiming of the charges. Template is here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

[rowbo1071again]

Its me rowbo1071 couldn't gain access to site to respond to your replies guys but hey I'm here now!!!! This guy at First Beacon is an a*se he wants £300 tomorrow! And £300 a month later or he'll go after the guarantor. Guanrator is ****ting himself, thinking he'll be taken to court, thing is so did I till I found this site! Can he demand this amount of cash straight away? We are borrowing off the gurantor to pay this c*ck.... Thing is guarantor doesn't have the backbone for a fight. So can't I offer him a smaller payment and he'll have to accept this? HELP IN THE SH*T

[rory32]

Send First Beacon Legal Service LTD a CCA request, this places the account in dispute and they can not lawfully pursue the account until your dispute is resolved. Send it recorded delivery with a £1 crossed postal order. Do not sign the letter. Template is here http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html template N.

 

Can he demand this amount of cash straight away?

Quite simply no. Have they sent you a Notice of Assignment?

[rowbo1071again]

Dear Rory Yes I have a notice of assignment letter and a copy of the guarantee and indemnity paperwork but no other paperwork.

 

FORMAL NOTICE OF ASSIGNMENT OF ABOVE DEBT

By an agreement between Carlyle Finance (now owned by WesBank , a division of Firstrand bank Limited on the one hand and Receivable Acquisition and Management Corporation(RAMCO)of 140 Broadway 46th Floor New York NY10005 (the Assignee!) on the other hand the above debt has been legally assigned to RAMCO

 

Your indebtedness as Gurantor is now formally due to RAMCO and not to the previous creditor. We here at First Beacon Legal Services are handling it on behalf of the new creditor

 

Nice people eh?

[rory32]

Okay as per my previous post just send them the CCA request. The next letter you receive from them will probably be "We have now put your account on hold blah, blah, blah". Also send them this letter with the CCA request http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

[rowbo1071again]

Thanks for your help Rory I have just stopped the cheques and awaited the morning call from 1st Beacon. The guy is a Mr. Symes and I want to do various things of pain to him. How dare he barge into my life and demand £900. We are on benefits so I think the OFT will have something to say to him tomorrow. Trouble is the guarantor has no fight in him(paid every bill on time, you understand!) so I hope they don't go after him. Anyway I'm off to TESCO morrow to get printer cartridge and away I go!!! Feel so much better and can now afford to live after cancelling those cheques!!! Do you think the CCA will stop the barsteward? Anyway heres hoping, best regards Phil

[rory32]

If they the CCA doesn't stop them dead in their tracks the next step is to ask for a copy of their complaints procedure. If they don't deal with your complaint to your satisfaction you can then report them to the FOS who will charge them a minimum of £400 for just looking at it.

 

Best way to deal with this person phoning you is to not answer his security questions and inform him everything has to be in writing (they are not so bold in their approach when they have to write to you as this provides a record) also inform him the call is being recorded - even if it isn't.

 

The guarantor may want to get call barring on their phone so that they don't crumble.

[rowbo1071again]

I've read quite a lot of these posts on here regarding debt collectors and must say that you are all my HEROES, honest to GOD, no sh*te! I feel as though a great weight has been lifted from my mind, for God sake I feel liberated! How long do people have to put up with this vicitismation off these barstewards! Thank goodness for this site!

[rory32]

Glad you are feeling a lot better Phil. You have now made the first steps towards taking control and getting on with your life

[rowbo1071again]

Rory I'm not a small man, ex-forces, bodybuilder, 22 stone monster and when some ****-bag dictates to me that he wants £300-£300-£368 to say I was annoyed was an understatement. He wouldn't back down and kept forcing the issue which I really resented. As I've said we are on benefits(awaiting a war pension decision from the gulf in 1991!) and every penny is sarcred. Lyndas Dads okay just weak(& I will say that now shes gone to bed!). Personally I want to met this Mr. Symes and teach him some respect the barsteward!!!! Its not anger I've been told its RAGE as I've got PTSD and find the everyday hard mate. This just complicates things. Anyway I will kept you informed of any "conversations!" I have with said Mr. Symes. LOL VERY LOUDLY!!!!!!!!

[rory32]

Some light reading for you

 

Debt Help UK : Administration of Justice Act 1970 | UK debt consolidation service with free help and advice | UK debt consolidation service with free help and advice paragraph (a) is particularly relevant.

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf this is the OFT's guideance on debt collection.

[Curlyben]

Just a side to add to Rory's excellent advice.

NEVER talk to these people on the phone, they will say anything to get payment.

If you do answer the phone to them, then refuse to answer their security questions and the call must be ended at that point.

[conar686]

*Subscribing* Ex Scalie, out after 22 in '97.

 

You ain't alone you have 2 big networks on your side CAG & the Mob. I assume you've been to SSAFA & the legion for financial help - if not then do so.

 

Especially SSAFA as they have plenty of ex 'Ruperts' on their books who will help you through the 'red tape'.

 

Another good source of funds could be your Regimental Association. Apologies if I'm teaching you to suck eggs.

 

The guys who have answered on here so far are the 'some of best' and know what they are talking about so do as they tell you & you'll be fine.

 

PM me if I can help

[rowbo1071again]

Well thank you all for your help, it is appreciated but a problem has arisen...???? The guarantor has sh*ite his pants after a letter from the DCA and a nasty phonecall and has decided that he will pay the buggers himself, by-passing us!! Needless to say I am not impressed by this gutless attitude and the ability of some people to just roll-over a die is incomprehensivable to me after reading of the heroics of my fellows on this site. Anyway ..... bugger is all I can say! Shall I still go after Carlyle Finance for the fines they imposed on the account or just leave it? Got another DCA to fight though- Thames Credit:- time to start a new thread methinks??????????? Thanks to everybody for your advice I can use it for my own DCA's now!!!! Best Regards Phil & family

[Curlyben]

Go for the original creditors and get ALL the charges back.

That will certainly make his day

[rowbo1071again]

Thanks for the quick response CB. So do I approach Trading standars over the case or just go to the finacial Ombudsman first? Be nice to see First Beacon having to pay me for a change mate I can tell you!

[ScarletPimpernel]

Rowbo

 

When you complain to Trading Standards and/or FOS, you may choose to mention your PTSD. This injury, and the fact that you are on benefits, adds to the seriousness of these creatures' breaches of regulations.

 

On another note, you may find this interesting: British Army Rumour Service > > Forums > > The Cultural Corner > > Blogs > > PTSD

 

I know how hard PTSD can be to live with (I have it too), especially on bad days, but once you know what you're doing with DCAs you'll find giving them a hard time is great therapy!

 

 

Edited to add: First Beacon Legal Services is a trading name of Robertsons, solicitors in Cardiff. They are registered with the Information Commissioner, but (and I'm no expert), I'm not sure they are properly registered for debt administration. They say they do not transfer any data out of the EU, so it would be interesting to know how they keep their clients in NY informed (Ramco don't seem to have a UK/EU office).

[sillygirl1]

Surey if Ramco are American and based in the USA they should have no jurisdiction (?sp) to collect debts in the UK unless they have a UK licence... and if they are doing this from the USA they need to be reported to the local equivalent of the Trading Standards people - who are a LOT tougher than our lot. Worth an investigation.....

[rory32]

So do I approach Trading standars over the case or just go to the finacial Ombudsman first? Be nice to see First Beacon having to pay me for a change mate I can tell you!

The process for doing this is basically the same as reclaiming bank charges or credit card charges. Did you send the SAR to Carlyle Finance?

[rowbo1071again]

Well I've been contacted by First Beacon again after CCA ed them. Thing is people they have come up with the goods(CCA WISE!) after all these years they have a copy of the CCA that the wife signed. I've been through it and all the facts and figures all tally so its on to Julian Hodge bank then, for the charges! Hope I have better luck with them, best regards Phil

[Curlyben]

Row, can you scan a coy for us to have a look at to comfirm your own thoughts.

[conar686]

Well I've been contacted by First Beacon again after CCA ed them. Thing is people they have come up with the goods(CCA WISE!) after all these years they have a copy of the CCA that the wife signed. I've been through it and all the facts and figures all tally so its on to Julian Hodge bank then, for the charges! Hope I have better luck with them, best regards Phil

 

Phil can you get the CCA scanned & post it either here but definitely on

Consumer Credit Act Agreements did it arrive with Terms & conditions. Not all agreements are executable or enforceable just cause they have the right terms.

 

CHk out http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html

[rowbo1071again]

Dear CB&Conar(Mac to me!) I havent got a scanner but its come with terms and conditions. Theres a complete history of payments, apr, monthly payments the lot(going to invest in a scanner!) Looks like I'm after Julian Hodge bank for the charges though. In the words of a friend "am I bothered?!" Nah I'm not, the fight goes on.....