Account sold after F&F settlement was completed

[Brotherjon]

Re: Account sold after F&F settlement was completed

Wonder what happened with this one ?

sorry for the delay updating this thread. At Barclaycard's request I sent them copies of the receipted paying-in slips proving that the full and final settlement payments were made on time, over the counter, in cash.

Barclaycard's reply:
"Following the copies of the payment receipts you sent us, it would seem that the incorrect payment slip was used in the bank to make a payment to a Barclaycard account. Consequently the payments did not credit your Barclaycard accounts correctly and we did not locate the funds until 33 days later.
As a result of this the payments did not reach us in time for the settlements to be accepted and unfortunately the correct action was not taken when we located the payments, causing the balances to be sold to a Debt Collection Agency".


I suspect their reason given for the delay in tracing the payments is bs. The paying-in slips provided in the bank were photocopies of a regular slip and counterfoil, but without the perforations, as they had run out of stock. They bank clerk was told the payments were destined for Barclaycard but did not offer an alternative payment slip. They explained that the payments would credit normally if the sort code, account number and remittance references provided by Barclaycard were used. The details were taken from the Payment Instructions on the reverse of Barclaycard's full and final settlement acceptance letter.

[lookingforward]

Re: Account sold after F&F settlement was completed

Wonder what happened with this one ?

[Never-In-Doubt]

Re: Account sold after F&F settlement was completed

Here is another prime example of Barclays thinking they are above and beyond the usual laws - well this actually heavily weighs on the CRA's processes but Barclays actually instigated the problem.. ---> http://forums.all-about-debt.co.uk/s...ead.php?t=6571

[Never-In-Doubt]

Re: Account sold after F&F settlement was completed

^^^ Mate that's why I live on 3 hours sleep a day if I am lucky

[kilasuit]

Re: Account sold after F&F settlement was completed

I suggest he awaits the response then emails me all letters since the f&f then I'll sort a suitable response (if the OP is interested)

Sometimes i believe you have found the ability to clone yourself teh amount you do on here for others and have time to work and deal with your own issues.


If you have fancy sharing that info as to allow me to clone myself too??

[Never-In-Doubt]

Re: Account sold after F&F settlement was completed

I suggest he awaits the response then emails me all letters since the f&f then I'll sort a suitable response (if the OP is interested)

[SXGuy]

Re: Account sold after F&F settlement was completed

Guys we know DCA's send letters all the time that refer to previous communication that never actually existed, its not hard to believe Barclays could do the same.

My fear is, that as the full and final offer didnt include the part about "You accept £XXX in full & final settlement of this account with no reference or future ability to quote or use Penny v Cole [Pinnel 1602] in trying to recoup any written off balance;"

That they could use this as an excuse should any legal threats be made?

Niddy, whats the situation with this?

[Brotherjon]

Re: Account sold after F&F settlement was completed

Excellent!
I still though do not understand this correspondence from Barclaycard. This is the sort of letter they send out when there has either been a complaint or a query on where payment has gone. If it was just a case of it taking a few weeks before payment is credited to your account then you would have had a standard 'Thank you for your payment' letter.

To state that they have 'traced' your payment, and apologised for any inconvenience caused suggests that at some point a query as to the whereabouts to the payment was made.

Apologies to keep focusing on this but I think this may be the hinge-pin on subsequent events.
SnV

Focus as much as you like, I appreciate the interest and assistance. I confirm 100% that five weeks after payment was made the "we have traced your payment" letter was received, following which there was NO communication of any kind, written, oral, or clairvoyant until the June 2012 letter saying they had sold the account in December 2011.

The hinge-pin is probably lousy administration by Barclaycard.

[SaltnVinegar]

Re: Account sold after F&F settlement was completed

Cooled down now, awaiting developments.

Excellent!

I still though do not understand this correspondence from Barclaycard. This is the sort of letter they send out when there has either been a complaint or a query on where payment has gone. If it was just a case of it taking a few weeks before payment is credited to your account then you would have had a standard 'Thank you for your payment' letter.

To state that they have 'traced' your payment, and apologised for any inconvenience caused suggests that at some point a query as to the whereabouts to the payment was made.

Apologies to keep focusing on this but I think this may be the hinge-pin on subsequent events.

Regardless - lets see what they come back with. Hopefully this will all be subjecture and they uphold your complaint.

Best
SnV

2 December 2011

Account no. xxxxxxxxxxxxxxx

Dear Mr xxxxxxxx

I am pleased to tell you that we have now traced your payment of £xxx and it has been credited to your Barclaycard account.
This will show as a credit on your next statement.

Please accept my apologies for the inconvenience you have been caused.

Yours sincerely

xxxxxxx

Barclaycard Customer Services

[Brotherjon]

Re: Account sold after F&F settlement was completed

I'll assume for now on your original post that you received the Assignment letter from Barclays saying the account was sold to MKDP on June 2012 not June 2011?
Sorry, typo

Its good that you have the initial F&F agreement letter. However the wording of the second letter is of interest as it states:

I am pleased to tell you that we have now traced your payment of £xxx and it has been credited to your Barclaycard account.

This suggests to me that you were in some dispute with Barclays as to whether a payment had actually been made. Is this correct? There is no mention of this in the timelines that you gave in the original post.
There was no dispute or correspondence between the time of the payment in October 2011 and the assigment letter in June 2012. I suspect that Barclays "lost" the payment internally for a few weeks. You can understand that happening as they are not an organisation whose main function is handling money and moving it around.
Oops, silly me, it IS their main function, so let us assume an administrative faux pas.
SnV

Cooled down now, awaiting developments.

[Never-In-Doubt]

Re: Account sold after F&F settlement was completed

you need to sit back now and let the investigation run its course and get the official response back and see what the response is. If you do anything else at this stage you could actually shoot yourself in the foot.

Exactly mate

[SaltnVinegar]

Re: Account sold after F&F settlement was completed

It is interesting, based on your depth of knowledge, that you think Barclays will try and fob me off. They screwed up regarding the payment and there is the other matter that the DCA says Barclaycard informed them of the lie that I have gone away without providing a new address. I still have two way correspondence with them at the address I have lived at unchanged for over 25 years. Should I do a SAR now?

Its that exact depth of knowledge (and experience) that we think Barclays are likely to fob you off

You would not be first (and won't be the last) person to have a letter agreeing to a F&F payment, only for that payment to be 'credited' to the account and the balance sold on to a DCA.

I'll assume for now on your original post that you received the Assignment letter from Barclays saying the account was sold to MKDP on June 2012 not June 2011?

Its good that you have the initial F&F agreement letter. However the wording of the second letter is of interest as it states:

I am pleased to tell you that we have now traced your payment of £xxx and it has been credited to your Barclaycard account.

This suggests to me that you were in some dispute with Barclays as to whether a payment had actually been made. Is this correct? There is no mention of this in the timelines that you gave in the original post.

Perhaps this is why Barclaycard then sold the account and the F&F offer was not properly dealt with if, according to their records, it had not been paid in time.

As Niddy has mentioned, you need to sit back now and let the investigation run its course and get the official response back and see what the response is. If you do anything else at this stage you could actually shoot yourself in the foot.

Best
SnV

[Brotherjon]

Re: Account sold after F&F settlement was completed

ok, thanks for the advice, feet up and chillin'

Can I make the point that the "gone away" misinformation on my credit file is a particular concern as I am aware that there are circumstances where a search may be done for purposes other than obtaining credit. e.g. on requesting a quote for home or car insurance. Surely it would influence the decision whether to complete a deal if the insurance company or broker thinks I have scarpered?

[Never-In-Doubt]

Re: Account sold after F&F settlement was completed

It is interesting, based on your depth of knowledge, that you think Barclays will try and fob me off. They screwed up regarding the payment and there is the other matter that the DCA says Barclaycard informed them of the lie that I have gone away without providing a new address. I still have two way correspondence with them at the address I have lived at unchanged for over 25 years. Should I do a SAR now?

You need to now sit back and await a reply from the bank - until then we're guessing things.

Just relax - nothing we can do until they properly investigate. I can get involved for you if they fob you off.

Keep us updated and don't do anything else, please? You're actually making things harder to resolve by being so pushy - let them reply then we'll help you sort it once and for all.

[Brotherjon]

Re: Account sold after F&F settlement was completed

Reading the above, it appears as though they may well have done a deal with you but then the payment was simply allocated to the account - the fact the follow-up letter states that it'll appear on your next statement says it all - what statement, assuming your account would be settled/closed...?
There was a DN October 2009 and a demand for full balance April 2010. I received no statements after Jan 2010.

Something isn't right, however as you have the letters and proof of payment (I presume you'll have a bank statement confirming the actual date it left your account..?) you can easily go to the FOS after Barclays try and fob you off...
A bank statement is not relevant here as it was paid in cash, handed over the Barclays Bank counter and a receipt obtained.
Keep us updated

It is interesting, based on your depth of knowledge, that you think Barclays will try and fob me off. They screwed up regarding the payment and there is the other matter that the DCA says Barclaycard informed them of the lie that I have gone away without providing a new address. I still have two way correspondence with them at the address I have lived at unchanged for over 25 years. Should I do a SAR now?