"Final warning: legal action" - Barclays

[evilcartman]

Re: "Final warning: legal action" - Barclays

Well I suspect your interpretation of "dispute" isn't what the OFT classify as genuine so yes, they can sell the collection rights which is what you want if fighting UE; surely?

The more errors the better so the more an account gets sold on helps you as things get deleted/closed/lost etc

Fair play, I was just a bit concerned about them attempting to add charges if sold, as it's not far off that CO threshold.

[Joanna Connolly]

Re: "Final warning: legal action" - Barclays

Yes they can sell your account on in the circumstances you describe.

But Niddy is right - the more it changes hands them more difficulties there usually is with paperwork

[Enforcer]

Re: "Final warning: legal action" - Barclays

After a long pause, these clowns are at it again. I've had a letter forwarded from the old address via Royal Mail redirections from an outfit called "Credit Solutions", who are threatening to send a "Power2Contact" representative on a doorstep visit. An "implied licence revoked" letter has duly been sent.

Regarding the address complaint to the FOS, they dragged their feet and have now sent back the paperwork because they say I didn't include Barclays' "final response" letter, so I'm resubmitting the paperwork for that. In the meantime, I do still have the recorded delivery receipt for my final letter to Barclays regarding the address issue and it shows up in Royal Mail's Track & Trace, including a digital copy of the recipient's signature, so I presume they don't have a leg to stand on legally if they still persist with this stupid game of sending mail to a known incorrect address?

Oh, they're also saying Barclays may sell the debt. Am I right in thinking that they can't legally sell the debt while the account is in dispute?

Really not sure on this, Barclaycard have just sold my account whilst in dispute with FOS.

[Never-In-Doubt]

Re: "Final warning: legal action" - Barclays

Well I suspect your interpretation of "dispute" isn't what the OFT classify as genuine so yes, they can sell the collection rights which is what you want if fighting UE; surely?

The more errors the better so the more an account gets sold on helps you as things get deleted/closed/lost etc

[evilcartman]

Re: "Final warning: legal action" - Barclays

After a long pause, these clowns are at it again. I've had a letter forwarded from the old address via Royal Mail redirections from an outfit called "Credit Solutions", who are threatening to send a "Power2Contact" representative on a doorstep visit. An "implied licence revoked" letter has duly been sent.

Regarding the address complaint to the FOS, they dragged their feet and have now sent back the paperwork because they say I didn't include Barclays' "final response" letter, so I'm resubmitting the paperwork for that. In the meantime, I do still have the recorded delivery receipt for my final letter to Barclays regarding the address issue and it shows up in Royal Mail's Track & Trace, including a digital copy of the recipient's signature, so I presume they don't have a leg to stand on legally if they still persist with this stupid game of sending mail to a known incorrect address?

Oh, they're also saying Barclays may sell the debt. Am I right in thinking that they can't legally sell the debt while the account is in dispute?

[evilcartman]

Re: "Final warning: legal action" - Barclays

You won't get a charging order on your home even if they do get a CCJ because your debt is under £1,000 which is the new limit set for COs

Have you signed our petition to raise this lousy limit yet?

http://epetitions.direct.gov.uk/petitions/48464

Done.

It raises some good points and deserves to be publicised more widely. In fact, wearing my journalist hat, I'll work on doing exactly that.

[PlanB]

Re: "Final warning: legal action" - Barclays

are you working on a commission ?

Just raising awareness

We need 100,000 signatures to force a House of Commons debate so I've only got to get 99,852 more

[Deepie]

Re: "Final warning: legal action" - Barclays

You won't get a charging order on your home even if they do get a CCJ because your debt is under £1,000 which is the new limit set for COs

Have you signed out petition to raise this lousy limit yet?

http://epetitions.direct.gov.uk/petitions/48464

are you working on a commission ?

[PlanB]

Re: "Final warning: legal action" - Barclays

Just had a letter forwarded to me from my old address. It's from Barclays, threatening a CCJ over an amount that is below £1,000.

You won't get a charging order on your home even if they do get a CCJ because your debt is under £1,000 which is the new limit set for COs

Have you signed our petition to raise this lousy limit yet?

http://epetitions.direct.gov.uk/petitions/48464

[Never-In-Doubt]

Re: "Final warning: legal action" - Barclays

No, this correspondence is via email. I still can't get them to recognise the new address that I've given them.

Go to FOS mate - it's a £500 fee for them.

All you'd do is say you've complied with the banks own policy - that link I gave you - so why are they refusing? Don't rabble on and go off on one. Nice short complaint regards the inconvenience and cost incurred as you have to have a redirection in place as a result of Barclays ignorance.

You're following their own policy yet they don't acknowledge your change. That's wrong and they need reminded of their obligations, the FOS should deal with it easily enough.

[GetSmart]

Re: "Final warning: legal action" - Barclays

If you have proof that you have provided them with your new address that's all you need to satisfy that side of things.

[evilcartman]

Re: "Final warning: legal action" - Barclays

If you are corresponding with them they obviously have your current address. In that case there would be no excuse for them to issue court papers at the address you no longer reside. If they write to you to your new address and send court papers to the old one, you would have a good case to ask for the judgment to be set aside, as far as service is concerned. You would still have to show you have a viable defence.

No, this correspondence is via email. I still can't get them to recognise the new address that I've given them.

[GetSmart]

Re: "Final warning: legal action" - Barclays

Well, in my case, I do own my home and so I'm very concerned about the prospect of a CCJ being issued by default to an address where I no longer reside, so that they can then obtain a Charging Order to turn an unsecured debt to a secured one, at interest. It almost makes me think they are doing this deliberately...

Anyway, Niddy, they are now claiming that they have supplied all the info I need about the overdraft in their "final response" letter (which I don't appear to have received).

What's the next move?

If you are corresponding with them they obviously have your current address. In that case there would be no excuse for them to issue court papers at the address you no longer reside. If they write to you to your new address and send court papers to the old one, you would have a good case to ask for the judgment to be set aside, as far as service is concerned. You would still have to show you have a viable defence.

[evilcartman]

Re: "Final warning: legal action" - Barclays

Well, in my case, I do own my home and so I'm very concerned about the prospect of a CCJ being issued by default to an address where I no longer reside, so that they can then obtain a Charging Order to turn an unsecured debt to a secured one, at interest. It almost makes me think they are doing this deliberately...

Anyway, Niddy, they are now claiming that they have supplied all the info I need about the overdraft in their "final response" letter (which I don't appear to have received).

What's the next move?

[GetSmart]

Re: "Final warning: legal action" - Barclays

I had a feeling it would be down to the claimant. You're not under any obligation to disclose your address to anyone (except the DVLA) even if you owe them money; seemed strange it would be down to you to update your address with them so they could get a CCJ.

You would not update your address so they can get a CCJ, all the opposite. If you do not, they could issue court papers at your previous address. If you do not have redirection in place, you would not be aware of them and the claimant would obtain default judgment, regardless of whether the debt is disputed, unenforceable or even statute barred.

You can apply to the court to have the judgment set aside on the basis you did not receive the court papers, but it would be down to the judge to decide whether your arguments or the claimants' are valid. In addition to the address issue, you will have to show the court you have a good prospect of defending the claim.

It is much easier if you receive the court papers before default judgment has been obtained, you have the chance to defend or settle depending on your case, and you may even settle for a lower amount. You could also look at the alternatives such as Tomlin orders, etc. if you do not have a solid defence. Trying to get a CCJ set aside once it has been awarded only makes matters more complicated.