Morgan Stanley Barclaycard sold to Lowell

[rockwell]

Re: Morgan Stanley Barclaycard sold to Lowell

Just thought I'd outline the previous DCA's who have had this: In no particular order and a few may have been missed!

Mercers, Hamptons, Red, Credit Security, Nelson Guest Solicitors, Wescot, Moorcroft, Midas Legal, Calder Financial, Fredricksons, and Bryan Carter. I have a feeling there will be a few more to add soon!

[rockwell]

Re: Morgan Stanley Barclaycard sold to Lowell

PI, thank you very much for all your time and effort, greatly appreciated! I did not send a CCA request to Lowell as I was relying on the Barclaycard response. I'll forward a request to Carter under separate cover as you suggest. I suppose I could also send requests to Lowell and Freds just to add to a mountainous paper trail.

I'll fire off a response based on the above today and will keep you informed of events. Thank you once again for all your help.

[PriorityOne]

Re: Morgan Stanley Barclaycard sold to Lowell

Ok... I've only quickly scanned through things on here but it looks like this one's gone from pillar to post but as our Brian tends to be quite litigious, I would issue a formal complaint now. He/they will then have to address it, whether they want to or not and his should stop them from issuing court papers (if that's the intention).

I have worked on a template of my own complaint (below) for you to edit as you wish. I did get a reply from Carter at the time and was so pig sick of the "client/agent" games that were going on, that fresh CCA requests were issued to both Carter and Freds.... followed by a second formal complaint to Carter.... after which, he/they p*ssed off without issuing court papers because by that time, I suspect they all needed a lie down....

I'm not sure if you've been through as many clients and agents as I did but I suspect you have. Anyway, see what you think..... I have backtracked over your thread to check, edited and think it reads better now. I'm assuming that the client is now Lowell, that the agents are Freds.... and Freds are the clients of Carter (even though they share office space).

Have you send a CCA request to Lowell since they bought the debt..... or are you relying on the one sent to Barclaycard in the beginning? If not and you intention is to avoid court, I would suggest you fire off an additional request to Brian Carter under separate cover from this letter.



COMPLAINT

Dear Mr. Carter

Your Ref:

I do not acknowledge any debt to your company or to any clients, client's clients or client's agents who you may claim to represent.

Firstly, I am somewhat confused by the plethora of clients and agents who appear to be involved in this matter. Since you appear to share a postal address with your named client's most recent agents, I am also surprised that you seem unaware of my requests to those agents on xx/xx/xx and xx/xx/xx for confirmation under the Consumer Protection from Unfair Trading Regulations (CPUTR) 2008 of their legal right to demand payments in the absence of any enforceable paperwork to support that claim.

For the avoidance of doubt, a legal request was made to Barclaycard (by recorded delivery) under the Consumer Credit Act 1974 way back on xx/xx/xx. The only response received from Barclaycard however was a partly legible piece of junk as an attempt to comply with that request before the matter was passed from one set of agents to the next and finally sold by Lowells by Absolute Assignment.

Despite numerous attempts to resolve this matter in light of the continued and complete absence of any enforceable documentation from any clients, agents, client's clients and/or client's agents to date, I remain concerned over persistent attempts by different clients and agents over the years, including the agents you appear to share office space with (Fredrickson International), to continue pursuing payment on an unsubstantiated debt in defiance of OFT guidelines and CPUTR, 2008. I can only assume that your recent "instructions" sent via your client's new set of agents have occurred because your clients and/or your client's agents have either failed to inform you of the facts surrounding this matter or, you have chosen to ignore them.

Under the circumstances, should you now decide to accept "instructions" from your client or your client's agents in the continued absence of any enforceable documentation from anyone at all and/or fail to confirm upon request whether you, your client (Lowells) or your client's recent agents (Fredrickson International) currently hold or have ever held a properly executed Consumer Credit Agreement (Consumer Credit Act, 1974) in your/their possession under the Consumer Protection from Unfair Trading Regulations (CPUTR) 2008 then you, your clients and your client's agents will be falling foul of ss.5(2), 3(b), 6 and 7, your/their actions/activities will be added to existing complaints and your company will be reported to the Solicitors' Regulatory Authority without any further notice.

Please therefore take note that this letter serves as an additional formal request under the Consumer Protection from Unfair Trading Regulations (CPUTR) 2008 for written confirmation as to whether Brian Carter (solicitors), Lowells or Fredrickson International currently hold or have ever held a properly executed Consumer Credit Agreement in your/their possession pertaining to myself and if not, to kindly confirm so in writing. Failure to provide such confirmation, by omission or lack of response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter under CPUTR (2008), to which an appropriate complaint will also be made to the Office of Fair Trading.

Moreover, any attempts by you, your client and/or any more of your client's agents to try and secure a County Court Judgement in the absence of such confirmation will be vigorously defended on a number of grounds, along with details of other statutory breaches made by yourselves, your clients and your client's agents to date.

I trust that the content of this letter clarifies my current position and that of your company, your client and your client's agents and respectfully suggest that you now liaise with your client who can liaise with their latest set of agents (despite their residence in the same office space as yourselves) so that we can all deal with the matter in a civilised manner and hopefully, end up a little less confused by the plethora of clients and agents who have become involved with it.

Yours sincerely,

[rockwell]

Re: Morgan Stanley Barclaycard sold to Lowell

Many thanks NID, will do!

[Never-In-Doubt]

Re: Morgan Stanley Barclaycard sold to Lowell

** If they issue a claim let me know ASAP.

[Never-In-Doubt]

Re: Morgan Stanley Barclaycard sold to Lowell

Yep. Basically they're fucked

[rockwell]

Re: Morgan Stanley Barclaycard sold to Lowell

Many thanks! We do indeed, we have a botched cut & paste agreement, dodgy DN, no response from Freds to my CPUTR letter and a string of deluded crackhead DCA's who have tried their luck with this over the years.
Thank you PI, look forward to hearing from you.

[Never-In-Doubt]

Re: Morgan Stanley Barclaycard sold to Lowell

Remember we've got a bad DN here

[PriorityOne]

Re: Morgan Stanley Barclaycard sold to Lowell

Despite sending a CPUTR letter to Fredricksons I just received a letter from Bryan Carter advising I contact Fredricksons etc. failure to do so and Carter will take action within 14 days. Although it is on Carters headed paper it looks to me like a letterhead for hire sent by Freds.

I would like to deal with this ASAP, any suggestions would be most welcome. I'm reluctant to send a copy of the CPUTR letter to Carter as I feel this is more suited to dealing with idiot DCA's.

Hi Rockwell.... thanks for the message. I sent a formal complaint letter quoting CPUTR to Brian Carter a few years back and he toddled off quite nicely. I'll have a look in my files later this evening and dig it out....

That's a typical Freds. response.

[rockwell]

Re: Morgan Stanley Barclaycard sold to Lowell

Despite sending a CPUTR letter to Fredricksons I just received a letter from Bryan Carter advising I contact Fredricksons etc. failure to do so and Carter will take action within 14 days. Although it is on Carters headed paper it looks to me like a letterhead for hire sent by Freds.

I would like to deal with this ASAP, any suggestions would be most welcome. I'm reluctant to send a copy of the CPUTR letter to Carter as I feel this is more suited to dealing with idiot DCA's.

[rockwell]

Re: Morgan Stanley Barclaycard sold to Lowell

Keep that dodgy DN in a locked vault that no one else can access. It may be very useful later.

Thanks ATW, will do!

[ATW]

Re: Morgan Stanley Barclaycard sold to Lowell

Keep that dodgy DN in a locked vault that no one else can access. It may be very useful later.

[rockwell]

Re: Morgan Stanley Barclaycard sold to Lowell

I'm about to fire off a "get lost" letter to Fredricksons, may send PI's CPUTR template unless anyone thinks it is not appropriate in this case.

On reviewing old paperwork I noticed I have in addition to cut & paste junk agreement a defective default notice....the DN from Mercers (shouldn't it be from Barclaycard?) late 2009 gives me 13 days as opposed to the statutory 14 days required. Is this still a consideration should matters escalate?

Happy New Year everyone!

[rockwell]

Re: Morgan Stanley Barclaycard sold to Lowell

Well, Fredricksons have been quick off the mark with an LBA. I intend to put a stop to their antics with either PI's CPUTR letter or possibly as an immediate response a "sold while in dispute" letter. What I would really like to forward would be a one line email telling them what to do with the Christmas stuffing!

Happy Christmas everyone!

[rockwell]

Re: Morgan Stanley Barclaycard sold to Lowell

Thanks everyone, Fredricksons appear to be about the only DCA in the country who haven't had a go at this! I'll fire off something appropriate and see what happens.