Morgan Stanley Barclaycard sold to Lowell

[rockwell]

Re: Morgan Stanley Barclaycard sold to Lowell

Many thanks NID, will do!

[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

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.

[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!

[PriorityOne]

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.

If you want to stay out of court, it's a good strategy to use.

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!

Just shows how persistent these little feckers can be, doesn't it? There is nothing enforceable here..... but that won't necessarily stop Carter from issuing court papers and that's a headache that most people don't need or want.

[vint1954]

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,

Have you sent this letter Rockwool?

Needs to go off quick

[rockwell]

Re: Morgan Stanley Barclaycard sold to Lowell

Thanks Vint, sent recorded delivery yesterday to Carter. Also sent another copy CPUTR letter to Fredricksons.

[rockwell]

Re: Morgan Stanley Barclaycard sold to Lowell

Letters sent 4th Feb to both Carter and Fredricksons. Carter letter signed for but Fredricksons letter "till in the system" not yet delivered. Strange as they share an address,

[The Tech Clerk]

Re: Morgan Stanley Barclaycard sold to Lowell

Letters sent 4th Feb to both Carter and Fredricksons. Carter letter signed for but Fredricksons letter "till in the system" not yet delivered. Strange as they share an address,

same company

[PlanB]

Re: Morgan Stanley Barclaycard sold to Lowell

Letters sent 4th Feb to both Carter and Fredricksons.

I'm probably being a bit dense but do you mean you sent of the CPUTR letter or a new s.78 request or both? You are allowed to do both as P1 has already suggested.

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.

I've not read through your whole thread so I'm probably not the best person to comment but s.78 requests almost always stop Bryan Carter from issuing proceedings.

[rockwell]

Re: Morgan Stanley Barclaycard sold to Lowell

I'm probably being a bit dense but do you mean you sent of the CPUTR letter or a new s.78 request or both? You are allowed to do both as P1 has already suggested.



I've not read through your whole thread so I'm probably not the best person to comment but s.78 requests almost always stop Bryan Carter from issuing proceedings.

Thanks,

Priority One's letter sent to Carter, CPUTR letter sent to Fredricksons...last year Freds sent me a copy of the "cut & paste" effort I originally received from Barclaycard. I suspect they are just playing silly buggers re signing for mail.

[ken100464]

Re: Morgan Stanley Barclaycard sold to Lowell

Complain online at the Royal Mail and help other people.

I had this with Apex who all of a sudden did not seem to be getting letters which were sent tracked. And Apex were then using this as a ruse to say we werent conversing.

Complained to Royal Mail and hey presto tracked letters started being recieved again. My suspicion is some postie wasnt doing his job and got his arse kicked.

[PriorityOne]

Re: Morgan Stanley Barclaycard sold to Lowell

Thanks,

Priority One's letter sent to Carter, CPUTR letter sent to Fredricksons...last year Freds sent me a copy of the "cut & paste" effort I originally received from Barclaycard. I suspect they are just playing silly buggers re signing for mail.

For the sake of £1 and rec. delivery postage, I'd send another CCA request to Carter as well. Not strictly necessary, I know..... but a prudent move, in my opinion.

Don't worry about Freds. Nothing much they can do without Carter anyway.

[rockwell]

Re: Morgan Stanley Barclaycard sold to Lowell

For the sake of £1 and rec. delivery postage, I'd send another CCA request to Carter as well. Not strictly necessary, I know..... but a prudent move, in my opinion.

Don't worry about Freds. Nothing much they can do without Carter anyway.

Hi P1, good idea, sent recorded today. I'm in an "attack is the best defence" mode so letters all around I think!

[rockwell]

Re: Morgan Stanley Barclaycard sold to Lowell

A non response received from Fredricksons....will revert once we receive instructions etc. Nothing from this idiot Carter, what sort of self respecting solicitor would involve themselves in the seedy end of debt collection, selling their letterhead for 50p per letter?