DaveyBoys UE enquiry

[DaveyBoy]

Re: DaveyBoys UE enquiry

Cheers all. They haven't replied to my threat o gram before action letter yet so I will wait to see what that says. Going back to the start of this story I never sent a missing prescribed terms letter to Barclaycard nor did I send the account sold in dispute letter to Credit Solutions. The threat o gram before action does tell them the account is in dispute though. Is not sending these going to be detrimental to me long term and if so can I correct it now?
Thanks

[ken100464]

Re: DaveyBoys UE enquiry

It then carries on with the usual rubbish about it simply being another option available to assist me,
Any suggestions?

Replace assist wih hassle and I think they are are about correct. They just need a better choice of words there.

[MrsD]

Re: DaveyBoys UE enquiry

davey

just don't answer the door, or answer it and shut it in whichever unfortunate's face is there

but I would be amazed if anyone turned up, I would just ignore for now and see what the send next

[ScabHunter]

Re: DaveyBoys UE enquiry

Letter recieved today from Credit Solutions in reply to my harassment follow up letter (modified at the start as I haven't had a visit). They can confirm that they stand by their previous response and are unable to guarantee that a doorstep visit will not take place. It then carries on with the usual rubbish about it simply being another option available to assist me, quotes subsection 2.12 of the Office of Fair Tradings guidlines about adequate notice being given and that an order to refuse access can only come from a court and not an individual. They have again enclosed the company's complaints proceedure and a Financial Ombundsmen Service leaflet for my reference.

Any suggestions?

What an utterly odious sewer of pond scum these cretins are. They seem absolutely determined to get this case referred to the Fobbing Off Service, which will leave them £500 lighter.

I don't know which version of the OFT Guidance these oxygen wasters are using, but in the current version there is no subsection 2.12, and even if there was it would not have any relevance to doorstep harassment as that is covered in 3.12 and 3.13. Does anybody have a copy of any older versions so we can see if they are just using an outdated bog standard template?

As far as the OFT Guidance goes, the following are quoted as unfair practices -

ignoring or disregarding debtors' reasonable requests in respect of when, where and how to contact them

visiting or 'threatening' to visit a debtor, without his prior agreement, when the debt is deadlocked or reasonably queried or disputed

The Office of Faffing and Twaddling's impotent guidance does not supercede the law in any case. The drivel you have been sent is simply wrong, but they lie with impunity in an attempt to wear people down.

The templates are now exhausted, so this needs a personal letter to someone in supposed authority followed by an escalation of the case to the relevant regulators. If you can get the Fobbing Off Service to look at the case, their harassment will turn into a £500 own goal.

SH

[DaveyBoy]

Re: DaveyBoys UE enquiry

Egg

Credit Card
Commenced March 2006
Balance outstanding £3,000
Last Full Payment Oct 2006 i think
Been on DMP since Jan 2007
Default Jan 2007
Owner Now Barclaycard

Feb 2012 - CCA Request Sent
12+2 days passes then
Feb 2012 - Letter from Barclaycard 'we acknowledge receipt of your request, we are dealing with and will respond as soon as possible'
Mar 2012 - Stopped paying DMP
Apr 2012 - CCA Recieved
Emailed Niddy
Apr 2012 - Niddy says 'All this is is a recon, holds no substance and is all the way'
Sept 2012 - Letter recieved today from Barclaycard
Formal Demand for Payment
As you have not responded to the Default Notice you were sent by Mercers Debt Collections Ltd, payment of the outstanding amount shown is now due in full. Please note we will no longer send monthly statements to you (Never had a statement of Barclaycard yet).
Credit Reference Agencies
This formal demand is a legal doc. We are notifying you of our intention to file a default at the credit reference agencies (That happened 5 years ago!). We always let credit agencies know when a customer has failed to meet the terms of the Formal Demand for payment and the payment has not been made. This may affect your ability to get credit from other lenders.
If you do not make a payment or reach agreement with us by 9th Sept we may pass your account to a specialist collection company in your area and a local representative may call at your address to arrange repayment of this debt. We may transfer money that you have in barclays current savings or other accounts to reduce or pay off the amount owed. Your t&c clearly state we can do this if we need to.
To stop further action you must call asap.........IGNORED
Sept 2012 - Letter recieved from Barclaycard stating account been passed to Credit Solutions Ltd to manage collection of the balance outstanding on your account. Please as a matter of urgency contact CSL who will discuss with you proposals for repayment of the balance outstanding on your account.........IGNORED
Oct 2012 - Letter recieved from power2contact. We have been instructed by our client to VISIT YOUR ADDRESS TO COLLECT THE ABOVE DEBT. You have made this action necessary as you have ignored all their requests to contact them and you have failed to pay your account. Should you wish to avoid this action, you must contact our instructing agent (CSL) WITHIN 72 HOURS of receipt of this notice........Replied with threat of doorstep visit template
Oct 2012 - Letter recieved from Credit Solutions Limited in response to my doorstep visit. Says 'Internal investigation has taken place into this matter' goes on to say 'As per request contact number has been removed and all future correspondence will be via writing'. Also states 'Doorstep visits are simply another option available to assist customers in paying debts' and 'OFT guidelines state doorstep visits must give adequate notice of time and date of visit' and 'The Armstrong v Sheppard (1959) case you quoted is dependant on individual circumstance and only such order to refuse access can come from a Court and not from the individual'........FILED
Oct 2012 - Letter recieved from Credit Solutions - Opportunity to save £££'s, Despite numerous attempts to contact you balance remains unpaid and following discussions with our client we are now able to offer a reduced sum using a tailored instalment programme. The issue will not just go away so telephone our "Deal Maker" team. The offer is only available for 14 days and failure to contact us will result in your account being recommended for further action which could result in a visit by one of our doorstep collectors......IGNORED
Oct 2012 - Another letter recieved from Credit Solutions NOTICE OF LEGAL PROCEEDINGS
The above debt remains outstanding. Failure to pay this debt or contact us within 7 days may result in legal proceedings being issued against you, which could result in one or more of the following:-
A COUNTY COURT JUDGEMENT, YOUR POSSESIONS BEING SEIZED, ATTACHMENT OF EARNINGS, YOU PAYING COURT COSTS. Contact us now to avoid this action..............REPLIED WITH THREAT-O-GRAM BEFORE ACTION
Nov 2012 - Letter from Power2Contact - FORMAL NOTICE OF INTENDED VISIT, We have been instructed to visit you to make a Financial Evaluation prior to any potential Legal Proceedings being taken against you................REPLIED WITH Harassment Follow-Up & Threat of Injunctive Relief

Letter recieved today from Credit Solutions in reply to my harassment follow up letter (modified at the start as I haven't had a visit). They can confirm that they stand by their previous response and are unable to guarantee that a doorstep visit will not take place. It then carries on with the usual rubbish about it simply being another option available to assist me, quotes subsection 2.12 of the Office of Fair Tradings guidlines about adequate notice being given and that an order to refuse access can only come from a court and not an individual. They have again enclosed the company's complaints proceedure and a Financial Ombundsmen Service leaflet for my reference.

Any suggestions?

[ScabHunter]

Re: DaveyBoys UE enquiry

I would! If they have something to say they should put it in writing!

I think the literate employee is on holiday for the week.

If they are playing these silly games, it could be a good sign. Just sit tight and wait.

SH

[DaveyBoy]

Re: DaveyBoys UE enquiry

Barclays

Overdraft
Commenced Late 1990's
Balance outstanding £1,200
Last Transaction Oct 2006 i think
Been on DMP since Jan 2007
Default Feb 2007
Owner Barclays CDCS

Mar 2012 - Stopped paying DMP
June 2012 - Letter recieved off Barclays CDCS - We can confirm we are in reciept of an offer of payment of ........ from your appointed representative. An arrangement has been set for the repayment of the remaining balance of ........... . Under this arrangement you should make monthly payment with effect from July 2012 until the outsanding balance is repaid or the agreement is changed. You can make additional payments but must continue to make the agreed monthly payment. Please note accepting your offer is a concession on our part, does not change our legal right to enforce this debt and is not a new or change to the existing contract. The arrangemnt is reviewed every 12 months but we reserve the right to review at any time when we may decide to end or renegotiate it. Details of this arrangement with be registered with licensed CRA's. This may impact your credit rating although it will demonstrate that you do intend to meet your obligations over time, increased payments will reduce the balance more quickly, early completion may improve your credit rating. Failure to make agreed payments can result in the arrangement failing and the remaining balance being sold to a DCA or in legal proceedings being taken..........IGNORED
Aug 2012 - Letter recieved off Barclays CDCS - Our records tell us there is an arrangement in place for the above account to recieve repayment of no less than £x per month. Our records show no payment recieved since March. In order for this arrangement to continue, any outstanding payments must be madae asap. Any further missed payments will lead to this arrangement being made invalid and the account returned to active recoveries. This can have a significant effect on your credit rating. If you have made payments to your debt advice agency you should contact them asap to discuss this position........IGNORED
Sept 2012 - Letter recieved off CDCS. FINAL NOTICE, unless full settlement is made immediately your account will be placed in the hands of a professional debt collection agency for collection of the full outstanding balance. If you cant pay full balance immediately phone to discuss position. DO NOT IGNORE THIS LETTER ACT NOW........IGNORED
OCT 2012 - Letter recieved off Barclays Consumer Finance Collection and Recoveries - You have failed to comply with repayment requests of CDCS who were acting on our behalf. If you do not contact us within 7 days you account will be transferred to a DCA for recovery. This can only be avoided by contacting us and arranging a suitable repayment programme. THIS IS A SERIOUS MATTER THAT YOU MUST NOT IGNORE.........IGNORED
NOV 2012 - Letter recieved today from Barclays. Your Barclays Bank Account has now been transferred to The Lewis Group. You should contact the LG as a matter of urgency. We will no longer accept any communication from you. You must now make a full payment of the outstanding balance to LG quoting the refs above............WILL WAIT UNTIL LEWIS GROUP WRITE
NOV 2012 - FINAL DEMAND IMPORTANT issued by Lewis Debt Recovery. This notice has been issued on behalf of Barclays Bank PLC. We have been instructed by our client to collect the outstanding balance on their behalf because you have failed to make payment to them as required. Please act now to avoid further action. To stop further action you must pay the debt in full to Lewis Debt Recovery or contact your account manager to discuss the options available to you. Payment is due no later than 22nd Nov.
1. We will consider taking further action if you do not pay this debt by the date specified
2. A debt collector may be instructed to visit your home to discuss your financial circumstanes and reach acceptable arrangements for the payment of this debt.
NOV 2012 - Overdraft CCA Sent to Lewis Group

.
Yellow card recieved from Lewis Group asking me to call them. Shall ignore this and await their reply to my Overdraft CCA request.

[DaveyBoy]

Re: DaveyBoys UE enquiry

Cheers SH. That looks good to me so will make the alterations and send it off.

[ScabHunter]

Re: DaveyBoys UE enquiry

I'd suggest this -

Our Templates | Harassment & Intimidation Templates | Harassment Follow-Up & Threat of Injunctive Relief

or at least a modified version of it. If they haven't actually polluted your doorstep yet, you'll need to change the first line.

SH

[DaveyBoy]

Re: DaveyBoys UE enquiry

Egg

Credit Card
Commenced March 2006
Balance outstanding £3,000
Last Full Payment Oct 2006 i think
Been on DMP since Jan 2007
Default Jan 2007
Owner Now Barclaycard

Feb 2012 - CCA Request Sent
12+2 days passes then
Feb 2012 - Letter from Barclaycard 'we acknowledge receipt of your request, we are dealing with and will respond as soon as possible'
Mar 2012 - Stopped paying DMP
Apr 2012 - CCA Recieved
Emailed Niddy
Apr 2012 - Niddy says 'All this is is a recon, holds no substance and is all the way'
Sept 2012 - Letter recieved today from Barclaycard
Formal Demand for Payment
As you have not responded to the Default Notice you were sent by Mercers Debt Collections Ltd, payment of the outstanding amount shown is now due in full. Please note we will no longer send monthly statements to you (Never had a statement of Barclaycard yet).
Credit Reference Agencies
This formal demand is a legal doc. We are notifying you of our intention to file a default at the credit reference agencies (That happened 5 years ago!). We always let credit agencies know when a customer has failed to meet the terms of the Formal Demand for payment and the payment has not been made. This may affect your ability to get credit from other lenders.
If you do not make a payment or reach agreement with us by 9th Sept we may pass your account to a specialist collection company in your area and a local representative may call at your address to arrange repayment of this debt. We may transfer money that you have in barclays current savings or other accounts to reduce or pay off the amount owed. Your t&c clearly state we can do this if we need to.
To stop further action you must call asap.........IGNORED
Sept 2012 - Letter recieved from Barclaycard stating account been passed to Credit Solutions Ltd to manage collection of the balance outstanding on your account. Please as a matter of urgency contact CSL who will discuss with you proposals for repayment of the balance outstanding on your account.........IGNORED
Oct 2012 - Letter recieved from power2contact. We have been instructed by our client to VISIT YOUR ADDRESS TO COLLECT THE ABOVE DEBT. You have made this action necessary as you have ignored all their requests to contact them and you have failed to pay your account. Should you wish to avoid this action, you must contact our instructing agent (CSL) WITHIN 72 HOURS of receipt of this notice........Replied with threat of doorstep visit template
Oct 2012 - Letter recieved from Credit Solutions Limited in response to my doorstep visit. Says 'Internal investigation has taken place into this matter' goes on to say 'As per request contact number has been removed and all future correspondence will be via writing'. Also states 'Doorstep visits are simply another option available to assist customers in paying debts' and 'OFT guidelines state doorstep visits must give adequate notice of time and date of visit' and 'The Armstrong v Sheppard (1959) case you quoted is dependant on individual circumstance and only such order to refuse access can come from a Court and not from the individual'........FILED
Oct 2012 - Letter recieved from Credit Solutions - Opportunity to save £££'s, Despite numerous attempts to contact you balance remains unpaid and following discussions with our client we are now able to offer a reduced sum using a tailored instalment programme. The issue will not just go away so telephone our "Deal Maker" team. The offer is only available for 14 days and failure to contact us will result in your account being recommended for further action which could result in a visit by one of our doorstep collectors......IGNORED
Oct 2012 - Another letter recieved from Credit Solutions NOTICE OF LEGAL PROCEEDINGS
The above debt remains outstanding. Failure to pay this debt or contact us within 7 days may result in legal proceedings being issued against you, which could result in one or more of the following:-
A COUNTY COURT JUDGEMENT, YOUR POSSESIONS BEING SEIZED, ATTACHMENT OF EARNINGS, YOU PAYING COURT COSTS. Contact us now to avoid this action..............REPLIED WITH THREAT-O-GRAM BEFORE ACTION

Letter today recieved from power2contact. FORMAL NOTICE OF INTENDED VISIT. Credit solutions ltd records indicate that since our previous letter you have failed to make a suitable arrangement to repay your outstanding debt. I write to inform you that we have been instructed to visit you at the address above in an attempt to make a financial evaluation prior to any potential legal proceedings being taken against you. To avoid the above action telephone today.
These clowns have already had the doorstep and threat o gram letters sent so what now? Cheers all

[DaveyBoy]

Re: DaveyBoys UE enquiry

Have you read this---> Overdrafts - CCA Information

Cheers I2D read all that but being somewhat stupid I am still confused I'll try the CCA route and if they get heavy I will look to F&F before things go further.
Thanks

[Deepie]

Re: DaveyBoys UE enquiry

So Lewis Group finally write to me after nearly 2 weeks of waiting and endless phone and text messages. A nice red letter stating..........FINAL DEMAND IMPORTANT issued by Lewis Debt Recovery. This notice has been issued on behalf of Barclays Bank PLC. We have been instructed by our client to collect the outstanding balance on their behalf because you have failed to make payment to them as required. Please act now to avoid further action. To stop further action you must pay the debt in full to Lewis Debt Recovery or contact your account manager to discuss the options available to you. Payment is due no later than 22nd Nov.
1. We will consider taking further action if you do not pay this debt by the date specified
2. A debt collector may be instructed to visit your home to discuss your financial circumstanes and reach acceptable arrangements for the payment of this debt.

So what to reply with being an overdraft? Cheers as always

Have you read this---> Overdrafts - CCA Information

[DaveyBoy]

Re: DaveyBoys UE enquiry

To add to the above post I'd be able to F&F this and although I haven't CCA'd the account or SAR'd it I know that that over the years I used this account i incurred numerous exceeding overdraft limit and returned direct debit charges so is this something I could use in my favour?
Cheers

[DaveyBoy]

Re: DaveyBoys UE enquiry

Barclays

Overdraft
Commenced Late 1990's
Balance outstanding £1,200
Last Transaction Oct 2006 i think
Been on DMP since Jan 2007
Default Feb 2007
Owner Barclays CDCS

Mar 2012 - Stopped paying DMP
June 2012 - Letter recieved off Barclays CDCS - We can confirm we are in reciept of an offer of payment of ........ from your appointed representative. An arrangement has been set for the repayment of the remaining balance of ........... . Under this arrangement you should make monthly payment with effect from July 2012 until the outsanding balance is repaid or the agreement is changed. You can make additional payments but must continue to make the agreed monthly payment. Please note accepting your offer is a concession on our part, does not change our legal right to enforce this debt and is not a new or change to the existing contract. The arrangemnt is reviewed every 12 months but we reserve the right to review at any time when we may decide to end or renegotiate it. Details of this arrangement with be registered with licensed CRA's. This may impact your credit rating although it will demonstrate that you do intend to meet your obligations over time, increased payments will reduce the balance more quickly, early completion may improve your credit rating. Failure to make agreed payments can result in the arrangement failing and the remaining balance being sold to a DCA or in legal proceedings being taken..........IGNORED
Aug 2012 - Letter recieved off Barclays CDCS - Our records tell us there is an arrangement in place for the above account to recieve repayment of no less than £x per month. Our records show no payment recieved since March. In order for this arrangement to continue, any outstanding payments must be madae asap. Any further missed payments will lead to this arrangement being made invalid and the account returned to active recoveries. This can have a significant effect on your credit rating. If you have made payments to your debt advice agency you should contact them asap to discuss this position........IGNORED
Sept 2012 - Letter recieved off CDCS. FINAL NOTICE, unless full settlement is made immediately your account will be placed in the hands of a professional debt collection agency for collection of the full outstanding balance. If you cant pay full balance immediately phone to discuss position. DO NOT IGNORE THIS LETTER ACT NOW........IGNORED
OCT 2012 - Letter recieved off Barclays Consumer Finance Collection and Recoveries - You have failed to comply with repayment requests of CDCS who were acting on our behalf. If you do not contact us within 7 days you account will be transferred to a DCA for recovery. This can only be avoided by contacting us and arranging a suitable repayment programme. THIS IS A SERIOUS MATTER THAT YOU MUST NOT IGNORE.........IGNORED
NOV 2012 - Letter recieved today from Barclays. Your Barclays Bank Account has now been transferred to The Lewis Group. You should contact the LG as a matter of urgency. We will no longer accept any communication from you. You must now make a full payment of the outstanding balance to LG quoting the refs above............WILL WAIT UNTIL LEWIS GROUP WRITE

So Lewis Group finally write to me after nearly 2 weeks of waiting and endless phone and text messages. A nice red letter stating..........FINAL DEMAND IMPORTANT issued by Lewis Debt Recovery. This notice has been issued on behalf of Barclays Bank PLC. We have been instructed by our client to collect the outstanding balance on their behalf because you have failed to make payment to them as required. Please act now to avoid further action. To stop further action you must pay the debt in full to Lewis Debt Recovery or contact your account manager to discuss the options available to you. Payment is due no later than 22nd Nov.
1. We will consider taking further action if you do not pay this debt by the date specified
2. A debt collector may be instructed to visit your home to discuss your financial circumstanes and reach acceptable arrangements for the payment of this debt.

So what to reply with being an overdraft? Cheers as always

[SXGuy]

Re: DaveyBoys UE enquiry

You will get a letter in the end, ive known DCA's to ring for 4 weeks before bothering to write lol

Just sit tight and wait.