Patch's Diary

[patchouli]

Re: Patch's Diary

Typo, sorry.

And will do. Thank you :-)

[Never-In-Doubt]

Re: Patch's Diary

Adjust it to suit - ie "my lawful CCA request was signed for, by Barclays on xx"

its not a CCS. It's a CCA

[patchouli]

Re: Patch's Diary

ok cool, thank you :-) .. but the CCS was signed for by Barclays.. does that change things?

[Never-In-Doubt]

Re: Patch's Diary

*** If there is a whiff of legal action then NEVER send a new CCA request without checking (with me or our solicitor via AAD+) first because that could just ruin any defence that you may have earned to that point.

[Never-In-Doubt]

Re: Patch's Diary

Should I reply with a cover letter saying I find it surprising they know nothing of the CCA as it was signed for on xxx... and add to it a Sold In Dispute letter as clearly it was adn they dont know (or chose not to know)

?

I would literally write back saying "please refer to my letter dated XX/XX/XXXX which was signed for, by a nominated person at your office on XX/XX/XXXX. Please deal with the content within that letter to allow me to determine any liability towards you, if any. Until such time you do respond, I understand that this account remains unenforceable in line with s.127(3) Consumer Credit act 1974."

That is the sensible option.....

[SaltnVinegar]

Re: Patch's Diary

Hi Patch

If you've already sent a CCA Request by recorded delivery then yes I would definately write a cover letter stating something along the lines of thank you for your last letter, as per your LBA a s78 was sent, and signed for my MKDP, and that you are disappointed in their assertion that it was not received.

In the event that they have lost your important correspondence, you enclose a copy of the original letter, and another statutory payment of £1, which you trust will be used correctly this time.

Blah Blah words to that effect..

Or alternatively just send another CCA request if you don't want to potentially incriminate yourself

[SaltnVinegar]

Re: Patch's Diary

Should I reply with a cover letter saying I find it surprising they know nothing of the CCA as it was signed for on xxx... and add to it a Sold In Dispute letter as clearly it was adn they dont know (or chose not to know)

?

Hi Patch

If you've already sent a CCA Request by recorded delivery then yes I would definately write a cover letter stating something along the lines of thank you for your last letter, as per your LBA a s78 was sent, and signed for my MKDP, and that you are disappointed in their assertion that it was not received.

In the event that they have lost your important correspondence, you enclose a copy of the original letter, and another statutory payment of £1, which you trust will be used correctly this time.

Blah Blah words to that effect..

[patchouli]

Re: Patch's Diary

You should reply, I would be tempted to send another CCA letter. Alternatively you could send a letter saying how surprised you were that they had not record of your request as it was signed for on xxxx.

Should I reply with a cover letter saying I find it surprising they know nothing of the CCA as it was signed for on xxx... and add to it a Sold In Dispute letter as clearly it was adn they dont know (or chose not to know)

?

[cymruambyth]

Re: Patch's Diary

You should reply, I would be tempted to send another CCA letter. Alternatively you could send a letter saying how surprised you were that they had not record of your request as it was signed for on xxxx.

[patchouli]

Re: Patch's Diary

Do I need to do anything about the letter?

[patchouli]

Re: Patch's Diary

Do you have evidence of CCA? Was the cheque cashed?

Sorry Niddy I should have quoted the diary.

Not sure if the cheque was cashed but the CCA was acknowledged back in feb 2014.

• Type of account Was Skycard, they changed it to Barclays Gold CC (hubbys)
  
  
• Date commenced Sky 2005 - change 2007
  
  
• Approx balance £1,663.06
  
  
• Date last paid December 2013
  
  
• Are you on arrangement or not paying
  
  
• Status not paid / default
  
  
• Account owner Barclaycard Gold Mastercard
  
  
• Current state of play
  Stopped paying in December 2013.
  
  Letter received 28th December 'you haven't paid, we can take from current account if you have one.

Letter received 25th January 'You bad boy, you still haven't paid so we are passing it over to Mercers, which is still us but with a scary name... perhaps... so pay up or we will write to you again!'

Sent CCA request 27th Jan 2014

CCA signed for by Luke Hawker on the 28th Jan

Letter received 4th February saying they got the CCA request and are dealing with it.

7th February CCA forms arrived...

10th February Sent CCA forms to Niddy to look at.

11th February Niddy says UE, I need to send missing PT's.

12th Feb missing PT sent via signed for.

13th Feb signed for by "Printed name: BARCLAYS"

20th Feb letter saying we have done what we should have, quoted Carey v HSBC and I still owe them.

21st Feb letter dated 14th Feb from Mercers saying they are chasing the debt and want payment or else!

28th Feb letter dated 23rd Feb from Mercers saying despite their efforts to contact him he hasn't paid so they may pass account over to a specialist collections mob who may call at our address... good luck with that.

25th March letter dated 18th March from Mercers saying despite their efforts to contact him he hasn't paid so they may pass account over to a specialist collections mob who may call at our address.... Same as last months letter.

23rd April letter dated 15th April from Mercers saying despite their efforts to contact him he hasn't paid and now owes 5 payments, if he is a good boy and pays 3 of them they "will credit your account with the remaining 2" nice underlining and bold effect but no thanks..

23rd May letter dated ... oh, it's not dated! Anyway from Mercers saying They would like to discuss the current situation, if I don't call then the account will be closed "and the full balance will become due immediately." *yawn*

5th July letter dated 1st July from Barclaycard, Senior Operations Manager, "As you haven't fully complied with default notice we sent you some time ago..account closed... balance due in full... we might sell to DCA..." yadda yadda yadda

16th July Barclays letter saying debt passed on to Wescot Credit Services Ltd.

19th July WESCOT letter telling us we can pay them and it is essential we respond in 10 days or recovery action blah blah...

29th July Wescot letter saying they've confirmed he is living at this address, acting on behalf of Barclays (so not sold in dispute then?) if he doesn't contact them they will continue to call, text and letter..... wow... lol

4th August Sold in Dispute sent.

5th August SID letter signed for.

16th August WESTCOT reply with acknowledgement of SID letter and they are looking into it.

6th November arrived 8th November letter from Barclaycard saying they have 'passed on' the account to ROBSON WAY

12th Nobvember letter from ROBSON WAY saying they are authorised to negotiate payment, if we dont pay they may keep calling and writing to us.

22nd November ROBSON WAY "We understand that in these difficult times...." Filed and ignored.

11th December ROBSON WAY Letter, call us to arrange payment

13th February 2015 - ROBSON WAY You haven't paid, we can help, call us

4th March - ROBSON WAY You still haven't called us.

22nd May - Letter from BARCLAYCARD and MKDP in the same envelope. Barclays advise me they have transferred and assigned the account to MKDP

1st June - MKDP letter you haven't offered to pay us!

8th June MKDP You still haven't paid us so we now have no option but to transfer your account to KEYNES, call us or we will do this!

21st July MKDP You still haven't paid so we are now referring your account to MKDP LLP who may commence litigation against me.

6th August MKDP You still haven't paid so now we have no option but to referr your account to KEYNES additional charges will be added to your account.

12th August - arrived on 26th August - NOTICE OF INTENDED LEGAL ACTION .. MKDP You failed to respond so we have instructed KEYNES COLLECTIONS to collect the outstanding balance on our behalf. Letter is a formal demand for payment unless full payment is made in 14 days (I didn't get it until today!!) legal action may be taken against you.

need to add date - Sent them LBA letter

need to add date - They signed for it

5th September MKDP letter dated 2nd September saying you sent an LBA and mentioned a Section 78 request but we have never had one so do it now adn we will get back to you.

[Never-In-Doubt]

Re: Patch's Diary

Do you have evidence of CCA? Was the cheque cashed?

[patchouli]

Re: Patch's Diary

They signed the LBA letter today.

got a reply today saying this:

[patchouli]

Re: Patch's Diary

but the bloody 14 days is up today the swines!

Grr here is the whole letter... Oh also it was Sold In Dispute... is that a moot point now?

[ATTACH=CONFIG]18924[/ATTACH]

They signed the LBA letter today.

[patchouli]

Re: Patch's Diary

Thank you!

got it when I came back from post office.. luckily I held that letter back as I dont want them getting two from the same address / family ....

In all honesty I feel a bit uneasy about this DCA.. the others seem to be letter pushers but this Compello lot seem to have balls... :-/