Westham1 UE diary

[Westham1]

While it is quite clear that the cca and t&c's that 1st credit have sent me do not match (cca is a barclaycard application, t&c's are from Egg), is it worth my while writing to Barclaycard to get a SAR. If so, does anyone know the address I should write to? I have taken 2 screen prints from my Noddle report. The first one is of the Barclaycard account which was opened just after the above cca application, and closed in October 2014, with a zero balance and the last payment was in February 2014.. The second screen print is the account which is owned by 1st Credit, opened in 2005 and defaulted in December 2014.

[Westham1]

For which debt?

And is the history of the account in a post you can guide me to?

Di

Cabot is the Mint/RBS debt which makes up most of this thread (read post #1). They have been writing to me monthly for the past year.

I have only mentioned 1st Credit (Barclycard) in the last couple of months (from post #86 onwards).

[Joanna Connolly Solicitors]

Letter from Cabot threatening to use external debt-collectors

For which debt?

And is the history of the account in a post you can guide me to?

Di

[Westham1]

Letter from Cabot threatening to use external debt-collectors

[Westham1]

Thanks for the reply, Di.

Originally a Egg account opened in 2005 which was transferred to Barclaycard in 2011 or 2012
Defaulted December 2014
Transferred to 1st Credit in Feb 2015

I sent a cca request to Barclaycard in 2014 and received a page showing that it was an Egg account and was opened in 2005 and that it was an internet application.
There was nothing other than my personal details.
The account was transferred to 1st Credit in 2015. and I received a notice of assignment from Barclays and 1st Credit to this effect.
I responded to 1st Credit asking for proof of debt etc.advised by another site and they wrote back saying that my letter was one from the internet which people used to try and get out of their responsibility of paying.
They said that I couldn't have a copy of the Deed of Assignment as it was confidential and that any more similar letters from me would be filed and ignored.
I didn't reply and heard no more until May 2017 when they sent a copy of that letter. They also enclosed what they said was a cca for this account from Barclaycard, along with some Egg t&c's, which they said proved that this satisfied my request in the letter I had previously sent (in 2015).



However this was in fact a copy of an application I made to Barclaycard in 2008 when I opened a Barclaycard account (completely separate from the transferred Egg account). This Barclaycard account was settled and closed in October 2014.

June 2017
Another letter from 1st Credit threatening that County Court proceedings are being considered.





I then sent an lba, as advised by a couple of members here.

Their reply came this week.

They said
"We can confirm that a copy of the agreement and copy statements were issued to you previously. With regard to the DOA we would refer you to section 136 of the Law of Property act 1925. which provides that the debtor is notified of the assignment of debt in writing, which we have already provided.
Regarding your request of the default notice and termination notice we have requested these from the OC and will contact you again once we receive their response."

[Joanna Connolly Solicitors]

Reply from 1st Credit to my lba.
They said
"We can confirm that a copy of the agreement and copy statements were issued to you previously. With regard to the DOA we would refer youto section 136 of the Law of Property act 1925. which provides that the debtor is notified of the assignment of debt in writing, which we have already provided.
Regarding your request of the default notice and termination notice we have requested these from the OC and will contact you again once we receive their response."

What's my next move?

Can you post the history of this account please because I can't see it on your diary thread (I may have missed it when reading back so my apologies if that's the case) or either re-quote the post or a link to it.

It's important to know the past in order to guide you as to how to handle the present and speculate on the future.

Di

[alfie]

I was advised to send the lba in response to their letter

thats ok.
it seems that they are not taking any immediate legal action as they have referred back to the creditor.
I was thinking then wait to see what they then come back with?

[Westham1]

Maybe wait for when they 'contact you again' regarding that response.?
Have they issued an actual letter before claim.

I was advised to send the lba in response to their letter (post #86)

[alfie]

Maybe wait for when they 'contact you again' regarding that response.?
Have they issued an actual letter before claim.

[Westham1]

Reply from 1st Credit to my lba.
They said
"We can confirm that a copy of the agreement and copy statements were issued to you previously. With regard to the DOA we would refer youto section 136 of the Law of Property act 1925. which provides that the debtor is notified of the assignment of debt in writing, which we have already provided.
Regarding your request of the default notice and termination notice we have requested these from the OC and will contact you again once we receive their response."

What's my next move?

[JLC]

Re: Westham1 UE diary

I'd ignore and see what they do next. The fact they offered a discount must worry them.

[Westham1]

Re: Westham1 UE diary

I sent the LBA letter on Monday and it was signed for yesterday morning.
This morning I received a letter offering a discount. This was dated Monday (12th June), so was either sent before I sent the LBA or they sent it yesterday and put Monday's date on it.
The envelope hasn't got a date stamp so that doesn't help.
Strange how that discount letter only took 2 days at most, yet the letter threatening possible court action was dated 2nd June and took a week to get to me.

[Westham1]

Re: Westham1 UE diary

On one of my debts, they are claiming it to be from a different lender. I'm not correcting them on that because the debts doesn't exist with the company they think it does! Silence is the best way forward. Another of my debt, I was sent an application form for a completely different account - again, I'm not going to tell them! Both the above debts I haven't had any correspondence from since December and one of them threatened court. I sent the LBA to them and I've not heard anything!

That sounds similar to mine, so I'll just send the LBA.

[alfie]

Re: Westham1 UE diary

Thanks for your replies.
I agree that I shouldn't do their job for them or give them a chance to rectify their mistakes, but I don't want to have to go to court so I would rather get this sorted beforehand.
Surely they can't be so thick as to think that they have sent me the relevant cca, but if they are then maybe it would be helpful to point it out.
It should be fairly obvious that their argument wouldn't hold up in court, but I don't want to be there to witness it.

I also understand not wanting to go to court. But, they haven't yet considered it/decided to go to court?
In addition to the posts above, you may have seen AAD Diana Mayhew comment post in another thread as follows;
'Do not get into a conversation with them about the recon you were sent. You don't want to flag up any errors which they might be able to remedy. It's tempting to 'meet fire with fire' when you get a strong argumentative letter from a solicitor but it's best to bite your tongue.
Less is more pre-litigation. Let's hope there won't be any court claim but you need to manoeuvre yourself (your wife) into the best possible legal position just in case'

[JLC]

Re: Westham1 UE diary

On one of my debts, they are claiming it to be from a different lender. I'm not correcting them on that because the debts doesn't exist with the company they think it does! Silence is the best way forward. Another of my debt, I was sent an application form for a completely different account - again, I'm not going to tell them! Both the above debts I haven't had any correspondence from since December and one of them threatened court. I sent the LBA to them and I've not heard anything!