Westham1 UE diary

[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

[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."

[Westham1]

Letter from Cabot threatening to use external debt-collectors

[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]

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).

[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.

[Joanna Connolly Solicitors]

You can request a SAR online from Barclays using this link, but it may 'time out' after a while so then you'll have to Google "Barclays Subject Access Request" >

https://www.apply.barclays.co.uk/for...execution=e1s1

Di

[Westham1]

SAR sent to Barclaycard.

[Westham1]

Barclaycard signed for the SAR on 7th July but I haven't heard anything back from them.
Do they normally acknowledge receipt? They haven't cashed the £10 cheque.

[The Tech Clerk]

sometimes they know they have 40 days to supply within

[Westham1]

Another letter from Cabot - still no threats, will ignore.

[Westham1]

Today I received two parcels from Barclays.
1. Bundle of pages regarding my SAR request
2. Bundle of papers regarding somebody else's SAR request.

With regards to mine, I was expecting to be included, amongst othe things
A} A copy of the letter which they sent me in 2011 or 2012 to say they had bought Egg and had taken over that account (this is the account in default which 1st Credit now own).
B) A copy of the default notice which they sent in December 2014

Neither of these were included - should they have been?.

[Still Waving]

With regards to mine, I was expecting to be included, amongst othe things
A} A copy of the letter which they sent me in 2011 or 2012 to say they had bought Egg and had taken over that account (this is the account in default which 1st Credit now own).
B) A copy of the default notice which they sent in December 2014

Neither of these were included - should they have been?.

Did they not include a sheet/note saying (in effect) "what we include, and what we don't include and why"? Some banks appear not to keep a full copy of notices, but retain the details (dates/amounts) as an entry in their log.

[Westham1]

All they said in the accompanying letter was "this is the information requested that we have located"

[nightwatch]

Barclays told me they didn't keep copys of Defaults only a date they were issued in the log.

oh yes I knew somethings were missing so I wrote and told them I requested everything they held in my name, I got anothe letter back saying they had sent me everything.
thats when I knew I could safely say they had no knowedge of the £8k loan i had defaulted on.
that was a happy day