Westham1 UE diary

[Roger]

I don't see how Barclaycard could certify a reconstitute by 1st Credit here.
Also Roger, the other persons details haven't been included in my SAR. What happened was 2 SAR reports were posted to me, in separate packages. one was mine, the other was somebody else's with my name and address on the parcel..

Exactly

[Westham1]

They have to evidence that a compliant DN has been issued (that's terms, amounts and timescales) plus any attachments pertinent and appropriate to that time and date. Again a reconstituted if submitted would require the OC certifying that copy plus prepared to be cross examined under oath. Otherwise any DCA or tom dick and harry could knock one up after the event!
If the OC has included someone else's details why complain to the ico? It will make pleasant reading in Court especially if reconstituted documents are submitted (please your honour whose are these the defendant or someone else's?)

I don't see how Barclaycard could certify a reconstitute by 1st Credit here.
Also Roger, the other persons details haven't been included in my SAR. What happened was 2 SAR reports were posted to me, in separate packages. one was mine, the other was somebody else's with my name and address on the parcel..

[Westham1]

That letter is to tease you into contacting them. So obviously, as you have decided.. .Don't

Reading back from the SAR and what you expected, often they just include entries in the log to say letters sent and not actual copies. The DN details should be enough for them to recon an accurate copy.

Did you complain to the ico about them sending someone else's details?

Barclays first sent me the internet application in 2014. The account started out as an Egg card, and I don't believe Barclays have anything more than this.
They aren't going to recon an accurate copy.
How can 1st credit create a recon? They seem to think that it started out as a Barclaycard (see post#86).

As for complaining to the ico, it is easier not to bother - it wouldn't help my case complaining about Barclaycard now they have sold the account.

[Roger]

That letter is to tease you into contacting them. So obviously, as you have decided.. .Don't

Reading back from the SAR and what you expected, often they just include entries in the log to say letters sent and not actual copies. The DN details should be enough for them to recon an accurate copy.

Did you complain to the ico about them sending someone else's details?

They have to evidence that a compliant DN has been issued (that's terms, amounts and timescales) plus any attachments pertinent and appropriate to that time and date. Again a reconstituted if submitted would require the OC certifying that copy plus prepared to be cross examined under oath. Otherwise any DCA or tom dick and harry could knock one up after the event!
If the OC has included someone else's details why complain to the ico? It will make pleasant reading in Court especially if reconstituted documents are submitted (please your honour whose are these the defendant or someone else's?)

[Warwick65]

That letter is to tease you into contacting them. So obviously, as you have decided.. .Don't

Reading back from the SAR and what you expected, often they just include entries in the log to say letters sent and not actual copies. The DN details should be enough for them to recon an accurate copy.

Did you complain to the ico about them sending someone else's details?

[Westham1]

Hi,

I have put this email into one post so that there is a better thread




1st Credit
-formerly an Egg Account opened in 2005, transferred to Barclaycard in 2011 or 2012. Defaulted Dec 2014.




Feb 2015 Assignment letter from Barclaycard, and intro from 1st Credit




21st Dec 2016 Financial statement received from 1st credit covering 1/12/2015 - 30/11/2016

May 2017

Letter from 1st Credit which was a copy of the one they sent in 2015 (see post #1).
They also enclosed a cca which they said satisfied my request in the letter I had sent.
However this cca was a copy of an application I made to Barclaycard in 2008., and the t&c's were from the Egg application.
The only account I opened with Barclaycard was the one in 2008 which was closed a couple of years ago with no issues.





8th June 2017
Another letter from 1st Credit threatening that County Court proceedings are being considered and that I need to contact them within 10 days (letter dated 2nd June).




13th June 2017

I sent a LBA letter to 1st Credit which was signed for today.




14th June 2017

Discount letter from 1st Credit - ignored



1st July 2017, 20:28
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."

6th July 2017, 12:22
SAR sent to Barclaycard.

16th August 2017, 18:10
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


I noticed in the SAR report that in May 2017 1st Credit sent an email asking for everything pertaining to the defaulted account and a couple of months ago 1st Credit sent a copy of a cca for a different barclaycard account which was opened in 2008 and settled and closed in 2014.
This doesn't help me very much at all.


18th August 2017, 17:12
Reply from Roger
"..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."

Well you know they asked in May and you know from the SRA
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 ?. Its reasonable to assume that 1st Credit haven't got these documents.

The Default Notice is a key document!


20th August 2017

Reply from Di
Are you saying that 1st Credit hasn't complied with your CCA Request because they sent you a credit agreement that has nothing to do with the debt which they currently own?

I think that's very helpful

Whatever happens don't tell them they've got it wrong.

Is there any sign of the Egg credit agreement in that Barclaycard SAR? If not then 1st Credit won't be able to get it either.


30th August 2017, 15:50 - my reply
Hi Di,
I replied to your query in post #107, where I summarised the history.
I started this thread in post #86.
The Egg internet application is in the SAR. All it contains are my details, dated April 2005, the card type is EGG CARD.. There aren't any Egg t&c's in the SAR.

There are also 2 more barclaycard applications in the SAR.
1. Barclaycard visa from 2004 (which I had forgotten about) - last used about 2006 as far as I can make out from the SAR
2. Barclaycard Oyster in 2008.

The 2008 one is the application which 1st credit sent me, along with EGG t&c's from between 2004-2005..
Barclaycard must have mistakenly sent this 2008 form to 1st Credit, would they have also sent them the Egg t&c's (which weren't in the SAR)? or would 1st Credit have obtained these themselves?

21st Dec 2017 Financial statement received from 1st credit covering 1/12/2016 - 30/11/2017


30th April 2018, 23:41
Letter from Intrum informing me that 1st Credit became Intrum UK Ltd, and I don't need to contact them regarding my account.

23rd June 2018, 12:20
11/6/18 Letter from Intrum trying to get in touch again - if we do not hear from you in 10 days one of our reps to will be in contact about repayment..
They include the letter I received from Barclays assigning the debt to 1st Credit(Finance) Limited in 2015.

22/6/18 Another innocuous letter with a i&e form attached.

They are also trying to find me via mobile and email, which goes to spam.

4/7/18
Letter from Intrum saying the balance is still outstanding.
If I don't want to speak to them I can fill in the i&e form.

(Or I could just not speak to them).

26/7/18
Letter from Intrum
There is a discount available.
If you were to pay a partial settlement towards your account we will update your credit file entry to 'partially satisfied' and the balance updated to zero.
Wow - does that mean I can pick my own discount?

[Roger]

Got several debts with Cabot (UK) All have gone SB now.
Roger I am sure Niddy will enjoy the God like status you have given (H) him

The Blog is more than just Niddy's and is clearly sourced by expert knowledge other than Niddy's.
As for examples! The Diaries are replete with examples.
Groups and their wholly owned subsidaries causing issues. I read make notes (for myself) and learn.

[Warwick65]

Got several debts with Cabot (UK) All have gone SB now.

Roger I am sure Niddy will enjoy the God like status you have given (H) him

[Roger]

Has anyone whose account is now assigned to Cabot Financial (UK) been issued with a claim since 2015 when their license ran out?

Most claims will be rubber stamp through!
Niddy's Blog and these are His words " ..The exact reasons we want to keep sensitive if you don't mind. .."
So it isn't something that we should attempt to argue for ourselves!!

Something to consider. Why do large Corporate Global Groups set up Limited Liability Companies for parts of their business?

[Westham1]

Has anyone whose account is now assigned to Cabot Financial (UK) been issued with a claim since 2015 when their license ran out?

[Roger]

Roger
What I was saying is that this is, as far as I know, still not fully tested in court - unless of course you know different. This could be the unauthorised debt purchasers do not want it testing. I am just guessing here. Sometimes you go into court with several arguments and if you win on the first, the rest may get left untested. That is what happened with me - no DN therefore case won- all the other arguments did not even get discussed as they were irrelevant I will never know if my S78 was legit or if the agreement was incorrectly executed. I don't care tbh.

I am also unconvinced you know any more or less than i know - hence my warning that for a LiP things may be difficult. I am not sure it is productive to say on the forum I know something but I'm not telling you - unless of course you work for Jo or another solicitor.

I think its important to make sure you know who the Current Creditor is AND their status with the FCA. This isn't necessarily the same as who is writing to you!

Niddy's BLOG on CABOT is here and worth reading through. .
https://www.all-about-debt.co.uk/for...ts/33536-cabot
Di's is the last comment here on 24th June 2018 https://www.all-about-debt.co.uk/for...99#post1511699

[Warwick65]

Roger
What I was saying is that this is, as far as I know, still not fully tested in court - unless of course you know different. This could be the unauthorised debt purchasers do not want it testing. I am just guessing here. Sometimes you go into court with several arguments and if you win on the first, the rest may get left untested. That is what happened with me - no DN therefore case won- all the other arguments did not even get discussed as they were irrelevant I will never know if my S78 was legit or if the agreement was incorrectly executed. I don't care tbh.

I am also unconvinced you know any more or less than i know - hence my warning that for a LiP things may be difficult. I am not sure it is productive to say on the forum I know something but I'm not telling you - unless of course you work for Jo or another solicitor.

[Roger]

I think on the licensing issue here you would need to talk to an expert such as Diana Mayhew
My reason is that all the intrum companies are private limited companies wholly owned by another - this goes back to Intrum UK Ltd who are FCA authorised so i wouldnot like to hazzard a guess as to the stance a court would take, particularly if they did bring a claim and you trued to defend yourself. Sorry to sound doom and gloom

I think you need to carefully read Niddy's Blog about Cabot who wholly owns Cabot Financial (UK) Limited. Cabot are Authorised BUT Cabot Financial (UK) Limited are NOT Authorised.

https://www.all-about-debt.co.uk/for...50#post1291550
Originally posted by Riz View Post
So a non authorised company cannot buy a regulated debt

No - they are not authorised to conduct any business in credit repair / collection activity / etc etc. Why would they buy it unless they planned to collect against it....?

Originally posted by Riz View Post
...or get a authorised company to collect it on their behalf?

No - because they are the collection company involved. It'd be different if say we (as an un-authorised company) had a debtor and sent it to an appropriately authorised DCA to collect for us. However in this context, Cabot weren't authorised to conduct ANY DCA or regulated activity whilst unauthorised so ANYTHING they do regarding the account would be a breach. Even if it was purchased whilst authorised.

That's the basis behind the FCA - that a non regulated company does not conduct regulated activity - it'd never stand up in court would it because otherwise the courts would be accepting 'loan sharks' again.....

The exact reasons we want to keep sensitive if you don't mind.

[Warwick65]

I think on the licensing issue here you would need to talk to an expert such as Diana Mayhew


My reason is that all the intrum companies are private limited companies wholly owned by another - this goes back to Intrum UK Ltd who are FCA authorised so i wouldnot like to hazzard a guess as to the stance a court would take, particularly if they did bring a claim and you trued to defend yourself. Sorry to sound doom and gloom

[Warwick65]

13/7/18
Another innocuous letter saying they want to help.
Gavin Flynn must hate sending these out.

Gavin Flynn will have no idea what is being sent out

Just keep ignoring for now