Greymatter's ue Diary

[Deepie]

Re: Greymatter's ue Diary

Hi Deepie
What do you think should I do about this one please?
Thanks
GM

If it were me I'd just see what they do next.

[greymatter]

Re: Greymatter's ue Diary

Thanks Deepie will do,
Perhaps I do ask the obvious but I trust your judgement and I appreciate your quick response.
GM

[ken100464]

Re: Greymatter's ue Diary

And as they have given you a free month I would sit tight for the month before doing nothing.

The industry know all this old egg stuff is pants. And if you worked for egg would you give too hoots if you made a good fist of a CCA request or not. Your gonna lose your job anyhows so you would just cobble someit up post it out and go back to looking for a new job.

[greymatter]

Re: Greymatter's ue Diary

Point taken Ken100464
Thanks

[greymatter]

Re: Greymatter's ue Diary

Type of account (Loan Account)
Date commenced ( 2002)
Approx Balance (£13600)
Last made a FULL payment (July 2003)
Paying by arrangement with DCA(CDCS)
Default Notice issued by Barclays(Feb 2004)
Account originally run by BC/CDCS
Key:sent
received
My Comments
AAD Comments
15/05/2012 :Special delivery CCA requested
31/05/2012 :Hi Niddy: Letter received from Barclays and they have in the first place stated:'Sec 77 and 78 of the CCA1974(as amended) do not require Barclays Bank to provide you with a signed original form of the agreement and .......not the policy of Barclays Bank to provide this'
They are however pleased to provide me with a copy of the agreement and financial statementas the Act does not require them to supply me with a signed original'
However what they sent me was a set of TC's with figures filled in and various other hand filled details. Thanks
01/06/2011: Niddy: Barclays - this is a mock-up. There is a hand written form undated for a small loan that is linked to a different product via account reference and comes with no PT's.
Basically Barclays have got confused and made this out to be an original using a reference number for a newer product that was a different loan and came with PPI. Confused? Yep, so are we totally.
Respond with --->Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms
12/10/2012:Letter from Barclays telling me that the responsibility for collecting has been passed to CSL . Shall I wait for response or send sold while in dispute letter.
I would wait until they write to you........... Quote:
Hi Niddy/I2D
25/10/2012 :Letter now received from new DCA handling the collection etc .etc.
Should I send 'sold while in dispute' letter
Thanks
25/10/12: In2Deep :I would if it were me..........
25/11/12: Thanks I2D Letter going now!
25/11/12 :Hi Niddy/I2Deep
Received a letter from Barclays and within their opening paragraph they say ’I am unable to uphold your complaint and provide a signed copy of the agreement’
They then remind me that the debt is being held by CSL .
I received at the same time a letter from CSL offering me ‘opportunity to clear your debt at a reduced rate’
Finally: they state’ Failure to contact them will result in our recommendation for further action on your account’
I am reading the Barclays opening statement as an admission of no CCA,do you agree?
What response is needed here and does it go to CSL only?
Many thanks
25/11/2012:Scabhunter: If I was in this situation, I would just send a copy of the Missing Prescribed Terms template to CSL.
25/11/12: Sent [QUOTE]
03/12/2012: Hi Niddy/I2D
Received letter from CSL'If I dont respond within 7 days the account will be returned to Barclays for further action.The further action could include selling of your debt.Once sold you will no longer deal with Barclays regarding this debt.Any action pursued by the new owner to recover etc etc becomes their responsibility'
Any response needed?
3/12/2012: Niddy:I would just send a copy of their cover letter, thats all.
13/12/2012:Hi Niddy /I2D Received letter from Power 2 Contact big bold black heading’FORMAL NOTICE OF INTENDED VISIT’
Strange to get this when CSL stated above that they were returning account to Barclays.
I have previously sent the doorstep visit letter.
Barclays previous letter stating that they are unable to supply a signed copy of the agreement(see above)
What response is now needed as they are going round in circles.
13/12/2012 I2D send Harassment &Threat of doorstep-visit.
13/12/2012 Ref to this letter resent.
25/03/2013 Account now passed to Moorcroft.
I will wait for contact from them before doing anything.
26/03/2013 Letter received from Moorcroft usual 'pay up without delay or they will recommend to their client that further debt recovery action be undertaken.
26/03/2013 Letter sent SWID
Update:
Letter from Moorcroft referring back to OC re my query


6/4/13 Vint1954:Another one that will run away soon

15/04/2013 UPDATE:
Received letter from Moorcroft informing me that Barclays Bank have advised them that they are unable to provide a copy agreement due to the age of the account .They go on to say they will put on temp hold to allow time for receipt of the letter and then contact them to discuss payment or follow up of the account will recommence.
What would be the best respone to this please.
Salt& Vinegar:The best response to that would be to keep a copy of that letter safe as they have now admitted its UE!
You could send the UE - final response letter which effectively tells them to bugger off. They will no doubt give you a little bit of hassle but now they know its UE, and they have admitted as such you can chillax a little with this one
UE-final response sent recorded.

22/04/2013
UPDATE:Received letter from Moorcroft confirming: that Barclays no longer have a copy of my agreement.It is also BC understanding that they are not legally obliged to retain documentation of this nature for more than six years.
The letter goes on to inform me that the Information Commissioners has confirmed that whereas a debtor may not be oblidged to repay the account due to the provisions of the CCA,this does not mean that there was no enforceable agreement.
They go on to refer me to the McGuffick case re unenforceability etc.plus recent case in Manchester the Judge stated that the absence of a signed agreement is no evidence that such an agreement was not made.
Finally :..balance is correct and due for payment…please contact our offices to discuss your account further.
What response would be needed here Should I respond with Creditors refusal to accept UE or ignore or what would you suggest please.
22/04/2013 Pixie: Ignore

UPDATE:Hi SH/Niddy
01/05/2013 After a week of phone calls,logged but not answered I have received a letter from Moorcroft as follows:Capital letters almost double Bold:’Important Information-Possible Further Action’
It goes on to tell me that if I want to prevent further debt recovery action,to contact them.
If you do not contact us on receipt of this letter…………….recommend to our client…consider possible further debt recovery action which may follow.
Contact now to discuss payment plan or substantial discount.
Please advise as to suitable reply as on their own admission from OC they do not have a copy of my agreement.
Thanks

01/05/2013eepie:I Would send this if it were me----->Letter Previously Confirming No CCAwith a copy of the letter you have..
2/05/2013:Letter sent rec
UPDATE 23/05/2013:Hi Niddy/SH
Letter from Moocroft re confirming that Barclays no longer keep a copy of CCA documents,they go on to say’Our clients have confirmed this balance is correct and due and feel that your insistence on requesting documents………….no longer available,is simply a method of debt avoidance ……….Request that I contact……….pay balance’
Please advise on suitable response please.
23/05/2013eepie:If it were me I'd just ignore that letter......

13/06/2013
Hi Deepie/Scabhunter
UPDATE: Letter dated 7th June still beating on about possible further action via a recommendation to their client.This account on the admission of BC they no longer keep a copy of CCA docs etc etc.
What should now be a suitable response please as this is just bouncing back and forth.Would an’enough is enough’ response be suitable or should I just ignore??
Thanks
Ps been away for a week so that’s why I have just got back on stream.

[ScabHunter]

Re: Greymatter's ue Diary

Would an ’enough is enough’ response be suitable

I'm not sure that it is entirely suitable, because the start of the letter mentions the creditor continually arguing that the agreement is enforceable. They don't seem to be arguing that here, just that you should give them money anyway!

If it was me, I'd send them this -

"Dear Sirs,

I am in receipt of your letter dated xxth June 2013, the contents of which are noted.

The provisions of Section 77 of the Consumer Credit Act 1974 were enacted for a specific reason, and that is to ensure that any debtor is able to access crucially important information related to fixed sum borrowing. This information includes the prescribed terms which detail the exact nature of the loan, and how it is to be paid back. Without this information, an alleged debtor is unable to know whether or not any liability exists to the creditor, nor to quantify any such liability should it exist.

On 15th May 2012, I forwarded a request pursuant to this section of the Act, and only received terms and conditions for an unrelated product, and no documentation which contained the prescribed terms necessary to comply with the legislation. Your threats of 'possible further action' are therefore entirely misplaced and inappropriate, and any action taken on the back of these will be vigorously defended, with an application made for costs due to breaches of the pre-action protocol.

On 15th April 2013, I was informed that no documentation which could satisfy the statutory requirements existed, making it an entirely futile endeavour for you to continue with this unwarranted harassment. I therefore refer you back to my letter of 1st May 2013, which, in the absence of any further developments, constitutes my final response.

Yours Faithfully,"

SH

[greymatter]

Re: Greymatter's ue Diary

Thanks SH
I will get this off tomorrow AM recorded of course!
GM

[Never-In-Doubt]

Re: Greymatter's ue Diary

Very good SH.

[greymatter]

Re: Greymatter's ue Diary

Barclayloan
Type of account (Loan)
Date commenced (Approx 2000)
Approx Balance (£4500)
Last made a FULL payment (June 2003)
Paying by arrangement with DCA(CDCS)
Default Notice issued by Barclay(Feb 2004)
Account original passed to CDCS
No statement or balance issued since 2005
08/08/2012: CCA request sent this morning by special delivery
31/08/2012: The 12+2 days are up.
12/11/2012: Letter from Barclays informing me that they are transferring the debt collection responsibility to BCW Group
12/11/2012: In2Deep:I would wait until you here from BCW then hit them with the Account in Dispute letter..........
15/11/2012:Letter received today fro BCW plus 2nd phone call.Letter sent SWID
25/11/12: Letter received , account on hold whilst being investigated.
14/12/12: Letter received BCW want more time(4weeks) to investigate
15/01/2013 Letter informing me that BCW have closed the matter on their system and no further contact will be made by their office.
7/05/2013 Letter from Barclays now getting Moorcroft to manage account.
Should I wait for usual spate of phone calls and letters before sending SWID response??
8/05/2013: ScabHunter:That's it, GM. All routine and expected. This rabble are a known quantity who are featured extensively on these threads, so there shouldn't be any nasty surprises.
Good luck with it.
8/5/2013:SWID rec del sent.
11/05/2012
Hi Niddy,I have received a reply from Moorcroft in response to my SWID letter,they are asking me to pay £1 for the a copy of my CCA.Are they bloody stupid as this was requested back in August 2012,originally with CDCS who simply put it to Barclay who in turn sent account to BCW for collection.I sent a SWID to BCW ,they contacted Barclays and BCW did not get a response from Barclays so they returned the account to them,closing it with me.Now Barclays have involved Moorcroft and they are asking for a £1 fee.Bo***Ks
I have the receipt of the original £1 PO and recorded delivery
What response (if any)should I send.
11/05/2013:SH: If it is a response to the SWID letter it is a bloody rapid one. Three days? It is more than likely that the letters crossed in the post.
This is a standard Moroncrap tactic which I've seen many times before.
“Dear Sirs,
I am in receipt of your letter of xxth May 2013, but I am unable to understand its contents. You reference the possibility of submitting a request for information pursuant to Section 77 of the Consumer Credit Act 1974, when you must be aware from previous communications that such a request would be entirely superfluous.
A request of this type was forwarded to Barclays on 8th August 2012, and this remains in default. While the default endures, enforcement is prohibited. Please refer to my previous letter of 8th May 2013.
Yours Faithfully,”
13/05/2013:Recorded delivery sent.
14/05/2013:Signed receipt
UPDATE:
16/05/2013:Letter from M/Crft suspending follow-up action.Awaiting response from Barclays.

UPDATE:
13/06/2013
Hi Scabhunter :Pushing my luck with two on the trot but I also have received a reply from Moorcroft( I have been away for a week)informing me that BC reckon they did not receive my CCA request or £1. As this was requested by recorded delivery and signed for and a receipt for the £1 PO with the correct post code for CDCS on the 9/08/2012 should I send a copy of the original request plus photo copies of the signed for letter and £1 po receipt.Or is there a more preferred reply to this please?
Thanks
GM

[greymatter]

Re: Greymatter's ue Diary

Hi Niddy
Please could you advise on this (SH not on line at the moment getting some zzzzz's )
Thanks GM

[Never-In-Doubt]

Re: Greymatter's ue Diary

Barclayloan

UPDATE:
13/06/2013
Hi Scabhunter :Pushing my luck with two on the trot but I also have received a reply from Moorcroft( I have been away for a week)informing me that BC reckon they did not receive my CCA request or £1. As this was requested by recorded delivery and signed for and a receipt for the £1 PO with the correct post code for CDCS on the 9/08/2012 should I send a copy of the original request plus photo copies of the signed for letter and £1 po receipt.Or is there a more preferred reply to this please?
Thanks
GM

Yea send a copy off - leave them in default, best way!

[SA Gold]

Re: Greymatter's ue Diary

I'm not sure that it is entirely suitable, because the start of the letter mentions the creditor continually arguing that the agreement is enforceable. They don't seem to be arguing that here, just that you should give them money anyway!

If it was me, I'd send them this -

"Dear Sirs,

I am in receipt of your letter dated xxth June 2013, the contents of which are noted.

The provisions of Section 77 of the Consumer Credit Act 1974 were enacted for a specific reason, and that is to ensure that any debtor is able to access crucially important information related to fixed sum borrowing. This information includes the prescribed terms which detail the exact nature of the loan, and how it is to be paid back. Without this information, an alleged debtor is unable to know whether or not any liability exists to the creditor, nor to quantify any such liability should it exist.

On 15th May 2012, I forwarded a request pursuant to this section of the Act, and only received terms and conditions for an unrelated product, and no documentation which contained the prescribed terms necessary to comply with the legislation. Your threats of 'possible further action' are therefore entirely misplaced and inappropriate, and any action taken on the back of these will be vigorously defended, with an application made for costs due to breaches of the pre-action protocol.

On 15th April 2013, I was informed that no documentation which could satisfy the statutory requirements existed, making it an entirely futile endeavour for you to continue with this unwarranted harassment. I therefore refer you back to my letter of 1st May 2013, which, in the absence of any further developments, constitutes my final response.

Yours Faithfully,"

SH

Nice one SH

[greymatter]

Re: Greymatter's ue Diary

OK Thanks Niddy
Going by Rec Del today
GM

[greymatter]

Re: Greymatter's ue Diary

Hi Niddy
Just a quick point,where an account has been passed around for whatever reason,would it help to strengthen your case by referring the current DCA to this fact,or just not bother.
Thanks
GM

[Never-In-Doubt]

Re: Greymatter's ue Diary

Hi Niddy
Just a quick point,where an account has been passed around for whatever reason,would it help to strengthen your case by referring the current DCA to this fact,or just not bother.
Thanks
GM

depends if they are threatening court - if not and they are in default and you have told them this then you do not need to respond to all letters, just reply to each third one or something (especially if the content isn't changing much in their letters to you).