SXGuy's UE Diary

[SXGuy]

Re: SXGuy's UE Diary

Update, letter from M & S account been assigned to buchanan clark and wells.

Heard nasty things about these guys, will wait for their letter, any advice would be apreciated.

[daisy]

Re: SXGuy's UE Diary

I managed to lose BCW quite easily, it was in regards to a Sainsburys credit card and they were trying to collect for AK.
My letter to them stated that AK had not fulfilled my CCA request by sending an application form, that did not have the t&c's within its four corners. I also wanted to know if AK's purchase was by an absolute assignment and I required proof of their alleged ownership of this account.
They replied that they were unaware of their client not fulfilling the documentation request, they closed the account on their system and returned it to AK.
Hope that helps.

[Oct Revolution]

Re: SXGuy's UE Diary

Hi SXGuy,

I too had BCW on my HSBC account but brushed them aside after a while (brief re-cap below).

Just waiting for next DCA to take over

ACCOUNT 1

First Direct (Metropolitan Collection Services)

06/12/12 - Letter rec'd from Metropolitan: "...your account is being referred to Buchanan Clark & Wells who will contact you within 14 days..". I will file for now and await contact from them.

08/12/12 - Letter rec'd from Buchanan Clark and Wells (as expected but quicker than I thought !): "...our clients have informed us they see no legitimate reason for non-payment...we have been granted access to your financial information held with CRA and will be monitoring this along with data from other sources to assess your ability to solve this matter...imperative you contact us...we are able to offer support...please do not ignore this matter...". "account sold whilst in dispute" letter sent

19/12/12 - Letter rec'd from Buchanan Clark & wells: "...we regret to note balance is still outstanding...please contact us...we will be able to offer you support, advice and be sympathetic to your circumstances...all we ask is you contact us...please do not ignore this matter, we are ready to help...". Their letter is dated 12th December so I'm assuming it's crossed with my "acc sold whilst in dispute letter". I will file and await their reply.

20/12/12 - Letter rec'd from BCW in response to my "acc sold whilst in dispute" letter: "...we have undertaken substantive investigation and refute your claim...we act in good faith...at no time were we advised account was in dispute by our client...your comments are noted but would not consider our actions to be as you describe nor contrary to legislation you quote....we have requested a copy CCA from our client and will cease collection until you receive...upon receipt of CCA if you wish to further dispute account please furnish us with details and documentation...otherwise contact us to discuss payment options...". I will sit tight and await for the said copy CCA to arrive and then take it from there for the next course of action.

21/02/13 - Received call from Buchanan Clark & wells - which I answered !! - I don't normally answer the phone to numbers I do not recognise but this one came up as a local call with local dialing code!! so I answered. Caught off guard. They didn't seem well versed they kept putting me on hold. The upshot of it all was that they asked when I could make payment and I said I'm waiting for CCA as per their letter of 20/12/12 -said they will have to get back in touch with their client and put the phone down on me..................! Anyway will wait and see what they send or do next.

25/02/13 - Letter rec'd from BCW: "...we are here to help...make us an offer...once payment plan is in operation we will not phone or write to you for a minimum of 6 months...please contact us...". I will file for the time being and see what happens next.

27/02/13 - Getting 3-4 calls a day now from BCW - but not answering. Will send them the "Telephone Harassment" template and see what comes of it.

05/03/13 - "Telephone Harassment" letter delivered yesterday and also received a call from them - Referred them to their letter of 20/12/12 and asked why on the one hand they are saying collection activity will cease but on the other hand they are harassing me. I advised them to stop harassing me with 4-5 calls a day and asked for my number to be removed from their system and that I would only communicate in writing.

08/03/13 -Letter rec'd from BCW: "...we write with regard to recent communication...confirm your concerns have been noted on our system and are being investigated...I can confirm a "cease all action" instruction placed on account...". I will file and see what they do next.

30/03/13 - Letter rec'd from BCW: "...we have noted your comments...removed your telephone number from our system...do not consider our actions as harassment...can confirm HSBC have instructed us to withdraw from the matter...we have closed our file and returned to HSBC therefore no further contact from ourselves...". I will file thisletter for safe keeping.

Good look in beating them off.

[SXGuy]

Re: SXGuy's UE Diary

Thanks for that guys, ill play the game with them when i get a letter direct from them, im guessing it will arive tomorrow or monday.

Lets see what happens.

[SXGuy]

Re: SXGuy's UE Diary

Ok so received the welcome letter from BCW re M & S lol

Standard letter everyone gets, "monitoring CRA" etc

So will post off an account sold in dispute on Friday.

[SXGuy]

Re: SXGuy's UE Diary

Received letter from BCW, asking for a £1 fee to be send directly to M&S for a CCA request and collection activity is susspended.

Obviously didnt read the account sold in dispute letter.

So debating whether to just file and ignore for now, or remind them it wasnt a request. Tempted to just ignore for now.

[vint1954]

Re: SXGuy's UE Diary

Just to keep the paper trail going, I would respond asking them to actually read and respond to the contents of your letter. Enclose a copy.

[Never-In-Doubt]

Re: SXGuy's UE Diary

Is this an old store-card to credit-card, ie Mayhew v Santander?

Regardless, I would sit it out and not contact BCW until they write back, there is no need to write in as the letter they sent to you is irrelevant to anything you asked of them, hence clearly an error.

BCW are pussies, the main DCA's you need to watch are the scum cheating, lying ones such as Marlin. They're the bad ones who lie to the court and bend rules to suit themselves.

[Never-In-Doubt]

Re: SXGuy's UE Diary

Just to keep the paper trail going, I would respond asking them to actually read and respond to the contents of your letter. Enclose a copy.

Could do but I'd not bother, they will soon write back so may as well till they do, in a month.

Its up to you - 50/50 whether you reply or not - no wrong or right here...

[vint1954]

Re: SXGuy's UE Diary

It's certainly an M&S Money account.

Diary does not explain what sort of account

[Never-In-Doubt]

Re: SXGuy's UE Diary

If it is a SC to CC then I suggest you PM Paul and get his advice, he'll know what's best being he did win the main case

[SXGuy]

Re: SXGuy's UE Diary

Thanks guys.

It was originally a store card, however it had 0 balance at the time, and they made her sign a new agreement when they switched it to a credit card.

The new agreement was dated 1 month after the shit hit the fan with them originally. So they lucked out with this one.

[SXGuy]

Re: SXGuy's UE Diary

Hey guys update time again.

This one is a real puzzle.

IDR Finance (Link) on behalf of Barclaycard.

About 2 weeks ago i received a default notice, asking for an arrears of £10.

This is clearly wrong as a) BC issued a DN begining of last year, and subsequently terminated the agreement, which is when they passed it to IDR.

Ive today received a letter from IDR again, saying i failed to act on the DN and if £10 isnt paid within 10 days, they will terminate the agreement (no threats of court etc)

Now, im unsure what to do with this one. They have clearly made a mistake by issuing a DN and treating the account as though it was originally theres, when i know full well it wasnt (plus their ref is BC's account number)

Could this be their attempt to correct some mistake in the past and issue legal proceedings, or perhaps they just dont know what they are doing?

Either way, it all adds to a defence should they ligitate.

This is the first DCA ive come across whos issued a DN AFTER being sold the debt from an OC, so bit puzzling.

How can you issue a DN and threat of termination for an account already defaulted, terminated and sold on? LOL

[vint1954]

Re: SXGuy's UE Diary

It could be an attempt to get the clock reset.

Strange!

Does their DN conform to CCA?

I would just ignore and wait for their next move.

[Paul.]

Re: SXGuy's UE Diary

IDR always send Defaults, its Link Financial Limited and look what happened to them with Defaults in Harrison v Link !!

Id not ignore that in my opinion