CRS - Notice of Attendance

[Bella Smallville]

Hey guys and gals, im back again asking for some more help!!

After the long on going problem with my car being clamped then sold on with outstanding finance on it I thought it had all been sorted...until last month when the finance company phoned me up asking me to pay the full 5 figure sum with in 30days...I had explaned that I don't owe them anything and sent of a income and expend form which barclays asked for and I had not heard anything since come today.

I opened my post to find a 'Notice Of Attendance' from a company called CRS. I promptly got on the phone to Barclays to ask what the fk is going on and the lady I needed to talk to is not there (go figure) but her boss who I spoke to could not understand why she had got this company CRS involved!

Here is a copy of the letter and would like people's opinions and views on what to do...

Edited by Bella Smallville on Thursday 23 June 15:54

Edited by Bella Smallville on Thursday 23 June 16:02

Edited by Bella Smallville on Thursday 23 June 17:15

[MrAdaam]

I can't be of any help but it may be worth editing out you name and address information - just to be on the safe side. Good luck with this however.

[Bella Smallville]

MrAdaam said:

I can't be of any help but it may be worth editing out you name and address information - just to be on the safe side. Good luck with this however.

Thanks for the tip!

[anonymous-user]

I have no idea whether or not you owe anything to the finance company, but it does annoy me when debt collectors use documents which masquerade as court documents. This is just a demand for money, whether well founded or not. It's not a court document. The aim is to put the frighteners on ill informed recipients.

[Bella Smallville]

Breadvan73 said:

I have no idea whether or not you owe anything to the finance company, but it does annoy me when debt collectors use documents which masquerade as court documents. This is just a demand for money, whether well founded or not. It's not a court document. The aim is to put the frighteners on ill informed recipients.

I was just asking for advice and views on if this letter was a legit letter and I feel it's not at all!! And boy did it give me a scare, just what I need before an interview tomorrow

[anonymous-user]

As I said, it's just a demand for payment. CRS may be a debt collector or may be a debt factor which has bought a debt from Barclays. If you owed Barclays any money, the demand is legit to that extent. The claim for interest can be disregarded unless the loan contract provided for interest, but NB that interest is payable on judgments (there isn't one yet). The claim for costs can similarly be disregarded unless and until the creditor obtains a judgment.

[andygo]

Go here:


http://www.consumeractiongroup.co.uk/forum/forumdi...

Put your info up and I'm sure you will get some good advice.

[randomman]

Don't forget a debt collector cannot act legally if you tell them the debt is in dispute. Obviously not a court document, can't believe people can get away with sending these out. I can only assume a date hasn't actually been set and the details on there are false.

[anonymous-user]

I am not quite sure what you mean by "a debt collector cannot act legally if you tell them a debt is disputed". The creditor can issue proceedings and ask the court to resolve the dispute. Plainly in this case no proceedings have been issued yet, but given the size of the claim the OP should take professional advice on his position ASAP. Relying on phone calls to Barclays won't do. OP, do you actually owe any money? This has something to do with a car finance deal, I gather.

[Bella Smallville]

andygo said:

Go here:


http://www.consumeractiongroup.co.uk/forum/forumdi...

Put your info up and I'm sure you will get some good advice.

Thanks for that link Andy, that'll be helpful!!

[Bella Smallville]

Breadvan73 said:

I am not quite sure what you mean by "a debt collector cannot act legally if you tell them a debt is disputed". The creditor can issue proceedings and ask the court to resolve the dispute. Plainly in this case no proceedings have been issued yet, but given the size of the claim the OP should take professional advice on his position ASAP. Relying on phone calls to Barclays won't do. OP, do you actually owe any money? This has something to do with a car finance deal, I gather.

Well its still in dispute about if I owe them money or not, the finance deal was on the car and it clearly says it in the paperwork YET Barclays are claiming it's a personal loan and is down to me to sort out! But Barclays won't provide me with their proof of the loan (go figure).

[anonymous-user]

Oh, right. In that case, of course you owe them the money. Cars can't borrow money. People borrow money. A car loan may be secured on the car (in an HP deal it's a form of rental) with a right to buy, but the agreement was made between the creditor and, er, you. Pay up.

[Mr Happy]

Bella Smallville said:

MrAdaam said:

I can't be of any help but it may be worth editing out you name and address information - just to be on the safe side. Good luck with this however.

Thanks for the tip!

I'd say have another go too, it's still not too hard to read Mr C.

[Bella Smallville]

Breadvan73 said:

Oh, right. In that case, of course you owe them the money. Cars can't borrow money. People borrow money. A car loan may be secured on the car (in an HP deal it's a form of rental) with a right to buy, but the agreement was made between the creditor and, er, you. Pay up.

It's very complicated to explain on here for the world to see but the jist of it is that the loan was on the car and not for a individual.

[randomman]

Breadvan73 said:

I am not quite sure what you mean by "a debt collector cannot act legally if you tell them a debt is disputed". The creditor can issue proceedings and ask the court to resolve the dispute. Plainly in this case no proceedings have been issued yet, but given the size of the claim the OP should take professional advice on his position ASAP. Relying on phone calls to Barclays won't do. OP, do you actually owe any money? This has something to do with a car finance deal, I gather.

I was under the impression that a debt collection agency has little/no powers if you have a valid reason to dispute the debt with the original source.

[anonymous-user]

Bella Smallville said:

It's very complicated to explain on here for the world to see but the jist of it is that the loan was on the car and not for a individual.

I repeat - cars can't borrow money. People (and companies) can. A loan may be secured on a car, but the borrower owes the money . A mortgage is secured on a house, but the person who borrowed the money owes it, not the house.

[anonymous-user]

randomman said:

I was under the impression that a debt collection agency has little/no powers if you have a valid reason to dispute the debt with the original source.

A debt collection agency has no "powers" in any circumstances. It can act as an agent for the creditor and seek to enforce the debt. If the debt collector buys the debt, it can sue on it. A creditor does not have to take no for an answer just because the debtor raises a dispute, especially one which appears to be as frivolous as the OP's is.

[Meoricin]

Bella Smallville said:

It's very complicated to explain on here for the world to see but the jist of it is that the loan was on the car and not for a individual.

You're saying the car borrowed money?

Or you borrowed money, using the car as security, and have since sold the car?

[Bella Smallville]

Meoricin said:

You're saying the car borrowed money?

Or you borrowed money, using the car as security, and have since sold the car?

Using car as security but I didn't sell the car as it was clamped and sold on, read the clamped thread and you'll understand what's going on

But we're getting off topic here, I was asking if the letter was legit or not!

[anonymous-user]

I have no idea to which thread you refer and am not going to read through what might be a gazillion pages of clamper blah. Anyway, the car being sold doesn't affect liability on the loan.

What do you mean by "legit"? The letter is a demand for payment. The demand may be, at least in part, a valid demand, if it seeks payment of the sum due on the loan.

Edited by Breadvan73 on Thursday 23 June 17:52