Thread: Alan V Barclaycard

Hi All. I,ve got some ongoing issues with Lloyds TSB credid card, Littlewoods Catalogue, and LBF Creditcard all of which are ticking along nicely, hav'nt quite won yet, but I am confident.

However there is one last outstanding debt I have, which I have been putting off dealing with pending the outcome of the above, and in view of the fact that this one is more complicated. BarclayCard have allready taken it to Court and I have a Judgement for £40 per month on a current outstanding balance of £2,882.68, ( originally a £3,500 Credit Card Opened back in December 2002)

The Debt is currently being handled by Horwich Farrelly having been passed on to them from Robinson Way I have recently contacted the Court and have explained that I now believe that a large proportion of the outstanding balance was made up of penalty charges, and that I now wish to challenge the Judgement on the grounds of this,

I explained that if I knew then what I know now I would have defended it back then. She said I could apply to have the Judgement lifted, and would send me the relevent form, which I have now recieved.

My Question is this, will I have to Data Protection Act Barclay Card, Robinson Way debt collectors and Horwich Farrelly ( who issued the claim, In the Northampton county court back in May 2005)collectivly, or do I DPA each one of them?And what do any of you think my chances are.I'm certain that the only document I signed was an 'Application' for a credit card and was shocked it was accepted, and that it was for £3,500.Any Views welcomeAlan

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Hi Furnitman,

You could apply to have the CCJ set aside on 2 counts.

1) That the a/c included penalty charges which have been found to be unlawful.

2) That BC, or the Co that took proceedings against you, do not have a valid Credit Agreement.

I think you should send Horwich Farrelly a CCA request to start the ball rolling. Use Letter N from here - http://www.consumeractiongroup.co.uk...templates.html

Carefully adapt the letter to reflect your own case and send it with the £1 fee.

If you don't have all statements for the a/c, send BC an SAR with the £10 fee - for a guide on this, read Link No1 in my signature below.

Sens letters by Rec'd Del'y or get a Cert of Posting at the PO and keep copies of all correspondance.

Hi Fman,

As regards rocking the boat, I don't see you have much to lose and possibly a whole lot to gain.

They could try to seek an increase in the monthly pay'ts but if that was agreed at court, and your circumstances haven't altered, I doubt they'd succeed.

amendment to above,Send the CCA letter to the DCA that d/w the debt before the court proceedings. I don't think the sol'rs are obliged to respond.

And send the SAR to BC to get the a/c statements.