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Barclaycard & 1st Credit - 2 Defaults help !!!


gaz2006
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Originally Posted by gaz2954 viewpost.gif

Looking at my credit histopry I have 2 defaults for same item one on 16 2 07 ie First Credit and one on 29 9 07 for barclaycard for same debt . As no properly executed agrement has been sent me only application form with not all prescribed format what do i do write to ioth to get removed surely I cant be defaulted by 2 seperate entities for same debt what do I do ? I should point out there are penalty charges I havent claimed for yet Regards Gaz

 

Best off starting a new thread, as your questions will get lost on here.

 

Basically, it depends what type of assignment took place for them to pass the debt on - there shouldn't be 2 entries for the same default, but who has the right one depends on the assignment that happened.

 

Penalty charges in any default balance will make the amount on the Default Notice unlawful and inaccurate, giving rise to a rescission of contract preventing the Court enforcing the debt.

 

Once you've got your thread up and running, come back here and post a link so we can offer help directly.

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Thread moved to Data Protection and Default Issues Forum where you should receive more relevant advice.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Right then, gaz...

 

If you have the CCA, have they sent you the Notice of Assignment?

Have you done a Data Protection Act S.A.R - (Subject Access Request) to both companies?

Have you complained to the CRA's under s.159 CCA?

 

Hi CAR2403

No I havent been sent anything about assignment and the form I have been sent is not signed by THEM IE BARCLAYCARD says application form has no interest rate credit limit or minimum payment details and the terms and conditions they attach on seperate piece of paper shows charges ie of £20 if I am late etc so that may have been the fees when I took it out in 2004 . I did S.A.R - (Subject Access Request) on barclays ages ago and they sent me statements I think I have around £200 in "penalty charges " which I havent claimed as of yet

As for complaining under 159 cca no I havent especially as I dont know what s 159 cca says can you guide me to it so I can read what it says please ?

I am getting depressed every day I have one letter or another chasing me I dont have the money to pay all and in fact am looking for another job as the people I work for are being taken over and as Im self employed ie sub contracted my contract will be terminated in around 1 months time . i may actually be self employed but what i do is according to legal adviser employed so i may have claim fior redundancy but dont know yet so its a worrying time for me in fact I have 60k plus of defaults no ccj yet and around 20k worth of penalty claims going on or ones I should do . I have also 2 summons at present which youve guided me on too regards Gaz

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