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    • Update! I have now opened the mail from Barclaycard. I am assuming that their letters were prompted by my confirmation to them of my change of address, which I had advised them of twice. They are treating my change of address notification as a "General Data Protection Regulation Right of Access Request"  and state that I have made a "Right of Access Request. They are asking me to provide valid indentity documents! I have made no such request and am minded to ignore their request for extra information? I should add that their letters were sent to my correct current address!
    • Are you allowed to appeal if you plead guilty?   I know you appeal the sentence, but the criminal record formed from your guilt would surely remain?   I'm not sure if your able to appeal a crimianl record if you plead guilty are you?
    • DX: I did not pursue Link after I got the CCJ amended to monthly payments. Pretty sure the CCJ does not mention reviews, I do have the CCJ somewhere, I will have to look it up in storage. It is as mentioned on the thread you referenced  in your post #28. The Barclays loan was taken out in September 2004 for 60 months! Current Balance remaining approx £2K. On checking back my past correspondence with Barclaycard about this loan, there was a history of them ignoring my letters and offers to pay, and I even had problems in obtaining their bank account details for them to accept my payments! I have received strange correspondence from them too, one referring to insurance which I did not have. They seem very disorganised! Barclaycard told me to pay "Masterloan" a while back and I now receive regular statements and arrears notices from "Personal Loans from Barclaycard" clearly marked Masterloan, they changed the account reference number! I have never requested a CCA on this account. I advised them of my change of address last September, but they are still sending, until today, statements etc. to my old address! I have received 2 letters from Barclaycard Loan today though, not opened them yet!!
    • Yes, a few months ago. They wrote back saying there was no CCA and the debt was unenforcable. I then started gtting bombarded with threatening emails from their 'litigations team' which have been sent to spam. I've now recieved the letter before claim with the PAP form enclosed, but still no CCA or even a letter from them to say the debt is deemed enforcable. Thank you.
    • That's a shame but not unexpected.  I'm not sure about your assumed  questions because I haven't been to court but I'm not sure about not accepting a criminal record. It could be a language thing but it isn't your choice unfortunately.  HB
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Arrow/Restons claimform - old MBNA debt


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Claimants ws + N244

properly redacted and ordered.

 

more tomorrow.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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notes to date:

 

does the CCA return contained in the claimants WS match the one you got back from MBNA in the MBNA sar return...

 

Well yes...you didnt pick it up.... that statement is signed as a statement of truth and a court will believe every word unless you point out their errors...which you will in your response witness statement in objection to their application for Summary Judgment

 

so ref point 2 of their witness statement clearly states that the defendant signed the credit agreement on 24/09/2008, the agreement they have produced under exhibit JEB1 in their witness statement is NOT signed by the claimant.

 

9 (1) that statement is not true,,, look at your defence...

 

more soon..

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Thanks for this so far.

Re: signature, why can they not argue this cca is signed, given there is clearly a digital signature box ticket on it with an IP address, doesn’t the law cover digital signatures as a normal signature?

 

Point taken about 9.1, in my defence I did dispute having the agreement

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The agreement is Illegible anyway apart from the IP address and Tick box...both which have been tampered with in black pen.

We could do with some help from you.

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The CCA matches the one MBNA sent me. That one is fully legible.

 

Which post number can that upload be found at ?

We could do with some help from you.

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Was never uploaded, will do tonight when home

 

Look forward to seeing that...never seen an on line application in that format before...amazing how it can print your IP address on the agreement...be executed and approved on the same date of the application ?

We could do with some help from you.

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Maybe...but thats been doctored.....online applications do not have a signature box...and the IP Address has been altered by black pen.

 

Take a look at the following thread post#45 this contains an online application

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?469002-Arrow-Restons-claimform-for-old-EGG-loan/page3

We could do with some help from you.

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please remember the golden rule

whatever MBNA sent you

 

you keep to yourself

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

  • 2 weeks later...

lets await the court date

if a hearing ever develops..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

  • 2 weeks later...

Hi

Court date set for 5 feb.

 

Got a notice of hearing of application with another copy of the witness statement etc

 

I really need this off my back,

 

is there any way to settle this directly with Restons?

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Contact Restons and ask if they would consider settlement by way of a Tomlin Order.

We could do with some help from you.

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What I mean is, can I offer a reduced settlement rather than paying the full amount?

 

As per my last post ring Restons.

We could do with some help from you.

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I'll ring tomorrow. I assume this won't change my case if I do still go to court?

 

No...if its not successful you simply proceed as per the directions...have you finalised your witness statement and disclosures?

We could do with some help from you.

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Spoke to the solicitor.

 

They rejected my offer and told me £6400 was the lowest they can accept.

 

They have asked me to put together income/exp and also details of supporting circumstances (personal/financial) to support a lower offer.

 

Question:

is it worth pursuing this and giving this info (i was going to do so tonight)? If I can get to a much reduced settlement I can find the money, save a CCJ.

 

Alternative they can offer payment arrangement for full amount.

 

question

again what happens

can I still offer reduced settlements say next year when I have more money?

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what do you expect from restons...

 

i still disagree with their 9.i you have never signed any agreement.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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