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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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FOS ruled in my favour Against Fat Prophets - but!!!!!


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use the internet well.

 

particularly sites like the fca register / 192.com..etc , get the names and addresses of all the company directors/treasures/secretaries etc

add those details to the info you send to the HCEO..

good luck

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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Im fairly certain you have to use the N322A to enforce the order if they respondent fails to comply with your N322.

 

Refer to CPR 70.5 on how to enforce.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part70#IDAQB0HC

 

This could be tricky considering its an Australian based parent Company and it may require the corporate veil to be pierced.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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  • 1 month later...

Finally there's been some progress.

 

Yesterday the the Financial Controller of Fat Prophets Australia contacted me about settling the claim in installments.

 

They have proposed

1. a settlement deed, that will obtain the agreement amount and timeline.

 

2. the notice to the court of the deed agreement, once the deed is agreed by both parties.

 

I have attached both files which are word documents for someone to please review and let me know if they are fair and reasonable.

Fat Prophets will be calling me this evening to discuss the amount and timeline.

 

The sheriffs called me this morning to ask if I want the enforcement to proceed.

I've asked them to hold off for now as we might have an agreement done soon as the Sheriff's were going to seize their goods today.

 

The sheriffs have said if I enter into an agreement with Fat Prophets they will require their fees which are around £4000 so far to be paid immediately in full.

 

Thanks for the help.

draft Settlement Deed - MF & AE.doc

draft Tomlin Order - MF & AE.doc

Edited by dx100uk
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you add HCEO fees to what want out of FP I think

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... 

Link to post
Share on other sites

but that's not in the written agreement that I can see?

just a small point...

 

a tomlin is confidential, should you be publishing this or lets run with its not the final draft so is not relevant yet....:lol:

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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They weren't aware of the Sheriff's charges when they did the draft so that will have to be added in along with correct dates and amounts. Do those draft documents seem reasonable in your opinion?

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  • 6 months later...

Thanks for the update

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  • 4 months later...

That's great news. Thank you for updating us. And also I'm emailing you a big thank you for your  donation.

 

You had better check your spam folder

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You're welcome. I've received your email. It was in the spam.

 

I've received advice and encouragement on this site and it's not the first time either so it's only fair and right to also give back.

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