king100
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Lowell and 2 x Barclaycard Accounts - possible SBd.
king100 replied to king100's topic in Barclaycard
That I dont know, if it doesnt appear on credit file is it safe to assume its past 6 years? -
Lowell and 2 x Barclaycard Accounts - possible SBd.
king100 replied to king100's topic in Barclaycard
Hi Just wanted to check the best way to check if a debt if SB. I have checked my experian/equifax report and cannot see anything corresponding to the 2 debts in question, plus the free credit checks apps. I get various letters and also text messages asking me to contact them. What should I do? Possibly SAR them to check when last payment on acocunt? -
Lowell and 2 x Barclaycard Accounts - possible SBd.
king100 replied to king100's topic in Barclaycard
Last payment on one account from statements that they sent me originally was 14th Dec 2015. That is a Visa card, and that was direct to the card provider. The other I have no idea when the last payment was, and when it was would have been paid to the original lender. Notice of assignments I have no record of, as very long ago. I have never paid any of the DCAs that have been after it. -
Lowell and 2 x Barclaycard Accounts - possible SBd.
king100 replied to king100's topic in Barclaycard
Lowell is asking me to pay them, have had plenty of offers of discounts as well. -
Lowell and 2 x Barclaycard Accounts - possible SBd.
king100 replied to king100's topic in Barclaycard
Hi Sorry last payment made on the account was 2016 on one account. With the paperwork I have been sent. Both do not show on credit file. Both owned by Lowell. Barclaycard for both I believe. Have not moved since taken out. No CCJs on account. -
Lowell and 2 x Barclaycard Accounts - possible SBd.
king100 replied to king100's topic in Barclaycard
Moning Just 2 CC debts from ages ago. None of them appear on my credit file, that being experian or equifax. I did SAR one of them and the last date I can find when payment was due was in 2022. The other I have no further details. -
Hi Got 2 accounts that I believe are both SB. Is it a simple case of emailing them and asking when the last payment was made on the account or to SAR them and work when it was. Obviously me asking for last payment gives them the premises im going down the SB defence if they ever gor court. So SAR or just letter for larst time payment received on account. Thanks
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Dx100uk The issue i have with the default is the default letter was stating if you dont pay within 14 days blah blah blah and that was dec 2015. How come it takes them 6 months to register it as default. I always thought default is from last payment of the debt. Need clarification of when a debt is considered defaulted.
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Evening So tomorrow at 10 I have a video call. Is there any case law for them not complying with sending me the terms and conditions. Should i mention to the judge that the claiment has sent paperwork to wrong address, even though on my letter I stated new address, and also on an email, at least 3 weeks before they sent it. My defence is default notice is invalid. Case law as mentioned above and no terms and conditions sent as per sec78(1) CCA. Possibly PRA Group v Holmes. Im trying to cover all bases incase they say default notice in compliant.
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Do I need to post up their claim, i had to drive to old address to collect it even though i had emailed them ages ago with my new address. Trying it on. Emailed them 3rd Nov with new address. Their paperwork sent 22 Nov to old address. Ive also got someone elses default letter in the paperwork and still no terms and conditions. Claiming that ticking the elexctronic application is as good as. I also GDPRd them. In multiple quers it states New Query created ##/##/#### Agreement with terms and conditions. Reason proof of debt. Query sent to client ##/##/#### Response received from originating client ##/##/#### Query response - unfortunately we are unable to provide the application details for this account. The fact that they are relying on the application form in their claim. The application form from previous post.
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How does that sound? 14. The default notice is invalid pursuant to sec 87/88 of the CCA 1974 & The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 The default notice has to be accurate in terms of the arrears owed. In this case the £200 asked, is an overstated amount, from the £144.88 that would be needed to bring the account within the credit limit. This effectively ended the agreement as the £200 was not paid and the agreement was terminated on a wrong amount. See Woodchester Lease Management Services Ltd v Swain and Co. It could also be considered as unlawful rescission of contract which would prevent the Court enforcing any alleged debt. That is because the agreement was terminated on an incorrect arrears amount requested.
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