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Everything posted by Loser4u

  1. SAR'd OC and have got copies of C.C.A, statements, Default notice, Letters they sent & log of all calls and letters received by both them and me but no notice of assignment. Debt is assigned to DCA who says it was assigned in November 07- I have a copy of them saying it has been assigned to them. On checking the statements from OC they have a zero balance showing from August 07 onwards and statements covering November, December and January all show zero balance all from the same year. Have they slipped up or can the write the balance off and then assign the debt with the pre written off balance some 4 months later ?
  2. [quote=eden gardens;1909561 Hi Guys Also i spoke to 1st credit the other day (now know this was not the right thing to do). As normal they wanted half the debt now. Which is just unrealistic. Have i made things more difficult by speaking to them i offered them £70 per month (i pay £40 at moment). Also don't know if i should sit tight and see what happens or go down the set aside route?] Don't worry about what you offered as they take no notice of anything you say or send even when its recorded delivery. I carried on paying Barclaycard when they took over the account. Follow the advice on here like I did and get the SD set aside don't let them win by default. I won because they didn't even bother to show up. So instead of them getting regular payments they ended up with nothing and out of pocket as they paid my costs for the trial.
  3. Once its been delivered get your confirmation of delivery and keep it as even with recorded they will claim they didn't receive it right up to the point you tell them who signed for it and on what day and ask them if they want a copy of the delivery record but state they will need to arrange a courier to collect so they don't lose this as well!
  4. Defence has been submitted including reference to the unlawful charges applied to the account. For info the charges were added after the DN had expired and after a formal demand for full payment was received and it deadline had expired. Also added in about my CPR18 request and as the information received so far made no reference to my request I can't determine if I have all the relevant information yet for my case. As a result I'm unable to complete a full defence at this time. Wait for the court date and or Shoosmiths response now - Thanks for all the help so far
  5. Thanks for the advice - I will amend defence to include about the charges being unlawful Does the initial defence need to be in as much detail as that above as this is the outline for the reasons for defending the case at this stage.
  6. If I have understood the information from 42man's posts correctly the invalid DN is enough on its own. As a bonus a formal demand for full repayment was made after the deadline for the DN had expired so this is confirmation that the agreement has been terminated. As the DN is invalid and the account has been terminated the maximum that could be claimed is the amount of arrears as specified on the DN. If this is correct should the payments I have made since the account was terminated be deducted from the total balance or from the amount of arrears at the time the DN was issued ?
  7. Can you review this and advise if it is a suitable defence Thanks In the xxxxxxxx County Court Claim number xxxxxxxxx Between xxxxxxxxxxx- Claimant and XXXXXXXXX - Defendant Defence 1.Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof pursuant to Civil Procedure Rules (“CPR”) Part 16.5(1)(b). 2.The Particulars of Claim disclose no legal cause of action and are vague and insufficient. They do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the method the claimant calculated any outstanding sums due, or any default notices issued or any other matters necessary to substantiate the claimant’s claim. There appears to be doubt as to the actual date of the default notice as well. 3. It is neither admitted or denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant. I note that without service of a default notice under s87 (1) Consumer Credit Act 1974 the claimant would not have a right to demand repayment of any sums under an agreement or to terminate an agreement 4. On 22/12/2008 the Claimant sent me a copy of the Default Notice. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended by the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237). These state that a clear period of 14 days must be allowed from the date of service to allow the debtor to rectify the default. The default notice was dated Sunday the 16/09/2007 so the deemed date of service was 18/09/2008 and required action to be taken before the 30/09/2008. See Exhibit A1 The default notice failed to give 14 clear days from that date so is ineffective 4. Notwithstanding the above paragraph, I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. 5.Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but would also give rise to a potential counterclaim for damages where damage occurs to my credit rating (Kpohraror v Woolwich Building Society - [1996] 4 All ER 119) 6. In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the claimant’s statement of case should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16. 7. In addition it is drawn to the courts attention that schedule 3, s11 of the Consumer Credit Act 2006 prevents s15 repealing s127 (3) of the 1974 Act for agreements made before s15 came into effect since the agreement is alleged to have commenced in 2004, the Consumer Credit Act 1974 is the relevant act in this case should it be suggested that this agreement comes under the Consumer Credit Act 2006. Statement of Truth I believe the above statement to be true and factual Signed ………………… Name Date
  8. Hi I have recieved a claim form from Northampton CCBC dated the 3/12/08 with Shoosmiths acting on behalf of Alliance & Leicester - no supporting documentation with the claim. So followed the advice on various other threads on here and made a CPR18 request. They replied with their usual letter that this is not a fishing expedition and that they will endeveor to send the documentation out by the 22/01/09 Made AOS on 15/12/08 and received the following below dated the 22/12/08 along with a statement of account and a formal demand for payment dated 1/11/07 "http://i49.photobucket.com/albums/f288/Loser4u_2008/Page1.jpg" "http://i49.photobucket.com/albums/f288/Loser4u_2008/Page2.jpg" "http://i49.photobucket.com/albums/f288/Loser4u_2008/Page3.jpg" "http://i49.photobucket.com/albums/f288/Loser4u_2008/Page4.jpg" "http://i49.photobucket.com/albums/f288/Loser4u_2008/Page5.jpg" All the documents have the correct account number. Page 1 and 2 have bar codes and page 3 doesn't. On the POC they refer to a default notice - 2/10/07 which doesn't match the dates on the default notice. What is my next stage as I need to submit a defence by the 5/1/09
  9. No doubt they will start chasing me again, but without that copy agreement they won't get a penny I won a while back and haven't heard a thing for a few months. They don't even phone anymore and i'm missing our chats. They and Barclaycard are still investigating my complaints against them. 8 weeks is up soon so next stage is OFT complaint and more costs for them.
  10. Anyone want to join me in sending a "Thank You" card to 1st Credit (Printed names not signed) Their actions led me to finding this site
  11. I know you should never speak to them on the phone but I couldn't resisit. Cheered me up no end when they didn't want to speak to me anymore. Strange that they haven't phoned me aor written again for over a month now and I'm still waiting for them to take me to court as the said they would be. I even gave them the address of my local court to save them the trouble of looking it up after explaining I had just been there with another DCA
  12. Do the c.c.a. request now don't wait for the sd to arrive. If they can not produce a valid C.C.A. then this is grounds for having the S.D. set aside.
  13. Yes - I'm looking forward to a day out with the family and a night out with my wife all at 1st credit's expense. The more people that get their costs the more chance we have of stopping this being used as a tatic.
  14. It probably was a bluff but don't take that chance you need to treat it as real. Get your C.C.A. request off asap by special delivery and then S.A.R. the original creditor. Have a search on for Statutory Demand and look at the reasons other people have you used. Mine was based on no C.C.A. Unlawful Charges, no notice of Assignment, No default notice. I used the text other people had used to complete the forms. I used the defence from here I was c***ing myself I only spoke with the court twice once when I took my forms in to apply for it to be set aside and again today and everyone was very helpful. I waited for the last minute before I submitted the forms so that the 12+2 + 1 month dealine would be up before the court date. I can scan my form in if you want but you will need to adapt the detail to suit yourself and their may be other reasons you can defend it from looking at the threads on here.
  15. Hi I got the following in today’s post from Blair Oliver & Scott I sent a C.C.A. request by recorded delivery that was received by them on 30/06/08. Nothing received from them in relation to the this request and I stopped the next months payment after the 12 working days where up. Your repayment arrangement of £@@[email protected]@ is now due for review. It is important that you call us on the helpline number below to discuss your monthly payments. Your existing payment arrangement is now due for review. It is important that you contact us on our Helpline number noted below to discuss increasing your monthly payments. Please have details of your income and expenditure at hand to enable our experienced operators to assist you. Please continue to maintain your payments to the account in line with the existing agreement while this review is taking place. Yours faithfuily, 8-ttoJi Blair, Oliver & Scott. Helpline Number: 0870 240 5138 Also in today’s post was the attached in relation to my S.A.R. request that they received on the 28/07/08 The information you requested on the above account(s) has now been ordered. Once these documents are ready they will be sent direct to you. If you have not received all requested documentation within the next two weeks then please feel free to get in touch. In relation to your request for information about any manual intervention on your accounts. As the Halifax is not required to record this information I am afraid I am unable to assist you further with this request. Details of how we make use of personal information can be found at www.bankofscotland.co.uk/securityandprivacy or www.halifax.co.uk/securityandprivacy. The registered data protection notification details can be found at Information Commissioner's Office - ICO. If you have any difficulties accessing either of these pieces of information please let me know and I will be happy to forward you a printed copy of either document. Yours sincerely Rachael Thornton Data Subject Access Request Team Customer Relations Do I need to complain about the 1st letter as they are asking for payment while they account is in dispute or do I wait for the data to arrive from the Halifax? If I complain what should I write and to whom. Thanks
  16. Good luck with this I had the defence from the above ready for mine today and the other side didn't turn up.
  17. Been to court today and got the stat demand for below set aside S.A.R - (Subject Access Request) Barclaycard Quey I was c***ing myself while sat there. The judge was suprised the other side hadn't turned up and would have ruled in their favour if they had turned up and if they had the relevant documentation. She said that she would be suprised if they didn't have the nescessary paperwork and this was the first time she had seen a stat demand used in this way. I did reply to say that there are some big "IFS" there since they hadn't turned up and they hadn't supplied the paperwork despite the recorded requests to both 1st credit and Barclaycard. A big thankyou to all on here who have both been through this and helped by posting the defences they have succesfully used and for the information in getting costs against the DCA. To everyone about to go through this good luck and don't forget to get your costs.
  18. I have kept all the letters they have sent me from both them and Mercers their in-house debt collection team so do I already have proof of their non-compliance? I haven't got a default notice nor do I have anything from them assigning the debt to 1st Credit. Barclaycard made a formal demand for payment on the 16th January. On a statement dated 11th January the balance is zero with the credits made on the 28th December.
  19. I'm fine with the Stat demand and getting it set aside I am querying the data Barclaycard have sent in my 1st post and if their should be any additional data such as a log of correspondence etc
  20. I was making regular payments to this debt at an agreed rate with Barclaycard. 1st credit took over and ignored everything that was already set up including all correspondence. (I now know this is normal for them.) I carried on making payments and they sent a stat demand as usual by 2nd class post. I searched for stat demand and came across this site. In summary the stage I am at I have applied to have stat demand set aside using the reasons I don't acknowledge debt with 1st credit Amount disputed due to unlawful charges No notice of assignment The actual text used is from other posts as advised on here Court date has been set for 13th Aug - I will be pursing costs and have adapted costs used by others who have successfully had stat demand set aside and asked for costs. Sent C.C.A. to 1st credit and the 12 + 2 + Month was the 7th Aug – No agreement received. They have acknowledged receipt and confirm the account is in dispute. (Stat demand was sent before the C.C.A request) Sent S.A.R. to Barclaycard for all data they hold. I used the standard template letter with extra lines as advised in other posts to request all data including my credit agreement, contract etc. 1st credit already had copies of my signature in previous letters I sent before I came across this site so I wanted to check that any data 1st credit might send me matched Barclaycard data.
  21. Anyone help with query? I recently S.A.R. Barclaycard for all data they hold on me they have sent statements only and say "this is all the data they hold on my account" Should they have also sent me the following copy of default notice - I can't remember getting one CCA - Requested this from 1st credit as well and neither have sent it Notice of Assignment to 1st credit Copies of correspondence from both them and Mercers I kept all letters received and I have a formal demand for payment made 5 days after the statements show a zero balance. Do I complain and say they haven't sent all data and is there anything else I should have received?
  22. I used the standard one with extra text as advised elsewhere on here and on other sites to include all data, Contract and Credit Agreement. Their letter states on the last 2 lines "this is all the data they hold on this account"
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