Just want I wanted to hear, thanks Scott

Hi

Can anyone tell me who the 'Notice of Assignment' must come from for it to be legal?

Is it the original company who you had the credit agreement with or can it come from the DCA that has brought the debt?

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Can anyone help please???

I won my set aside and as part of that I had to submit a defence against the original claim to the court and the other party, which I did. The claimant had to submit their reply to my defence more than 6 weeks ago but they have not done this. I have written to the court to ask for the claim to be struck out as the claimants have not replied. The DJ has said that an "application on notice is required". What is this and what do I need to do?

Thanks Lilly and Sergant, just what I needed.

Can anyone point me in the direction of where in the consumer credit act it say that terms and conditions cannot be agreed orally/verbal as I need it for my defence. I believe it is in there but just cannot find it.

Many Thanks

Cookie

Hi Tali

As the accident was 9th March I would recommend that you write to them saying that they have had 90 days in which to resolve the matter which is more than reasonable, and that if they do not take action to resolve the matter within 14 days you will take court action.

Make sure you sent it by recorded post and keep a copy. If you do take them to court make sure you state that you have given them plenty of time to resolve the matter outside of court as my solicitor told me that the courts don't like it if you rush into court action when it can be settle outside of court. This will also look bad on the TP and count in your favour.

Have the TP admitted anything in writing (even if it's only admitting the accident but arguing the damage). If this is the case you should have an easier time at court.

Sorry, I can only be of limited help.

Cookie24

Hi Tali

I had exactly the same problem in 2007. TP insurers did everything they could to drag their feet and not payout. I had TP insurance with no legal cover but my insurers put me onto a no win no fee company that dealt with it all (although I suspect this was more to do with the injury claim). The solicitor said the TP insurer has 90days to resolve a claim before court action should taken. I basically did all the work because the solictors wouldn't push anything. The TP insurers only concided after the 90days was up.

I would advise that you write to both the TP & their insurers giving them 90 days from the date of the accident to resolve the matter or you will start court proceedings (the solictor told me that we had to give them 90 days because if you take it to court earlier the court may view that you have not given them enough time to resolve it). Also keep pushing any evidence (photo's or witness statements) on them. They will drag their feet and try to call you bluff but you just have to be persistant.

Did the TP admit liability?

Phoned the court today to find out why the set aside application still hadn't been dealt with and was informed that it was at 2pm TODAY!!!!

Turns out court had sent information to address on original CCJ rather than the address I gave them. Luckily managed to dash down there but was not prepared and had no paperwork with me.

It was a ot easier than I thought. The judge questioned me over the 3yr time lapse and what my defence would be. Then granted the set aside. It was all over and done with in 10mins!! Some how I don't think the next bit will be as easy. I have 2 weeks to submit my defence to the court and Barclay's.

Hi Wilma

You can justify your costs by asking for the cost of your time to research and file the claim. This is not unreasonable as if you had used a lawyer you would have the right to claim for that. The courts allow you to claim a set rate of £9.25/hr for your time. As B/C have dated the information 1/4/09 they can hardly claim your court action was not required and therefore a claim for your time is justifiable.

With regards to the PPI are you saying that they are refusing to cancel the PPI (ie they are still adding it each month) or that they are refusing to refund what you paid between Mar 06 and Feb 07?

From what I understand they cannot get the CCJ if the loan was statute barred at the point they applied for it, however if they got the CCJ before the loan was classed as SB then the CCJ would still be valid. Below is a quote from an independant website that explains it. If you can show that the loan was SB at the point that the CCJ was granted then I would imagine it would be fairly easy to get it set aside. If they have lumped several debts together and only one of them is SB you should still have a case for getting the CCJ set aside but I would expect them to reapply for a new CCJ for any of the debts that isn't SB (but this gives you the chance to defendent if they cannot produce a valid credit agreement etc). With regards to reclaiming the fees you need to make it clear to the judge that you wish to claim costs if you win, but I'm not sure at what point you should state this, hopefully someone will come along soon who can give you guidance on that. You can also claim for your time to research and defend at a set rate which is around £9/hr (sorry cannot remember the exact amount).

You can argue that the creditor is out of time or “statute barred” from taking you to court for this debt:

if

• The creditor has not already obtained a judgment against you
  

and

• You, or any one else owing the money (on a debt in joint names) have not made a payment on the debt during the last six years
  

and

• You have not written to the creditor admitting you owe the debt during the last six years.
  

Hi Loobyloo

Has it been 6yrs since you last acknowledged this debt (ie any payments or written correspondance from you)? Because I believe this is the key point, the debt may originate from more than 6yrs ago but it will only be statute barred if you haven't acknowledged it in the last 6 years. If that is the case you should be laughing!!!

Morning

There is a thread from another CAGGER which was for the same circumstances as you. They had a Morgan Stanley Card which was sold to Barclays and Barclays tried to provide a Barclays agreement.

That CAGGER won, so take a read of their thread.

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/168312-morgan-stanley-cca-received.html

The loan was from around 2002 so definately before the 2006 amendment

Set aside has now been file so fingers crossed will get a hearing.

Thanks Davy & Mo for your replies.

They haven't said anything but they don't know that I am doing a set aside yet. What got me wondering is I have a copy of the court CCJ document and it just says monies owed to the bank, but makes no reference to CCA 1974 yet many threads on CAG mention CCJ where it does refer to CCA 1974. They obviously know there is an issue.

Just trying to predict the arguements that they will come up with cos I have them over a barrell with the written agreement, no T&Cs etc.

The way I see it is under the CCA 1974 they have to have a license to provide consumer credit, and therefore all the credit they provide is under that license and covered by the CCA. I did not receive the loan or make monthly repayments within my wage packet, therefore how can it be considered anything other than a normal loan (just with preferencial rates because I was staff).

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Can anyone advise me on whether Barclays have any case in denying that the loan is covered by the CCA 1974, ie can they say it is a verbal agreement as no written agreement exists and therefore the CCA 1974 doesn't apply. I think it should be cover by the act but am just wondering if they can use it as a loophole.

I have done a lot of reading of the CCA 1974, and under the act Barclays are required to have a licence to provide 'consumer credit', which obviously they have. Does this mean that all the credit they provide is covered by this act? What constitutes a 'regulated agreement'?

I got a copy of the CCJ paperwork and Barclays made no reference to the CCA but I have read on many other threads where the CCJ paperwork mentions the claim is under the CCA.

I am filing my CCJ set aside paperwork on Monday, so fingers crossed!

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Meant to add as well that didn't want to sort it through CCCS as they will just tell me to roll over, and I am done playing nice with them, especially when they have no credit agreement.

Am worried though that if I don't get the judgement set aside the loan has in effect become enforceable by the CCJ when it was otherwise definately unenforceable.

Have just received a letter from Barclays to say that if my arrears (the full outstanding amount) is not paid within 7 days they will apply to the court to get a warrant of execution or attachment to earnings. I have been paying them £100+/mth through CCCS (which they have been perfectly happy with for the last 2 yrs) but they want more as the CCJ is for £575/mth. As the first I knew of the CCJ was on thursday I asked them for copies of the CCJ which they point blank refused to send me. From reading some other threads I am going to apply to the court for all the documents but I'm expected this to take more than 7 days to receive, so need some help on what to do to hold them back in the meantime.

If I get a copy of the all the papers that the court that issued the CCJ has for the case, can I also use this in my defence because the credit agreement will be missing therefore the judgement was made when no proof of debt was provided.

How do I prove that Barclays has had the wrong address all along, dispite me giving 2 different addresses to Westcott (who they passed the loan over to before taking it back). Westcott were contacting me at these addresses but when Barclays phoned me they they quoted a really old address, so obviously Westcott didn't update the addresses with them, hence why I never knew about the CCJ. I think I need to do a SAR but from what I have read I need to do this to Barclays, so do they need to include all the stuff that Westcott had on me?

I want to plow straight in with the set aside but need to get a whole copy of my file from Barclays/Westcott. Is it best to wait for the SAR or can I request all the information as part of the set aside?

Any help much appreciated.

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Hi, thanks for your reply Last of the Mohicans

Not sure if I should show my hand straight away, and tell them straight out that as there is no credit agreement I will be applying to get the CCJ removed. I am hoping to get the CCJ removed on the basis that with no credit agreement ever existing it cannot be enforced by law. And then off the back of that hit them with 'it's unenforceable'.

Any thoughts?

Hi All

I'm hoping some of you more experienced people can help me out with this.

I have a loan with Barclays that definately has no credit agreement and want to dispute it as unenforceable. I have been paying it through CCCS and have just found out today that they got a CCJ against me in 2006 which I knew nothing about (they had the wrong address at the time dispite me giving it to Westcott) and they didn't think to mention it in the last 2 years. Obviously I am pretty p***ed and now want to get the CCJ removed and the loan acknowledged as unenforcable.

I am sure there is no agreement as this is an old barclays staff loan, and literally all I had to do was call up and ask for it, didn't even need to give my income/expenditure (a bank acting irresponsibly, who would have thought!!!).

I have read quite a few threads and realise that I need to do a CCA/SAR for a copy of the agreement, but as I know the answer to this already I am thinking ahead. Firstly I want to do a set aside to remove the CCJ on the basis that I knew nothing of the court action and didn't have a chance to put in a defence, plus with no credit agreement the loan cannot be enforced Is that reasonable and what do you think are my chances of getting it removed?

Would be grateful for any help!

Thanks xxx

I used to work for Barclays (left in 2002). We were told that they only kept paper records for 6yrs (as this was the legal requirement) and recorded phonecalls for 4 yrs (although this may only be for the barclaycall function which is branch and telephone banking). Not sure if this is completely accurate but was what we were told during training.