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About vuk1958

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  1. I have written confirmation by CapQuest stating: We were not aware of any existing query when account was passed to us, therefore we are closing the account on our system. This is in 2008. As previously, I do not know whether BO&Scott had control or not but Halifax stated in their letter from 2006 that " they do not have any control over the debt management" and all communication should be addressed to BO&Scott. This is all confusing as it is unclear who sold debt to CapQuest??? Naturally, i wrote two letters to CapQuest - Recorded Delivery, second letter written as Letter befor the Claim, asking for information to deeds of assingement, default notice copy, agreement copy etc. They repplied with the sticker-not a letter, stating - Contact original creditor. I am not interested in original creditor as CapQuest is processing my data with no control over account. However, who to contact now. I called OFT and they state - we do not deal with individual complaints talk to Trading Standards or FOS. I did, absolutely no help there. Yes, there might be regulations and Law but very difficult to enforce it. And, I contacted Experian - that is absolute joke. TRhey state that CapQuest is trusted source and they cannot do anything but would forward " request for information". I asked whether they would ask for default copy, agrement etc. No, they stated, we would take their statement. CRAZY, so they can state whatever they want and because they are " trusted" information stays with or without proof.
  2. This relates to debt from 2005 with Halifax. I was battling with them for 8 months in reference to Credit Agreement which they failed to produce. In 2006 they sold account to Blair Oliver &Scott. I disputed that transfer but was told by Halifax ( letter confirmation) that they do not own account anymore and all corespondence should be addressed to BO&Scott. I disputed BO&Scott their rights to handle this alleged debt and they simply vanish with no trace. In 2008, out of the blue CrapQuest appears as " legitimate owner" of the debt and they tried together with their "legal guns" HL Legal Solicitors to claim debt. I disputed their rights to debt and after two months they send me letter confirming that they are " closing the account on their system". However, when i checked my Experian file I noticed that they kept processing my data together with Default filed under their name with false amount and wrong date. When I wrote to them thay simply sent unsigned and undated notice stating - contact original creditor. The question is - who owns it now. Halifax or BO&Scott or CapQuest. What is my next step - FOB, OFT or Courts. I find all organisations, appart from Court, fairly impotent and slow.
  3. Firstly, i have to congratulate consumer Forums for supplying to me a book Small Claims Procedure by Patricia Pearl which i purchased some months ago. This is not advertising to it - but it helped a lot so members could buy it and at the same time help this wonderful site running. I just completed Allocation Questionnaire and place the Draft Order ( as per consumer Forum expample) requesting all pages of document. It is worth saying that I (we ) are Claimant and we request that pursuant to s78(1) document to be produced. I(we) do not question the agreement/application being enforcable or not , but claim that they should stop acting on account pursuant to s78(6)(a) until their default is rectified and also refund all money they obtained ( forced ) throughout the period of their default. So, it would be quite interesting here to see how it works from this angle as it is mainly them who are Claimant and us Defendant and is always us who are kind of not paying and they are the one who are issuing defaults and shattering credit records. If Consumer Forum team want to help here this could be quite interesting for all members as s.78(1) and its non complying s78(6)(a) subsection is in my view sidelined and it would be quite usefull to see the outcome of this. The main question is would Judge order them to supply the agreement or he/she would just send usual order as to exchange documents 14 days prior hearing. I also need to know whether it is good idea to submit the Application form for Defence to be strucked out as request of one of my claims was to SUPPLY ALL PAGES OF DOCUMENT. In their Defence they supplied only 3 - This surely could classify as - "Defence is bound to fail". Also, the Defendant is Defending under non existing trading name, or name which expired in March 2008. Is this contrary to Business Names Act 1985. I hope Site Team could assist.
  4. OK, interesting development. HFC filed defence but used name of Defendant as: HFC BANK LIMITED T/A HILTON HHONOURS CARD This is surely false as HFC and HILTON HONOURS parted company in March 2008. As Defendant name is " false or misleading" or relate to nonexisting company should i use this to strike out the Defence. Aditionally, 4 pages of Agreement which contains 8 pages are supplyed with Defence ( although Particulars of claim request all 8 pages to be produced). Does it mean that Defence is not filed correctly. Any thoughts on these as i have to file Allocation Questionnaire and possibly Application to strike out the Defence.
  5. I received the following Credit Agreement ( Credit Application) as result of my request under s 78(1) As per my knowledge: 1. Agreement( Application) should have 8 pages in total but creditor sent only 4 pages. They claim that they do not have other 4 pages as these were submited via Internet( not true)and I should have them. I believe this is contrary to CCA1974 2. The subscibed items refer to various clauses which could not be found within the document . Eg. Total Charge for credit refers to clause 3f although this clause is nowhere within the document. 3. Page six contains my signature, although if it was submited electronicaly signature should not be there( just a signature box) so i believe Page 6 was constructed later. No signature from creditor. 4 Right to cancel details were never disclosed or posted 5. Pre - contract information were not suplied 6. The date of application and date of approval are only 3 days difference, so no time was given for the cancellation - is this significant 7. This application was made through HH Honours Platinium card which is mentioned on Page 7( for aditional cardholder) but no mention of it on Page 6 ( Principal cardholder). I believe that they do not relate to each other. 8. Page 7 refers to Document as Application but Page 5 refers it as Credit Agreement although both has same number. I include copy of it in attachment Finally, could i have a email where to send some donation as you guys are doing great job and i believe each of us should send something.
  6. Got warrant paid. However, MBNA continues with payment demands. Shell I put the sam POC and start new N1 claim and at the same time pay their demands. In my case is reversal. I am taking them to Court for continuing acting on the account while in default/ofense, contrary to s78(6)(a) I believe they do not wish to appear in court defending such a low amount of money ( £150.00) as it probably cost them 10 times more to defend it or to appear in Court and even if i lose they do not get their costs paid.
  7. Yes, just received another leter from barclaycard sending the Barclaycard conditions and stating: Agreement between us ( Barclaycard centre Northampton) and you the person who signed the agreement ( as named on the covering letter). All 3 letters are sent on same date and other two letters indicating that agreement would be sent "under separate cover", so i believe this is the agreement - just copy of terms and conditions. I am completely shocked with this level of vioalation by BC. Furthermore, this is posted from their Northampton Centre. Why would they set aside the Application made to their address in Northampton if that is the address I was communicating with. At the same time I received the final payment demand. I now decided to pay that demand, send the covering leter advicing their default/offense and then request money back through N1 claim at later stage. Let me know what do you think.
  8. Yes, £75.00 i put them as Respondent I left Northampton address, I juist realised that could be a mistake. However, surely they should inform the Court of their litigation address - well, shell i wait and see what happens
  9. Yes, I stick N244 application. Initially the court clark at the desk refused to take it as "there was no claim going", but I had to reffer her to CPR23.2(4) so off she go to judge and after 10 minutes she is back accepting the N244. I sent 3 letters LBA to Barclays requesting the original documents under CPR 31.16 and warned them against costs. I stick all my correspondence with them to my application, dated and in order. I hope judge would read that - if?? Now, Judge can say - Barclays sent you documents under s78 and satisfied your request - why do you want original "agreement!". Is it my right to have it or that could be classed as "not needed" and abuse of court. I know they get those "clever barristers" in and in front of Judge you look like "amateur" wanting your rights. The problem is CCA1974 section 78 request is one thing and Regulations of what can be included in the copy is another. They seem to contradict each other and that allows them to send you "nothing". Do I just waste my time or there is true prospect of simply sticking to "I have right to get original agreement in it's unaltered form".
  10. Started my thread under Barclaycard , BarclayCard - I filed an application under CPR 31.16 I spoke to court and they said judge is on holiday or so - I am worried that application could be refused. Also who would pay for this application hearing. i believe they should as I asked them 5 times to supply doecuments -they didn't. surely that is " no cooperation with pre action protocols".
  11. Quick question I filed an application form with Court re:Barclaycard to provide the credit agreement pursuant to CPR 31.16 as they failed to do so despite number of letters over the period of 2 months were issued with same request. They simply IGNORE and keep on sending the same crap. So far I haven't got any letter from court confirming any action and Barclaycard continues with payment demands. Also, no agreement from Barclaycard just letter stating that they do not have to provide me with it ( apparently regulations allows them that) and just usual irrelevant T&S Does anybody know what way i should address Court and would Court issue them an order to supply the agreement or Application would go to hearing.
  12. Problem is - that is Warrant for money which i already pay them before. The main question is HOW TO STOP THEM ACTING FURTHER, as they seem to be quite ignorant. They simply continue with payment demands as nothing happened and no reply to any leters - just complete silence. Offense in CCA 1974 is not criminal offense and there is no much to do about it ,appart from writing letters to various organisations who take 6 months to reply back and then just slap them on the wrist ( ICO).
  13. OK, this could be of interest to all members. 1.I gotMBNA on default/offense under s78(1), failuire to produce an Agreement. 2. I paid all their demands ( I believe this is cruicial or they simply deafult you) throughout their offense ( 3 months) 3. Then i stick N1 claim and included all their violations and requested money back +Interest 4. they filed Acknowlidgment of Service - but never defense 5. I got Judgement in Default 6. They didn't pay it so I issued Warrant - this is now pending 7. However, they completely ignored all that - and send another payment request + interest+ penalty for not paying last statement. The main question - what next, how to force them to stop and how to prevent them from filing default - this is their main weapon I got sugestion to continue paying and continue filing N1 claim form after I pay and keep going like this until they get tired - any different suggestion.
  14. Thanks, I throught of doing that but i was worried how court would look at that and i wasn't sure whether this is within Court protocols - same claim twice or more. However, if you had an experience with it - fantastic, off to court on monday. You are great, thanks for lightening the tunnel . just few more questions: 1. do i stick the same particulars of claims as with first claim 2. If they failed to produce defence on first claim , do they have a legal right to suddenly file the defence on new claim based on same particulars of claim of undefended one. 3. Can i legaly base my new claim on existing claim and claim there was no defence to it - any advantage to that I am not that worried about their defence, just want to follow proper guidelines. Thanks a lot, sorry to bombard you with this, this site is absolute gold mine.
  15. Yes, MBNA simply ignored court judgement and continue with charging as if nothing happened. They didn't file defence - just complete ignorance. Warrant is issued and I am awaiting the result of it. However, the usual monthly statement with charges+interest +late payment penalty arrived again. So - what to do, I am absolutely stuck here. Do I pay then issue another N1 claim to get this money back or what. 2. Agreement is an application where they even state it is not clear in parts - means no legible. It is all style application form. My problem is if I go for "unenforcable" it would be Part 8 + fast track. I prefer if I can somehow stop them charging and let them prove that Agreement is OK. Surely without court order to enforce agreement s65, they shouold not act - but what is the way to legally stop this if they ignore anything including judgement - amazing. I would do my own thread on this as soon as I get Warrant result. This could be interesting development which could be of use for others as well.
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