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mcg68

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  1. Update. I called the Bailiffs and explained that the fine has beem paid in full. They advised me to call Torbey Council which I did. They told me I was late in paying the fine so the court action was taken which costs £7. I argued that I have never been notified of the outstanding charge of £7 and apparently I was sent a charge certificate but I have not received this. I now have to call the TEC for a Late Witness Statement to say that I never received the documents that they claim to have sent me. What a total total pain in the arse.
  2. This was on a main road, our parking ticket expired by about 10 mins, when we returned we had been given the fixed penalty notice by a traffic warden I presume? Total amount outstanding (total debt) is £7 plus the £75 compliance stage fee, then if the £7 was the Court Registration Fee as advised by BA, then there was NO DEBT. So I really don't know why I received this. Seems pretty harsh to be honest. What is the TEC? Also, if I was never notified of any further charges for paying late over and above the original £75, surely they can't hold me accountable for this £7 plus the £75 costs?
  3. I have never received either a charge certificate or an Order for Recovery. Since I spoke to them to arrange paying in three £25 installments, I have not had any communication from them whatsoever. Until this. Having already paid off the fine in February, they have issued this warrant on March 19th ???? Why would they do that?
  4. Hello, In July I got a parking ticket in Torquay for £40 which was the usual, pay only £20 if paid within 14 days. We live in Glasgow and by the time we got home and unpacked and cleared out the car, we lost the ticket, probably chucked out with all the crisp packets etc. So, I eventually got a letter to say that I hadn't paid the fine and was now liable for a total of £75. So I arranged to pay £25 per month un to 15th Jan. I paid the first installment on 29th October and then I forgot about it until beginning of Feb, so I paid £50 to square it off. Today I have received a "Notice of Enforcement" for an outstanding amount of £7 (which I have never been notified of although Im guessing its for late payment) with another £75 added on for "Compliance Stage Fee". This action was apparently raised at Northampton County Court. Any advice from anyone as to how I can get out of having to pay this £82 as I really cannot afford it. Thanks, Mick
  5. Hi, Today I received a cheque from RBS for a Service Charge Refund relating to an account that I closed in 2008. This was a business account which was me trading as a business name so the cheque is made payable to "MY NAME T/A BUSINESS NAME" My question is - can I pay this cheque into my personal account which is with Santander? Hopefully as my name is on it it won't be a problem? Thanks Mick
  6. Just checked Noddle (hadn't heard of them before) and there is no mention there of the Mint card. I also checked on checkmyfile.co.uk and nothing. It hasn't been on there for years either. So, what does it mean when it isn't on my CRA file? Is that a sign that the debt has been written off, possibly at the time of the Account in Dispute letter?
  7. Solicitor advised not to take the chance going to court and advised me to offer them 50% to settle the account.
  8. Thanks Spamheed. That does help. Off to see a solicitor just now to see what his take is on the whole thing. I think I will end up in court and pray that the judge laughs them out the door for not having anything concrete to go on. Will let you know what he says. Thanks !!
  9. First of all, apologies as there is another thread in the Legal Issues forum relating to this. But I wanted to start a new thread specifically to get some feedback on this SAR response from Barclays on an old Egg card. Am currently going through the process of defending a county court claim from Marlin Europe on an old Egg card on the grounds that I placed the account in dispute in 2009 with another DCA (Capquest) who then dropped it. Long story short, I sent Barclays a Subject Access Request and received their reply the other day. This is what they sent. Can anyone advise if they have a proper case against me and why the balance has been showing as £0.00 since Dec 2011?? I assumed that they would have sent me the original credit agreement, all statements detailing transactions, payments, default notices, transfer to DCA's etc etc etc. Well here is what I got.....:- 1. A covering letter which says they have enclosed "copies of information held by Barclaycard" 2. Some info and some jargon busting pages with general info on Credit Scoring, My right to appeal etc. 3. A kind of Glossary of Abreviations and what they all mean, looks pretty standard. 4. Barclaycard Copy Apps - this is a few pages of info like my address, my employer, my salary, my bank details etc that I must have given Egg when I originally applied for the card in 2002 but this is NOT a credit agreement. Just a print off of some info I have given them. 5. Barclaycard Migrated Memos :- A sheet that says "Memo List and Detail" and then gives my name and a credit card number, again - not my number. Then a single line that says "05/11/11 4 CUSTOMER SIGNED UP FOR SMS OR EMAIL ALERTS" and that's it. 6. Finally, and this is where it gets interesting. A bunch of "Copy Statements" from 2nd December 2011 to 2nd May 2013. The first one says the following:- ================================================ CLOSING BALANCE OF LAST STATEMENT 7043.00 CHRGOFF PRCH PRIN BALM, 04 Nov 7043.00 TOTAL OF NEW TRANSACTIONS 7043.00CR ================================================ Then, every other statement for every month until May 13 says this:- ================================================ Present Balance £0.00 Credit Limit £0.00 Minimum payment due £0.00 Purchase interest 1.356% CLOSING BALANCE OF LAST STATEMENT 0.00 TOTAL OF NEW TRANSACTIONS 0.00 ================================================
  10. Bumping this as i would appreciate some feedback before i speak to my solicitor today. Thanks.
  11. Hello folks, it's been a few weeks and I want to give you an update and ask for some feedback on where I go next. Please take some time to read this through and give me you honest opinion on how this is going to go from here. Remember the account has been in dispute since August 2009 and now Marlin Europe are taking me to court. I took my citation to see a Solicitor to help me lodge my defences. He spotted straight away that citation was raised by Barclays Bank PLC and the defence was that I have never had any contactual agreement with them. He suggested that I use this as my first defence to see how they reacted but suggested that to avoid the CCJ (Decree) I should offer them 50% of the alleged debt before we get to court. I copied the defence document to the Solicitors acting for Marlins. They replied with their "Adjustments" document which corrects the original mistake and says the account was indeed an Egg Card, and gives a card number which ends in "0000" and is NOT my card number. My card had a totally different number. I have an appointment to see the solicitor again on Monday. However yesterday, I finally received my SAR docs from Barclays and this is where it gets interesting. I assumed that they would have sent me the original credit agreement, all statements detailing transactions, payments, default notices, transfer to DCA's etc etc etc. Well here is what I got.....:- 1. A covering letter which says they have enclosed "copies of information held by Barclaycard" 2. Some info and some jargon busting pages with general info on Credit Scoring, My right to appeal etc. 3. A kind of Glossary of Abreviations and what they all mean, looks pretty standard. 4. Barclaycard Copy Apps - this is a few pages of info like my address, my employer, my salary, my bank details etc that I must have given Egg when I originally applied for the card in 2002 but this is NOT a credit agreement. Just a print off of some info I have given them. 5.Barclaycard Migrated Memos :- A sheet that says "Memo List and Detail" and then gives my name and a credit card number, again - not my number. Then a single line that says "05/11/11 4 CUSTOMER SIGNED UP FOR SMS OR EMAIL ALERTS" and that's it. 6. Finally, and this is where it gets interesting. A bunch of "Copy Statements" from 2nd December 2011 to 2nd May 2013. The first one says the following:- ================================================ CLOSING BALANCE OF LAST STATEMENT 7043.00 CHRGOFF PRCH PRIN BALM, 04 Nov 7043.00 TOTAL OF NEW TRANSACTIONS 7043.00CR ================================================ Then, every other statement for every month until May 13 says this:- ================================================ Present Balance £0.00 Credit Limit £0.00 Minimum payment due £0.00 Purchase Interest 1.356% CLOSING BALANCE OF LAST STATEMENT 0.00 TOTAL OF NEW TRANSACTIONS 0.00 ================================================ I checked the glossary of abreviations and none of "CHRGOFF PRCH PRIN BALM" these are mentioned so I have no idea what this all means. So basically, it seems Barclays have asked Marlin Europe to take me to court for a debt that they have now said is £0.00?? Is this right? Really really need advice as to my next step and whether this is looking good for me now? Thanks for all who read it all the way through. Mick
  12. Yeah, I changed my mind about that dx, I forgot that the thread title says Scottish Court so I amn't posting anywhere else. Thanks
  13. Hi again, I lodged my Intention To Defend on 29th which was the deadline day and paid my £87 court fee. Over the weekend I received an "Intimation Of Options Hearing" with various dates on a timetable, the first of which is 12/06/13 - Last day for lodging defences. After I went to court with the Intention To Defend form, I went with a copy to the other Solicitors office and handed it in with a letter (from the template posted by Ida above) stating that I had put the account in dispute on 31/08/2009 and asked for all the information as itemised in Ida's letter. I am today going to send another "Account In Dispute" letter to Marlins as they have not responded to my CCA request dated 9th May which they signed for on 13th May and allowing for all bank holidays haev now surpassed the 12+2 period. Are they still obliged to supply the CCA after they have started legal proceedings against me and just to clarify, am I still entitled to put the account in dispute now the legal process has started? I have also spoken to a lawyer who is happy to defend me but the earliest I can see him is next Tuesday - just 1 day before the last day for lodging defences. Cutting it a bit neat but not much I can do about that. My other question is this. I asked the Solicitors defending Marlins to supply me with all the info that they will be relying upon in court so that I can form the basis for my defence. Are they legally obliged to supply this and if they don't, how can I defend? Is the fact that they may with-hold info helpful to my defence? I am going to post some questions on the Scottish Law forum just in case the law differs up here from the rest of the UK. Thanks for all the support so far. The date of the Options hearing is August 1st so hoping that the CCA still doesn't materialise before then. **Editing to add this** I just read on another thread someone saying that Egg couldn't have issues a default notice as there is no default on their credit file. Bearing in mind there is no default on my credit file relating to this account, does this mean they have not issued a default notice to me? And if so, how can they be taking me to court??? No CCA, no default notice? As I said way back in the beginning of this thread, I honestly dont know if I received a default notice so maybe the fact there is no default on my credit file proves they never sent one. Cheers M
  14. Hi Ida, Thanks for your replies. On the writ, I don't have a form 04. The writ says : You (me) are hereby served with this copy writ and warrant, together with the following forms:- Form 03 (application for time to pay irection); and Form 07 (notice of intention to defend) It then goes on to outline the 3 options available to me, either pay in full to avoid a court order being made, apply for a time to pay direction which would then result in a decree (I think) and the final option, to defend the claim. I will need to adjust a few things in the template you have posted above and send it off. On the writ it says "A copy of any notice of intention to defend should be sent to the Solicitor for the pursuer at the same time as your intention of notice to defend is lodged with the Sherriff Clerk" Should I use the above letter with the copy I send to them? Also, just to be clear in my own head, today is the 12+2 day CCA request deadline for Marlins to provide me with the CCA after my formal request sent to them on 10th May. Should I now send them an Account in Dispute letter? Thanks, McG
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