BARCLAYS HAVE STTELED 12 DAYS BEFORE COURT DATE. TIME TO MAKE A DONATION TO THIS WOUNDERFUL SITE...:grin: :grin:

I wont be there either BARCLAYS have setteled .signed acceptance form with the proviso that I will only notify court once cash is in my account. might just have a look today .then see whos next on my list:grin:

yeah me to 13/3/07 at 2pm see you there.. anyone else?????

I would like to know also.handed my aq in on 2/01/07 and beleive other have been given the same date as me which is the 7/3/07 er i think:-?

Oh and when i go on to mcol it says judment by admission does this mean I,ve won haven,t had any thing back from the court to say so:-x

handed in aq on the 2/1/07 still no court date how long does it normaly take

Just an update Barclays have entered a defence and my case has been tranfared to my local court.. durham.. current total is £3,444.71 plus £100 for my allocation questionaire which has to be in for 2/1/07 wish me luck

And the moral of that story is ??? RE lap top had same happen to me returned goods because some one else had bought same thing but store would only refund me the new discounted price which was £10 less then i had payed pre xmas store said unless goods were faulty they were only legaly required to isue credit note for current price of replacment goods not price I had payed..

I think the full outstanding balance on finance should be met by the lorry driver,s insurance..not the gap insurance you payed for... it,s there for your peace of mind (not third party,s)i.e if youd had an accident that was your fault...Imagine what would of happened if you didn,t have it >at the very least the lorry drivers insurance should re-imberse you your preniums of at least 50% seek legal advice m8

I,ve been on the mcol and tried to get judgment by default 18/12 but it,s not happening...do I need to ring the court and speek to someone there..barclays have aknowledge my claim but not entered a defence also I haven,t had any contact from there legal department..what do you advise

MCOL completed issue date was the 13/11/06... barclays acknowledgment was on 1/12/06..(which was 17 days later) I thought they had to send acknowledgement within 14 days to be granted the 28 days to enter a defence??????

I,m about to compile a letter to all 3 CRA,s asking the following(anything you think I should add please fell free to chip in)

WHAT CRITEIRA HAS TO BE MEET BEFORE A DEFAULT CAN BE PLACED ON AN OTHER PERSONS CREDIT FILE?

DO THEY NEED TO BE A REGISTERED COMPANY?

DO THEY NEED TO SUPPLY PAPER EVIDENCE TO PROVE?

(a)they have a lawful right to persue debt

(b)they have sent notification of default

CAN A DCA PLACE DEFAULT ON BEHALF OF THIRD PARTY IF THEY DO NOT LEGALLY OWN THE DEBT?

CAN I HAVE A COPY OF THE FORMS YOU WOULD SEND TO A COMPANY THAT WISHED TO PLACE A DEFAULT?

YOU HAVE A LEGAL OBLIGATION TO ENSURE THE INFORMATION YOU ARE PUBLISHING IS ACCURATE,WHAT STEP DO YOU TAKE TO ENSHURE THIS IS SO?

COULD AN IDIVIDUAL REQUEST THAT A DEFAULT BE PLACED ON A COMPANYS CREDIT FILE ?

Can a dca who have been instructed to collect a debt, place a default on your credit file?They dont own the debt, dont have a deed of asignment and are meraley agents for credit company..In general what criteria must a company meet when placing defaults on peoples credit file? do they need to supply proof that credit ageement exists and they have attemted to collect payment and that legal entitlment to collect debt on behave of finance company.and advice anyone

STILL no responce from aktiv(or should that be INaktiv)kapital,however have received responce fron cra,s Experian were the most helpful They say we are contacting aktiv on your behalf and placing the following on your file "the accuracy of this has been disputed etc etc"...Equifax however won,t do any thing until i have completed there notice of dispute form,,my letter not good enough then? hopfully this action will spur aktiv into responce, Is it true that non-monetery claims cost £120.00

thanks micheal, sound advice I,ll do the first thing monday..Got two copy,s here just waiting to go...

Received offer of settlement(sorry I mean goodwill) from barclays today for the sum of £1000 sending polite refusal and completing MCOL

cheers m8 spot on just the job

HELP the 14 days have passed and I,m a about to do my mcol, I know there,s not a lot of space when you do it on line and I want the wording to be spot on so can some one point me towards a copy...

thank you wisperwolf and lookingforinfo for you constructive comments and advice

No they can't register a default if you have not defaulted on an agreement

[edit] THEY CAN AND THEY HAVE!!! (do you want to see my credit report) as to wether I have defaulted on an agreement the ansa to that is NOT TO THE BEST OF MY KNOWLEDGE that,s why I,m doing all this and writting to this company ...you know the one I. mean the one that doesn,t reply to your letters the one that won,t provibe documeted evidence to prove thet debt does exit ergo the have the legal right to place this default in the first place..ar you tryingto wind me up M8

Mod note : Personal abuse will not be tolerated on this forum

Always check the law before acting on advice read the Consumer Credit Act s.77 and s.78 no where does it mention the need to provide a default notice or deed of assignment:

 

http://www.passprotect.studio400.me.uk/Consumer_Credit_Act_1974.PDF

 

If you have never had any dealings or correspondence with this company you need to ask the CRAs to remove the data because it is inaccurate.

so site helper are you advising me and others to contact CRAs initaly, correct me if I,m wrong but wont they tell you to contact the company WHO placed the default (in my case AKTIV KAPITAL)WHICH IS WHAT i have done or haven,t you read through my thread before you added you 2p worth

Sorry.. I get confused easily!

 

No they can't register a default if you have not defaulted on an agreement and can apply to have it removed on the grounds that it was incorrectly applied. You need to send a statutory notice under s.10 Data Protection Act

I SENT THIS s10 DATA PROTECTION ACT WEEKS AGO AND HAVE GIVEN THIS COMPANY MORE THAN ENOUGH TIME .....SITE HELPER eeeerrrrrr ARE YOU SURE SEEMS TO ME YOUR JUST TRYING TO THROW DOUT WHERE THERE IS NONE..and some people might be put of persuing there case with contradictory comments like yours..I have a right to challange this default and have followed every step as per the advice of those more knowladgeable than myself and possibly your self ....so If youv,e nothing helpful or consructive to add the go HELP someone else

Me personaly I would go to the site take pictures and whilst I was there I would ring police re theft from van It would then require managment of site to offer explination to police and demonstrate they have if a legal right to do thisor risk being arrested .would advise finance company also as they remaine the legal owners until debt is cleared... additional presure from them would help

Just one more day and my mcol is going in..not realy interesting I know just puting this in case barclays are reading and they want to save themselves £700 ..... Just had a thought there settlement is coming out of there profits which is made up from my account fees which i,ve paid so I,m contributing towards my own settlement...there should be a law against that too

write to barclaycard re there "none compliance" write to DCO saying the same Write to barclaycard state "that this account is in dispute" (or pay minimum ammount) estimate ammount of charges i.e guess and procced with request for payment, LBA, and mcol within the normal time scales If court date arrives and they have not provided statments they will be a little red faced if they have to explaine to judge that this is an unsubstanciated ammount coz we won,t comply with lawful requests and we think we are above the law ..keep copys of any and all coraspondance sent recorded delivery of course..so you can show court that you tried to resolve this before getting to court(they take a very dim view of people who show disreguard for the law)TAKE NOTE BARCLAYCARD are you sure the £120 isn,t all thats owed .they dont seem to have done this with other people i.e refund anything till court date is looming