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About Don-e

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  1. Cheers people! its good to know that i have these clowns on the back foot! just another question - what happens to the interest while I prapre all this? Can they keep accruing it? Also, what should i do about maintaining payments ( its a bit of a problem at the moment). I'll start with the SAR and charges - see what happens. So, the general concensus is dont write to them and advise them that they arent complying - jst wait for the time limit to elapse and take it from there? Cheers again for the support! Don
  2. Hi all, just an update. So, 2 days ago I finaly recieve my barclay card statements, well, what is obviously their internal account statements of my account ( however I'm not sure if this set of documents is 100% complete?). I quick look-see shows that I'm looking at getting back about £500 in charges ( maybe more - I havent even calculated the interest). So, purely out of interest I decided to send Barlcaycard a CCA request on the 21st March - I had a reply from them yesterday. Dear Don-e, Reference: SECTION 78 of the Credit Consumer Credit Act 1974 I write further to your letter dated 20th March 2007 wih remittance of a cheque for £1 requesting information on your Barclaycard Account under the above act. Please find the information enclosed as follows. - A Copy of your terms and condition regulated by the consumer credit act 1974 - The current credit limit on your account is **** - The current balance on your account as of today's date is ****** which is over your agreed credit limit by 47.66 - your next minimum payment of **** is due by April 10th 2004 [typo i guess] which includes the outstanding amount of **** from your last statement. I trust the infromation enclosed is suitable for your purpose; however should you require any further assitance, please do not hesitate to contact me. yours sincerely Barcalycard administrator Court Orders and Disclosures Clerk Legal and Public Affairs Dept LRC All I did receive was a photocopy of the terms and conditions Nothing else. No sigantures, no application, no nothing. So, I have a few questions, and what if's. So, I'm assuming that I'm not the first person on the planet to send a CCA request to barclaycard, and that they should be well aware of what constitutes as a CCA, so the lieklyhood of ignorance to this act is doubtful, esepcially from a clerk that works within a "legal and public affairs" department. Is this really a stalling tactic? What should I do next? Should I write to them, pointing out the problem, stating that they now have just a few days to satisfy the CCA? Should I just froget about it, allow them to badger me further? Is it worth continuing with my unlawful charge reclaim, or conitnue with the CCA route? What happens to my credit file if I do continue with the CCA route? Sorry, I have read a lot on the CCA post, but these areas seem a bit murky to me still. Your thoughts please. Don-e Ps, the CCA request I sent was taking from the CAG templates section
  3. THANKS - cheers for the advice. I cant really afford the money to keep them off my back...well, not until Friday next week, which is a bit shy of the deadline. I have written a letter stating that the account is in dipute and that they should desist in any further debt recovery action. Quoted some consumer credit act ( thanks). I also wrote to Barclaycard reminding them of their legal obligations with regard to the SAR. I'll write off to the other agencies once I've had a look at my credit report. I may just punt off a CCA request anyway - might be an interesting read. I take it that I send that to Mercers? ( even thought they are part of B/card?). Anyway, thank a lot for the guidance. I think I've stopped sweating so much....but then, at this point...what more can I do? Cheers Done
  4. Hello, Dated 8th March 2007 - I didnt receive this until Wednesday. Cheers, Done
  5. Hi Rosie, This is the thing, its not clear. The letter is headed "Default Notice served under Section 87(i) of the Consumer Credit Act 1974 It does say "To correct this, you must make payment before 22nd March 2007" But that is after its gone through loads of debt recovery talk. My SAR makes reference to disputed sums contained within the outstanding balance, it may not be explicit enough perhaps? Would a clear reiterration be enough to suspend this default ( if it hasnt already been done?) I dont want to fill in an N1 without sending Barclaycard another reminder for the SAR. is 14 days enough time for them to comply on a reminder? ( sorry, I just think of worst case - I dont want to be sat in court explaining to a judge why i didnt write any reminders etc etc...I know the chances are slim...but I'm not the luckiest person you'll ever meet) Cheers, Done
  6. Cheers for that Jeff, I'm going ti whip a couple of letters of today, after looking at some bits on the Banking Code - it states that debt revoery cant start while an account is deemed in dispute. I'll write to them and remind them of that, purely for a bit of fun, I'll write off to TS, the ICO and the OFT. In this context, how would I play the CCA thing? I'm a bit sketchy on these. Is tit the case that I could just turn around and deny all knowledge of this money, and say they fail to provide a CCA could I simply ingore the debt? What would happen to my credit record then? Cheers again. Done
  7. Hi All, Just a quick question regarding a default notice that I've recently recieved. Mercers acting on behalf of Barclaycard wrote to me this week informaing me they had applied a default notice to my credit record. Stating that I wasnt meeting my minimum payment. They give details of the outstanding balance etc etc. This was a day after I had a letter from Barclay card offering a a 75 cedit to my account if I made a payment of £150 in the next week. This letter states a different figure - about £120 difference. I make regular payments that are just a little shy of the minumum payments. The main crux of my query is that I issed them an SAR requesting my statements nealty 60 days ago now, which they have failed to comply with so far. I'm writing them a remeinder today as I know for fact that a large proportion of the outstanding amount is actually charges and interest levied on those charges. With this is mind, is there anyway I can have the default removed now, as th account is in dispute, and Barclay card shouldnt have referred the account to debt recovery in the first place ( even though Mercers are Barclaycard)? If so, how could I go about doing this? Or do I have to wait until the charges problem is concluced? And, can the differen is balance be explained? I know the APR on Barclay card isnt competitive, but £120 interest in 2 days? Any advice apprecaited. Cheers, Donee
  8. Cheers for the words of support. I guess all I can do is remind people that they too could face court action if I do lose ( the letting agent and the first corgi plumber). The reality is kicking in now and the prospect of having to sit oppostie this guy while he twsits the truth is a little un-nerving, and the fact that this cat can do this with little or no risk is a bit sickening. The court date is May 2nd...seems a long way away at this time. Question: If the tenant fails to prove anything, would it be possible to sue him for worry, stress - wasting my time etc ( not that i would embark on this course of action, I am just curios to find out just how risk free his actions are) Cheers, James
  9. So the ex-Tenant has proved unrelenting, and it seems he's going to see this thing through. I submitted a defence just after x-mas and filled in all the usual allocation forms. The court served us with the evidence notice about 3 weeks ago stating that our evidence had to be submited to the court by 04/03/2007,, on friday i received another note form the court with a revised date of 09/04/2007...which I was thankful for as the statements I ruequested from certain parties hasnt exactly been forthcoming ( My co-defendent and myself decided not to summons any witnesses, rather than to write to them politely and ask for their co-operation ...besides, we havent got 2 buttons to rub together at the moment and we cant be shelling out for Plumbers to attend court). So, with the addition of extra time, is there any advice people can give me on evidence and mounting a defence in realtion to my case? So far I've contacted: All the plumbers involved - Asking them to state whether they took any air measurements, and asked them what their impression of the boiler was at the time they came to visit - in respects to the portable applaince tester who first raised concerns about the boiler, I asked them to state why they didnt condemn/turn off the boiler on their second visit. The Agent, asking them for a sequesnce of events, bills, statements, if Enviromental Health had been in touch with them, to confrim that the Tenant refused flattly to settle the deposit ( for the cleaning of carpets and removal of bin bags for the back garden and the treatment of stains on the couch) dispute through the TDRSA ( as I was under no obligation to release this money to the Tenant as the house was dirty), the result.findings of the ARLA compalaint that the tenant made ( I know this wasnt followed up) and the agents general impression of the tenants behavior. The Local Enviromental Health, asking them if there is any records of a complaint of concern raised about my property during the tennancy. Corgi, asking them for a summary of the complaint they followed up concerning the first plumber. I am concered that people arent going to want to get involved, this is a bit of a concern for me, but on the flip side, I'm guessing that their reluctance to get involved will alsoo extend to the Tenant who would also be relying on physical prrof that the boiler was unsafe. Any advice is always apprecaited. Cheers, James
  10. Hi, With regard to charge certs, how much can they deviate from the guidance on: http://www.dft.gov.uk/pgr/roads/tpm/lacircular195/partivhowtocollectpenaltycharges Where is tates "Select A, B or C" for the reason for the charge cert being issued. i have a charge cert that simply states they they issued an NTO at DDMMYYYY at HH:MM in respct to pcn ********** I replied to the NTO, and sent the forms to NPAS ( who I have found have lost/never recieved my defence). They make no mention of this on the charge cert. Thoughts? James
  11. Hello, So, I was just looking at some PCn's have. and I was wondering. where there has been a ticket issued for overstaying on a free parking space, it is reasonable to only put the times on the PCN just as this: Your car blah blah blah Was seen in: Location: From: 09:21 To:10:42 By Parking Attendant blah blah Sig..... who beleives that a contravention occurred blah blah Say the parking restriction was for 1 hour no return. Should the PCN state when the contrvention occured? Should the PCN read "Time of contravention"). As during this "from2 and "to" period I wasnt in contravention? Sorry, just a thought? also, in respect to waiting periods etc etc. Is it a requirement to have a start and finish time (not just and issue time)? your thoughts, James
  12. Just a quick couple questions about a PCN. If it states that: "Parking Attendant 1781 has reasonable cause to beleive that a penalty charge has been incurred: Parked for longer than permitted" Code: 30 Shouldnt the ticked be accompanied by a table of code, corralating the Contravaention code to a description of the contravention. Also, when the tickets concerns a waiting period. Should it state the first time in which the car was seen and the time in which the contrvsention was beleived to have occured. Also, does it definetly have to have the coulr of the car on the ticket (if it already has the reg and make?) Also, can a PCN have "Date of notice/issue" on the ticket. Should it have one or the other, not both? Sorry, more than just a couple. Cheers, James
  13. Cheers for that! I'll do that today! Question - if they write back to me saying that there were "legal" charges associated with my account - is this permissable? Thanks again for the help! James
  14. Hi, I'm just after some advice with regard a debt I have or had with Vodafone. I would have taken the straight forward route reaging my situation, however my naivety 12 months ago may have made the situation a bit complicated. Background if at all relevent About 14 months ago I was on a bog standard Vodafone contract with a phone...i was bought a PDA - all singing, all dancing phone - which i switched too without chaing the contract...anyway, this new phone was a bit WAP hungry, without worrying too much I started to use the email sycn function and recieved emails and pictures, browsed the web etc etc (these accrued charges that werent highighted to me when i took the contract out). Anyway, over the course of two month i got hammered with a 1200 pound bill (normal bills about 30 line rental calls and texts). Obviously i didnt have that kind of money and made some partial payments but Vodafone shut the accoutn and reffered it to Wescott (i think) Anyway, i move back in with my parents, and respond to the DCA letters - telling them that I wanted to sort the situation out, and that I would make payments of £150 until the debt was cleared. This was a strectch for me and I managed to do it for a few months...however, my situation changed...and I could no longer make the £150 per month, although I kept reasonable payments on a regular , monthly basis (Nothing less than £50). Before Xmas I had little more than 3 buttons to pay them, but made a payment of £40 to which Westcott sent a stropy letter saying that they were going to pass the accoutn to their doorstep collecter. I'm confused about a few things. I still get statements from Vodafone - they say I owe £480 and Wescott state that i owe £670 , which seems to be a very wide spread. I guess those are charges, but is this a reasonable charge?(£190) Who has the debt? Does the consumer credit act extend into Telephony/communications providers? What is the best way to deal with Wescott? I serioulsy dont have buttons, let alone extra money I can give them. I know their powers dont extent beyond asking me for the money...but they do call my house and work, which has my parents and colleauges asking questions. I have possibly in the past acknowledged the debt by writing to them and offering £150 a month which I havent kept too. Any guidance would be appreciated (sorry, I know there's tonnes of info on here...but I'm not quite sure what i can do if I have already acknowledged the debt) Cheers, James
  15. Sorry, I was joking. I'll do as you advise....hopefully the the length of time it took to issue "official" NtO and that the first ones they issued didnt offer the advice with regard to the appeal process they ought to of. Cheers for the guidance, I'll let you know how I get on. James
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