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  1. Hi all. Hope someone can offer some advice as to how to proceed regarding defence submission. Details as follows: MKDP LLP issued County Court claim form (bulk centre) on 21 Oct regarding a credit card debt allegedly had with Barclaycard. I have no record of the account and have never received any paperwork relating to it and have never made any payments to the account. I received the claim form on 24 Oct and acknowledged service and intention to defend online on the same day. Deadline for defence submission 23 Nov, although the Court advised as that is Saturday, they will accept sumbission on Monday 25 Nov. I sent CPR request for copies of documents referred to in PoC on 25 Oct which was delivered and signed for by MKDP on 26 Oct. No response at all to above by Weds 20 Nov so sent an email asking when they would be supplied. No response to that email so rang on Thurs 21 Nov to request response. They asked for my DoB which I refused to give (I am unsure exactly as to where they got this info from??) so they refused to speak to me. They gave me another email address for their legal department so I re-sent the email chasing a response. Finally received one back with what seems to be (having read many threads on this forum...!) their standard "we are not the original lender so have requested the documents from BC which may take up to 6-8 weeks. Therefore we will allow you up to 14 days after this to submit your defence". I replied requesting their written agreement to a specific date (as directed by the court) which I gave, and showed how I had worked out that date, based on MKDP's estimate of 6-8 weeks + 14 days. No response so sent another email at 5pm Fri 22 Nov saying if they didn't respond I intended to apply to court to have claim struck out on the basis that it couldn't succeed. This may have been the wrong thing to do but I was in a bad mood and wound up that these types of companies appear to be able to get away with not following the guidelines, yet if I don't (i.e. submit defence by the deadline) they can automatically get judgement against me! I have not received anything from MKDP since then - so as I don't have agreement from them as to a specific date to file my defence, what do I do now? I don't believe trying to get the claim struck out at this stage will get me anywhere, and I don't have time to do this before having to file defence anyway. I can't submit a decent defence without having a clue as to what this alleged BC account is - all I have is their word it exists. So do I submit a defence denying the allegations - but how do I defend, other than to say I have no record of any such account. This seems a bit flaky and surely that's what most people would try if they were trying to avoid paying a debt? Or is there another / better course of action? I can post up PoCs if necessary/helpful. Thanks in advance for anyone's help!
  2. Hi, not sure whether to post here or not so apologies if this is in the wrong section. About 3 years ago I used my two Barclaycards' to help finance a business. I know it was silly. but at the time it seemed a good idea! Sadly the business was defrauded leaving me with a Barclaycard debt of circa £30k. After a period of shock and anger (at the fraud) I tried to start again, sadly to no avail. I have since started a new business in an unrelated industry. Money is tight and I have virtually no income (genuinely) to speak of. I live in rented accommodation and have assets of circa £5k I have been passed through the debt corridor of Barclaycard and for the last eighteen (18) months or so my account has been with Link Financial. I have tried to pay £20 per account per month but for the last 12/13 months have struggled with this and have instead paid £10 per account per month. Even this paltry amount has been a struggle. In March I was sent a default notice for both accounts for the shortfall. I reluctantly paid the requested balance. I did tell them at the the time I couldn't afford the higher payment and would continue to pay £10 per account per month. The cycle has begun again I have been sent a default (last month) for one account for which I again, paid the shortfall (by again borrowing from a friend) and am expecting another any day. I spoke to IDR last month and asked realistically what could be done with the debt as it will take over a 100 years at the present rate of repayment to clear the debt. I requested a response in writing as I had written to them and am still awaiting a response. I am seeking a resolution to this issue. I have acknowledged the debt several times in writing. Both Barclaycard and myself are the victims in this though I fully acknowledge, it was my responsibility. However I don't want to be paying this for the rest of my life no matter how much Link Financial/IDR want me to. I don't want to go bankrupt, but will seriously consider it, if this is my only option. In a letter I wrote to Barclaycard back in late 2010 I offered £1 per week, per account. I upped the payments a little later as I could afford a higher payment. Through them cajoling me I kept the higher payment, even when I couldn't really afford it, until as I say above I reduced the payment to £10 per month, per account. I presume I could go down to this lower payment as I haven't had a response, but as I indicated I would rather get this matter resolved one way or another. Any help advice you can give will be greatly appreciated. If you need more info, please ask Kind Regards
  3. Hi I have four different debts which have been with me for a very long time. I intent to deal with them now, and any help would be greatly appreciated. Firstly I have 2 separate debts with 1st Credit a company based in Riegate. the first of these two debts with 1st Credit is for a Barclaycard I took out on 3rd of March 1999. The default date for this debt listed on my credit report is 30th December 2008, however I think I stopped paying or contacting barclaycard a lot sooner than this date. I am not sure exactly of the last date when I made a payment or contacted barclaycard in regards to this debt. I am pretty sure however that it has been there or there abouts 6 years since I last acknowledged this debt. Can somebody please advise me as to how I can find out the exact date of my last acknowledgement, so then i can decide what is the best next step to take. The second of the two debts with 1st Credit is for another credit card with a different company. the start date of this card was 7th August 2003 and the default date was 30th April 2008 as listed on my credit report. Same again with this debt it is very close to the 6 year mark, however I need to know what is the best procedure to find out for definite the dates of my last acknowledgement. As far as I can remember I have not been in touch with or paid anything to either of the credit card companies or any subsequent DCA with 1st Credit being the most recent. But i would like to be sure before I make my next move. So Just to summarise, both the above debts are with 1st credit as two separate debts and i have only recently started receiving letter about these debts in the last few month since a company did a credit check on me and asked for my current address. before this time i have not spoke to anyone in regards to these debts for around 6 years and I would like to know the exact dates of my last acknowledgement, please can someone tell me the best way to go about finding this information, and also advising me on what would be the next right step. In regards to my third debt this is with a company called Cabot Financial (UK) LTD. This is also for a credit card debt. I took out this card on 9th September 2003 and defaulted on 21st December 2009. This company does not have my current address and are sending letters to one of my previous addresses, which is a friends house so I know they are still writing. as this debt is listed as default in 09 and I am unaware of my last acknowledgement date, what would you guys advise i do with this debt? I think it has been over 6 years I have not acknowledged anything however I am a little unsure and don't want to end up making a bad situation worse by contacting DCA too soon. Any suggestions as to how i should handle this debt would be greatly appreciated. My Final debt is with a company called Hoist Portfolios. This is listed on my credit report as being started on the 10th May 2006 and defaulted 1st august 2008. If I remember correctly this debt is for a utility bill, and they are not currently contacting me. what would be the best thing to do with this debt? by this i mean in terms of contacting the DCA to find out when a last acknowledgement was made of the debt. Pleased advise as to what is my best next tep in regards to the above four debts. I look forward to your responses. Thanks
  4. After 2 years with a Barclaycard PPI claim through the FOS I finally received a cheque for £1,925.00. I banked it immediately. On receipt of my October Barclaycard statement the amount outstanding was £1,399.00 - this led me to believe that they had deducted extra PPI reimbursement from my outstanding balance. I assumed they had refunded far more. On the back of this, thinking I was much better off than I actually was, I had a mild spending spree and probably spent about an extra £250. Just received my November statement and I am horrified to see that they have applied £1,925.00 to my outstanding balance with no explanation as to what this figure means at all. In the "description" against this figure is just "199199". They have led me to believe that they had not only refunded me an amount in the form of a cheque but that they had also reduced my outstanding balance. Is there anything I can do? I am a Pensioner and have a very meagre income. Many thanks for any advice.
  5. Hi all. Does anyone have a current email address for Barclaycard Customer Relations dept, their PPI dept someone to contact directly or similar? I have looked in the contact details and cannot find anything, it would be really useful if someone could provide this information because when you ring their Customer Relations dept, it's actually the telephony team you get through to, and they're about as much use as a chocolate teapot! Plus, they won't put you through to the Customer Relations dept, because they don't take calls apparently. And if that's not bad enough, when I queried why correspondence I had sent by fax had not been replied to, I was advised I should not be using the fax number on the letter from them as they don't pick up any letters from it as it's located on a different floor! When I stated that it is pointless to include such contact info if that's the case, and that customers are not mind s*****g readers when it comes to what contact method B/card would 'prefer' customers to use! Of course there is snail mail, which seems to be what B/card prefer, then they can respond to letters when, but mostly if, they can be bothered. I think their whole system for getting in touch is designed to be as obstructive as possible, and I have really had enough of dealing with the script following, tunnel vision, telephony team! Any help would be appreciated, as I am getting nowhere fast, or slowly for that matter! Figgydoody.
  6. Hi I am in the process of claiming back charges that Barclaycard added when I fell into trouble with credit cards a few years ago. I have requested a list of charges from Barclaycard which have been received. The debt was sold to Lowell after I had defaulted so interest, charges, etc were frozen. I have a question regarding the interest I need to claim back. Do I need to work out interest up until the day of when interest was frozen (about 3 years ago I think) or up until today? Many Thanks A
  7. Hi all. I am starting a claim against Brclaycard for PPI on my credit card. I have attached an agreement form from 2001 which I signed. It looks like PPI was mandatory as there is no option on this form is this a good cause for a claim? I have full statements now back to 2004 but nothing from 01-04. how can I account for this on the spreadsheet for claims? Thanks
  8. Hi there, any help or advice would be appreciated. MKDP have sent my wife a summons for a "ficticious" debt. I am tempted to let this go to Court, but please read my timeline of events below and let me know if I should sort this out with them direct, as I have telephoned them and they have asked me to send evidence to them. Here we go 2000 wife given barclaycard with no job, 5 days after her 18th birthday 2011 wife suffered sports injury, called to claim on her ppi policy and was told she didn't have one? 2012 put in to re-claim ppi payments, as statements showed she did have ppi. Our Claim shows clearly we accepted that any monies owed would clear debt on account first, then balance paid to us. I put this in the other details section of the form just to be nice and accept that we would get "what was left over". 2012 unknown to us, default registered on credit file for not keeping up payments! (8K, original debt at wife's point of injury was 6k) 2013 Jan - our ppi re-claim was denied: reason given that PPI was explained fully at the time. My wife didn't even know what PPI was until 2011! 2013 Feb - applied to the address given to us by barclaycard to access wife's records 2013 April - after weeks of phone calls when the 40 day limit expired, advised by BC we had applied to wrong address (Given to us by BC?!) 2013 June - re-applied for Wife's records, received and showed she had PPI for 13 years, PPI "box" ticked by computer on her 2000 application, and no records of PPI being explained, also telephone records showed my call in 2011 where PPI claim for accident/sickness cover was declined! 2013 June - unknown to us Debt sold to DCA apparently owned by barclaycard MKDP and second default for SAME debt registered on credit file. This was happening at the SAME time we were still in dispute with PPI dept. 2013 June - PPI claim re-opened Barclaycard and admitted mistake. BC PPI dept told us they could recover the Debt back from DCA in extreme circumstances such as this; Letter clearly states outstanding debt to be cleared before paying us out balance of any funds. 2013 August PPI claim paid out (11k). So this was clearly our settlement AFTER account cleared, whole affair RESOLVED. 2013 October DCA MKDP served county court summons for fictitious debt sold to them? My wife now has 2 defaults on her credit file for the same debt, and wouldn't of been in debt if Barclaycard had paid out PPI when she was injured. What would you do guys, like I say, I wonder whether to send MKDP nothing and file a counter claim?? Replies greatly appreciated
  9. Hello, can anyone help with this issue please? I live on the Isle of Man and have Barclaycard and mercers still chasing me for a debt they say I owe them, I have written to Barclaycard several times and asked for the Original Credit Card agreement they replied saying then did not have it,one sentence in the letter said “We arecurrently unable to provide a copy of the credit agreement you entered into. We accept that we are therefore prevented from enforcing our agreement with you while this state of affairs continues”. Now I know that the consumer credit act 1974 is not applicable here on the isle of man, also Iam concerned about jurisdiction as the isle of man has its own laws and court system. Any help with this would be much appreciated. To add the card was takenout in 1996 in the UK mainland as I used to live there at the time.
  10. I've just had my first knock back by the Ombudsman's office. Had a credit card ppi complaint in against Barclaycard. She phoned to say they weren't upholding my complaint, that Barclaycard were giving value for money in their charge of 79p per £100 of cover, and since I hadn't sickness cover through work, I was better off WITH the product. I explained that I had significant savings, double the card limit, that I was not able to make an informed choice having been sold the card while passing through an airport (she argued I had been sold the card at a Barclays branch, while I was able to say we don.t have Barclays over in NI) in a rush to get a plane, and that the paperwork actually stated "BARCLAYCARD PAYMENT PROTECTION-DO NOT SIGN UP WITHOUT IT" in bold print beside the tick box... . this amounted to me being TOLD to take the product.there was no point arguing, she had made up her mind. has anyone ever appealed and won? what will they send out with the letter, will I get copies of all barclaycard's paperwork??
  11. Hi all I’m writing on behalf of my girlfriend who has a longstanding debt which she has finally agreed she needs to look in to, but does not know where to start. She admits she has been irresponsible and has been scared to look into it for a long time, but having read around these forums for a while I’ve managed to convince her that there are processes that we should follow to see where things really stand, what really needs to be paid, and if there is anything she can claim back. I’m not particularly informed myself, but am prepared to read and invest time and effort into this to try and help her, and any help and advice anyone can give would be really appreciated. The debt is a Barclaycard credit card debt relating to the period May 2004 to January 2005 and was apparently passed to/sold to HFO Services in April 2006. My girlfriend says she spent on the card, and then tried to forget about it/run away from it and obviously at some point stopped paying the minimum payment. She was at university at the time and moved address frequently, and so we are presuming Barclaycard chased her for payment for a period before passing/selling the debt to HFO Services in April 2006. We attended a Barclays branch recently and explained that she wants a full itemised breakdown of all transactions and charges on the account from opening to closure for the purposes of claiming back PPI (which she had) and also any late payment/other charges which were made by Barclays (which she thinks she remembers), and also to find out exactly what the final balance of the account was when it was passed to HFO Services. Barclaycard said that she would need to write to them and enclose a cheque for £10 – so I’m presuming that this is the SAR request that I’ve read about? Barclaycard then confirmed the date in April 2006 that the debt was passed to HFO Services, and also that the amount was circa £3000. So – obviously there are processes to go through to reclaim PPI and possibly charges, what should we be doing here? Next, and most importantly – HFO Services. My girlfriend only remembers the following correspondence with them: January 2011 – They called her demanding money, my girlfriend only remembers agreeing to set up a direct debit which she paid a couple of instalments on before cancelling. March 2011 – This is the date of the most historic paperwork she has from them. It states “72 Hour Notice Of Litigation” – red writing, multiple pages, with lots of scary looking court information and statements saying basically that their solicitors will be issuing court proceedings if not contacted within 72 hours. Looks similar to the correspondence you get from Private Parking Companies (something which I have extensive knowledge on and have accumulated and ignored many unenforceable demands for money over the past few years). It also states “the balance of your debt continues to increase” and states that the debt is circa £5000!! Circa £2000 more than the final figure given by Barclaycard! August 2011 – They called again, girlfriend says she again set up a monthly direct debit to them. This is documented in a letter stating the amount and payment date, and also the debt owed is now somehow circa £4000!! Down around £1000 from March 2011, but still around £1000 more than what Barclaycard said the final balance was. There have been no other phonecalls or letters since and my girlfriend has paid an amount monthly by direct debit since September 2011 without break. I called HFO services on her behalf in March 2012 to ask for some information and was told that the total amount when passed to HFO by Barclaycard a bit over £4000, and this was in May 2006. This is a month later and over £1000 more than what Barclaycard have told us! They also said that the account was “up for review” in April 2012 – whatever that means, mentioned something about being able to offer a reduced amount for a one off payment to settle the account, and that it was being passed to Roxburghe. Sure enough, in April 2012 my girlfriend received a letter which has HFO letterhead, and HFO Capital Limited address (unlike the other letters which have HFO Services letterheads and HFO Services, Surrey addresses). This states “Notice of Appointment” says the account has been passed to Roxburghe Limited for servicing – but also states that: “any correspondence or enquires relating to your BARCLAYCARD debt, owed to HFO Capital Limited, to Roxburgh (UK) Limited” The outstanding balance is now a little under £4000 – with my girlfriend having paid monthly direct debits since September 2011 as stated. The only other information I can currently give is that when I rang HFO Services the guy told me to check her credit report - there will be a default registered and there is a default balance. Should we do this? Is this relevent? Can anyone advise on what to do now? I’ve read things like HFO Services are being investigated and may not have a right to collect these types of debt, the debt is over year and so might not be enforceable, something to do with HFO Capital being abroad so that is something illegal, they may not have the right to collect the debt – something to do with getting CAG?, etc. I’m just looking for advice on what processes to follow now, what letters to send, etc – and what to do/not? Should my girlfriend keep making payments? Etc? We want to find out how much really needs to be paid – if anything – and then if there is an amount to pay – to settle it in full and move on. Many thanks for reading.
  12. I had a Barclaycard default which dropped off my credit file at the beginning of this year. As I also bank with Barclays they started to take money from current account and therefore I was paying them £20 per month for a number of years. As far as I'm concerned the default has now expired and so I stopped paying. However last week I received a letter from a DCA saying the account had been transferred to them and I needed to make arrangements to pay or face action. Can you be defaulted etc for the same debt twice? what if I just ignore these letters will it go back on credit file? Thanks for any help.
  13. Good Afternoon, In 2007 i started a dispute against barclaycard for misold PPi, and charges. This was at the time that everyone was chasing bank charges so it took them longer to reply to everything. Well eventually they wrote back stating they was putting all claims on hold until the big court hearing and that they would get back to me when the final outcome was known. I accepted this and awaited and never got no reply, in the meantime they passed on to a recoveries agency, i wrote to them and sent all documents etc i had sent to barclay card outlining the dispute, they actually appologised and sent the account back to barclays. At this point i wrote to barclays again, computer screen printouts sent to me recently from barclays confirm that despite the dispute being acknowledged by barclaycard, 3 days later they sold it to 1st credit. 1st credit hounded me so copy of dispute sent to them. They stopped hounding me but continue to mark on credit files every month for nearly 5 years as default, and every christmas send me a statement of account. Barclays meanwhile despite sending all documents, spreadsheets etc continue to ignore the dispute, saying they need statements etc to process, although they had been sent them over 6 times with the follow up letters etc, now Barclays admit they was in wrong, and agreed to pay 872.00 in PPi back which includes interest at rate charged and also 8% interest, ( although don't match with my interest added the amount is only 100 quid off ) they have also already agreed to pay back £8.00 for every £20.00 late payment charge etc. When i get that final amount in it is more than the £1125 debt they unlawfully sold. So although i am happy they have 6 years later finally nearly resolved my dispute, i still have a default every month for the last 5 1/2 years for the amount which i didn't owe. Is it best to refuse the ppi and charges offered and tke it to court so that i can get the defaults deleted from my records or accept the offers ( I'm not signing their acceptance forms, will write my own ) or accept the offers and then try get them removed afterwards, so far 1st credit have refused to pass the account back, refused to delete the default notices and refused to stop further recording of default notices etc. any suggestions would be appreciated
  14. Hi Folks, I wonder if someone might be able to assist on my POC. Basically in Jan 2010 I made a SAR with Barclaycard and they only sent me statements and back in Feb 2010 I sent them a NON Compliance notice and they simply ignored it. At the time I had lost my job and was going through tough time so I did not follow it up. Fast forward July 2013 I sent them a new SAR request, again they sent statements only. Then I sent them non compliance notice and letter before action and still they had not responded. I would like to get a court order to enforce compliance as per below kindly please review and advise ways to improve it. I gather they are hiding something as the account was sold to Lowell and they don't have CCA and only sent me an application form. Further they issued 2 default notices, one in Dec 2006 and one in March 2009 when I stoped paying the token amount as I could not afford it. I assume the last payment date (Jan 2009) would take precedence rather than the default notice being issued back in Dec 2006 ?
  15. Hi All, I could do with some good advice on my current situation if possible? I have just received information relating to my SAR request to 1st Credit (old Barclaycard debt) and I have some questions hopefully you can help with: 1. Due to the usual pressure of the DCA (and not understanding much about my rights) the debt was paid on instalments from 2004/5 until early October 2007. Then I request the CCA and had nothing sent to me, so stopped the instalments. 2. Now in August 2013 - I received a Judge & Priestley Solicitors letter suggesting court action, so I re - CCA requested 1st Credit to which I received the signed CCA copy at the back end of August. 3. I then SAR'd 1st Credit and have now received a large bundle of paper statements etc. I have looked through the documents there are a number of interesting statements, which have been noted as follows: "we can confirm that the following are not held in a relevant filling system and therefore have not been provided: copy terms and conditions at inception and time of default, copy statements for the entire duration of the credit agreement and termination notices. If you require this please contact the original creditor." Also, on the logged system notes I noticed this: "Action: User note - CCA request complied with - However given that client is unable to provide T&C's at the time the account was opened and at the point of default we will not issue proceedings" So, I feel lucky its not at this stage going to court action, however how should this be interpreted i.e. can they still choose to take legal action or based on missing information am I a difficult case for them now? Also, due to the SB limit being early October have I reset the SB clock based on my CCA request and CCA received including the SAR request? I really appreciate your help on this as I want to understand where I stand on this matter i.e. level of future risk. Many thanks. iwcmd.
  16. Hi Everyone, I'm hoping for some advice, I have been chasing Barclaycard for what seems forever to try and reclaim PPI and Charges on an old Egg card. I took the card out in October 2004 and it went into default about a year later. Eventually I received the SAR information and had £60 worth of charges, and a couple of hundred pounds of PPI premiums. In addition to this, there was a two page list of tranactions relating to the November 2004 transactions, if I add up all of the transactions and add them to the opening balance, there is a £611.40 difference between my total and the closing balance. It may be that the transactions have fallen of the bottom of the page, but I would obviously like to know the details in case there are any charges of PPI premiums in there. I sent in three seperate letters in the same envelope, requestinging the refunding of the PPI, the Charges with interest, and the details of the missing £611.40 and that if they cannot provide me with this information then that element of the debt should be removed. Yesterday, I received a leter from Barclaycard advising that they could not establish if the CRP policy on my account had been mis-sold so they would like to return me to my original position. They offered the following: - Refund of Premiums: - £278.01 Refund of Interest charged on CRP Premiums : - £12.31 8% Simple interest per annum: -£174.19 As I am still in debt to them, they have said that the Refunds will be deducted from my debt, but that I will receive the Simple interest. This seems fair, however, I also received a second SAR information pack from Barclays yesterday, relating to an old Barclaycard. This included details of a the Egg card, with a balance of £0.00. When I went back further, I found a statement for the 1st December 2011, which had the following entries: - Closing balance of last statement £1,708.87 CHRGOFF PRCH PRIN BALM, 04 NOV £1,708.87 TOTAL OF NEW TRANSACTIONS £1708.87CR The present balance is shown as £0.00. I am currently paying approximately £20.00 per month to CapQuest, and the account says on some of the card holder account details print out that the account became delinquent at the end of 2011. Please can anyone clarify if I still owe Barclaycard money, or if it has been sold on to CapQuest? If the debt has been sold on, can Barclays withold the refund of premiums agains the det??? I have also spoken to Barclaycard requesting that they refund the cost of my numerous calls and letters and have been told that I will receive a call back within 48 hours to discuss this. Dan
  17. Hi there, I'm trying to reclaim PPI from Barclaycard and have received a letter from them stating that I applied for my card by post and was therefore not mis-sold. I actually applied for the card when I was 18, as it was my first credit card I applied in a local Barclays branch and the application was completed by a member of staff and all I had to do was sign the form! I have requested a SAR and received a blank copy of my original application form with no signature on??? Please could I have some advice as to what I should do next? should I send another letter and if so what should I say? Any help would be much appreciated
  18. Hi, I had court papers from Northampton CC as a companyin Milton Keynes had brought the debt, (old Barclaycard £2,000) be ignoringcall for three years. I had a look on the site and sent off a CPR 31.14 Request to their solicitors. Heard nothing backbut was worried about a defence and came across this defence and sent it off Defence 1. The claim aspleaded does not contain sufficient particulars to permit the Defendant to filea properly particularised and pleaded defence. The Defendant has made a requestfor disclosure, pursuant to Part 31 of the civil procedure Rules, to the Claimant to allow him toproperly respond to the claim. The Claimant has failed to respond to the Part31 request. 2. It is Notadmitted that the Defendant signed an agreement with Barclaycard If, which is not admitted, such anagreement exists the precise terms and date of any such agreement are notadmitted. The Defendant does not have in his possession any such agreement andis not therefore able to comment thereon. The Claimant is put to strict proofas to the date and terms of such agreement. 3. It is averred that if any agreement existed that the aforesaid agreement wasa regulated agreement within the terms of the Consumer Credit Act 1974 (TheAct). It is not admitted that any such Agreement is enforceable within theterms of the Act. The Claimant is put to strict proof that the aforesaidagreement was properly executed and has been enforceable at all times sinceits' inception. 4. The Defendanthas no knowledge of the service of a default notice. The claimant is put tostrict proof as to the content and service of any such alleged default notice. 5. The Defendanthas on knowledge of the service of a termination notice. The claimant is put tostrict proof as to the content and service of any such alleged terminationnotice. 6. Further and in the alternative it is not admitted that the sums claimed arelawfully owing. The Claimant is put to strict proof as to how the sums claimedhave been calculated and as to how it is asserted that the sums claimed contractuallyowing. 7. Further and in any event in view of the failure to comply with the CPR Part31 request it is denied that the Claimant is entitled to costs as claimed or atall. 8. In view of the foregoing it is denied that the Defendant is indebted to theClaimant as alleged or at all. Statement of Truth I believe that the facts stated in this defence are true. I am the Defendant. signed and dated. Received aletter telling me that they do not except my defence and the court have sentpapers to notice of proposed allocation to small claims track. Should I of notsent off a defence? Do I agree to the small claims court? What should be mynext move? I only have till the 23rdMayto deal with this. Thanks in advance
  19. Hi, Starting separate thread for each debt per DX's advice:-D CCA request printed & being sent Monday, then need to get started to see if anything to reclaim....
  20. Hello Again, This site was so good last time in helping me with some problems I had been having with a most dubious debt recovery firm that I thought I would come back and ask for further debt advice in trying to reclaim PPI on an old Egg/Barclaycard for a friend of mine and hope that the very kind people here will offer me some further advice. Chatting with a friend of mine a few months ago, we were discussing PPI refunds and to my astonishment, she told me that "she was still paying PPI on her Barclaycard and had never bothered to try to reclaim or cancel this" - well to say that I was amazed is an understatement and said that having had a few dealings with banks and credit card companies over the years that not only was she insane to take this attitude, especially as she has small children and is not particularly affluent, but I would be happy to take this on for her and try to reclaim it for her. She had the credit card with Egg initially and cannot remember ever being given advice by the company on any aspect of the PPI insurance when applying for the card or memory of even ticking the box to apply for this. She is and has been before the card/PPI application, employed in quite a good job that pays three to six months sickness benefit and she has no real history of claims for long term sickness benefit throughout her ten or so years at the company. The company look after their staff, pay private health insurance for them and really, there is no real benefit to her whatsoever in having PPI, now or when she initially started the account with Egg, In her statement when I sent this to Barclaycard on her behalf a few weeks ago now, she wrote - "I took out the credit card many years ago with Egg and had no idea that I was paying PPI. I don't remember it being sold to me but if it had been offered, I would have had no need for this and would have declined the cover. The first time I was aware of paying it was when I received a statement from Barclaycard that every month I am paying this insurance. This was within the past few weeks. I have absolutely no need whatsoever for this insurance and am certain that it was neither offered to or agreed by me at any point. It might be the case then when Barclaycard took over the card from Egg, they added the PPI without my knowledge or consent" They replied back in the middle of April to say that she applied for PPI protection on Egg's website when she initially took out the card in 2003 and they were not upholding her appeal as they had viewed the documentation she saw when taking out the PPI and this was clear and accurate and that was their final response on the matter. She had not spoken to any representative and therefore had not been badly advised in any way they felt. Here things become a little contradictory to say the least. I wrote (in her name) to say how disgusted I was at this decision and wondered why with all the bad publicity PPI has had over the years, how they could morally justify continuing to take this from their customers, knowing how flawed this insurance had proved to be. Barclaycard wrote back to say that "no additional information had been received and therefore they were still upholding their original decision but wished to confirm that the PPI policy was cancelled at the end of November 2011" - something which was never confirmed or even communicated to her, either verbally or in writing. Very interestingly, she then received an "Annual Review of Optional Payment Protection Insurance on your Credit Card" dated November 2012 informing her that she had paid £300+ at an average of £27.00+ over the past year up till that date. So it would appear from this that the PPI was still being taken a year after it was stated to have been cancelled by Barclaycard and despite a further letter from me on her behalf, no confirmation has to date been received to say that this PPI payment is still being taken or has actually been cancelled by them. I love a fight and want to take this all the way. Am I right in thinking that my next move should be a SAR request and what do you think a. my next step on her behalf should be after that and b. our chances of getting her money back here after her paying PPI for at least ten years on the account. Many thanks for reading this (sorry it is somewhat longwinded) and any help will be greatly appreciated indeed. Janis x
  21. hey all, im returning having slain a few banks in the past under a different usernme. Refundmylife if i remember rightly. Im now hitting the Barclaycard having left it far far too long. However i have a few questions already! A) I did the SAR months ago, and got the 6 years followed by a ream of uninterpretable computer speak for the previous years. I have just noticed a letter to send for the additional info, what im wondering is do i need to SAR them again after leaving it a while? B) This one concerns me a bit! I stopped paying it about 3 months ago and have just ignored it since (feels good though), can they launch action on me before i get a letter back to them re the court action? I havnt requested the CCA yet, would that slow them up? C) Will i definatly get the older statements from Barclaycard or is that hit and miss at the moment? D) Should i launch first for what i have the info on and then hit them for the older stuff when i have all the info back? Not a bad start, but im sure there were more questions!! Any help would be great
  22. Hi, Hoping someone can advise me on this... ...i sent off a CCA request to Cabot for two of my debts they now own - on eof those being Barclaycard(account opened 3/8/2006). I have received a letter today saying that they don't currently have it but have requested it from the original lender, and that they anticipate being able to get it in 40 days. Now if i understand correctly I *could* put this account into dispute once the 12+2 days are up BUT my creditors are managed through the CCCS (who have always been very good with me). Additionally I remember reading that 2006 was when some changed occured regardind what CCA were acceptable to be 'reconstituted' - i'm not sure what this means?? So I'm a bit flumoxed! I pay them £5 a month at the moment (and on my credit referency agency reports it states £5 per month until forever) and it is one of the few accounts that never defaulted so now I am three years down the default road i don't really want another one to restart the 6 years. Additionally the other CCA i requested (and that they made NO mention of) was for an EGG card opened in December 2003. Sorry for the waffle - should i give them the 40 days to get in contact with Barclays? Are they entitled to this legally? As the EGG amount already has a default if they can't produce the CCA and i dispute it can they put another default or mess with my credit/take me to court etc? Hx
  23. Hi, I have read through the other Egg/Barclaycard threads and did not know whether to jump in on another or make my own. Last thing I want to do is hijack someone else's thread, although there are some great stories here. So hopefully someone can give me some help. I have recently sent a CCA letter from the templates section on the site to Barclaycard who are hounding me for payment on a credit card. Original account was with Egg in 2009, which was then taken over by Barclaycard. I have had Barclaycard and Mercers hassling me and with a massive change in income cannot pay. I sent the CCA to see if there was a signed agreement in place. I attach two pages of the letter back from them. Plus page one of a 'standard' agreement copy they just sent through. They say they don't have to have an agreement signed, I don't know what to do next. If I throw up the files here, I have taken out all references, but any help would be gratefully appreciated. Thanks all. [ATTACH=CONFIG]46335[/ATTACH][ATTACH=CONFIG]46334[/ATTACH][ATTACH=CONFIG]46333[/ATTACH][ATTACH=CONFIG]46332[/ATTACH]
  24. DefaultNotice.pdf Hi all After googling HFO came across this excellent site with somehelpful advice regarding dealing with HFO. So far received following from HFO: Had a reminderNOA sent to me on 19 July 11, followed by a Do Not Ignore (with HMCS EX345 - Bailiffs andEnforcement Officers info sheet and EX50 - Court Fees info sheet) on10 August 11 then a Schedule of Litigation (with EX325 - Third Part Debt Orderinfo sheet) on 1 September 11. I would have dealt with this sooner, but I have been tied up withmatters of Probate on my recently deceased father's estate andsorting out my mother's financial affairs. I had a Barclaycard back in 2005 which due to very serious illnessI defaulted on in September 2005 (if memory serves me right). I havea notice of default from Mercers dated 8 December 2005. In March and April of 2006 I approached the CAB for help andadvice with problems with mounting debts of which Barclaycard wasjust one. Due to the seriousness of my ill health the CAB along withmy consultant arranged for me to receive benefits under the "SpecialRules" - for those not considered likely to live more than 6months - still here thank goodness!! The CAB also wrote to all mycreditors and requested that all my debts be written off, I rememberthe CAB advisor saying that Barclaycard would likely to be the mostdifficult. This was achieved with all' to my knowledge, over thefollowing few months. I have a letter dated 23 May 2006 from the CABadvising me that Debt Managers Ltd had closed the file. In 29 June through to 17 August 2006 I then started receivingletters from Credit Security Ltd. I don't think I passed this on toCAB because during this period I ended up in hospital in IntensiveCare - which I'm sure was in some way triggered by all the worry overmy finances. I have no NOA on file. In November 2007 I moved address and until July of this year heardnothing more. I have attached letters from HFO and the Notice of Default. If it wasn't for the contact made by CAB in 2006 I am assuming thedebt would now be statute barred, or very close). I assume that datewould be dependent on the last date of contact to the DCA/Barclaycard by the CAB. The last letter to me from CAB regardingBarclaycard is dated 23 May 2006. Reading through these forums I am guessing that in the firstinstance I need to send off a CCA request (recorded delivery, no sigand a £1 PO) with a line stating that I do not acknowledge the debtto HFO. It would seem advantageous to call Barclaycard, also, to find outto whom the debt was sold and when - in writing if possible. I wouldguess that I should get off a SAR request to Barclaycard sooner thanlater. I checked my credit file with Experian and there is a new entrydated 19 June 2011 by HFO with the date of default as 30 Nov 2006which is a year later than actual. Any thoughts and advice from the HFO fan club would be gratefullyreceived. I am worried that this firm's tactics could send myunstable health, at the best of times, spiralling back down. Bluebare reminderNOA.pdf DefaultNotice2.pdf DoNotIgnore.pdf ScheduleOfLitigation.pdf
  25. Hi all Does anyone have historic purchase interest rates from 1992 to 2005 on Barclaycard Visa and MasterCard, preferably with start and end dates of variations
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