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Found 33 results

  1. 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
  2. Barclays Bank is to start selling data on its millions of current and savings account customers to other companies for the first time. The bank has told savers that it intends to package together "information about the transactions on your account" with data on groups of other customers to compile reports on spending trends across Britain. This could then be passed on other companies or Government departments. Under the changes, which take effect in the autumn, the bank will also start tracking customers through their mobile phones or other "devices" - to help protect them from fraud. If a payment is made in a certain country, Barclays will "ping" the customer's mobile number to check if the phone is in that country. The move by Barclays has been laid out in changes to terms and conditions, sent to customers around the country, that take effect from the start of October this year. It forms part of a growing trend for companies who have realised they can generate new revenue streams by selling data on their customers. Just days ago, the biggest mobile phone operators in the country, Vodafone, EE and O2, said they would start selling bundles of anonymised data on their customers to big advertisers to help them target different age groups and demographics. More: http://www.telegraph.co.uk/finance/personalfinance/10137785/Barclays-to-sell-on-data-from-savers-and-track-mobile-phones.html
  3. The Financial Conduct Authority has admitted it does not track whether further regulatory action is taken when whistleblowing reports are handed over to other internal departments. A freedom of information request, submitted by Money Marketing, reveals the FSA’s whistleblowing team received 4,063 tip-offs between 1 April 2012 and 31 March 2013, up 13 per cent from 3,600 the previous year. When asked to provide the number of whistleblowing reports received in 2012/13 that resulted in enforcement action, the regulator was unable to do so. The FoI reveals the FSA did not record what happened in the 15 per cent of the whistleblowing reports it received in 2012/13, which were passed to other FSA departments. The regulator adds the cost of now finding out whether regulatory action was taken in these cases would exceed the £450 limit to comply with an FoI request. The FCA first pledged to strengthen its use of market intelligence from the industry last August. FCA chief executive Martin Wheatley has stressed he wants to work closer with the industry to spot potential problems, saying in March the regulator will be “much more sensitive to information about financial products and the way they are being sold”. The FCA also consulted earlier this year on giving whistleblowers more information and providing the industry with an overview of the type of action taken, as part of plans for greater regulatory transparency. An FCA spokesman says: “Whistleblowing is a valuable source of information and we take each allegation extremely seriously. We are in the process of updating our systems so we can check the final outcome of a whistleblower report quicker than before.” Lansons director of regulatory consulting Richard Hobbs says: “Surely a regulator should have the management information to show how effective whistleblowing is. “The regulator seems to believe whistleblowing is a regulatory tool worth improving. But how does it know if it has not got the data? There is a gap in its logic there.” Apfa policy director Chris Hannant says: “There is nothing worse than trying to encourage people to come forward if the information is just going to disappear into a black hole. It is important for the regulator to demonstrate what it has done with reports to show whistleblowing is worthwhile.” Hudson Green & Associates principal Ian Hudson says: “Treating customers fairly is all about measuring successful outcomes and the same principles should apply to the regulator.” Link: http://www.mortgagestrategy.co.uk/latest-news/fca-fails-to-track-whistleblowing-reports/1071973.article
  4. Consumers can now control and organise their direct debit payments via a new mobile phone app. The app, developed by Bacs, the body that oversees payment services, allows users to view all their direct debit payments on one screen. Currently, 72pc of household bills are paid by direct debit and the app, the Direct Debit Control Centre, has been developed to make sure bill payers can stay on top of these regular automated bill payments. The app, which is free to download, allows users to list all their direct debits together along with payment dates, amounts and details of what they’re for. Payment date reminders can also be set up, making it easy for bill payers to ensure they have enough money in their account to cover the cost. If a direct debit is due and funds are limited, the app will alert users, giving them time to make alternative arrangements. It also features a monthly overview screen, which shows the total amount of direct debits in place for that month, together with a summary of how much money is left to go out. Link: http://www.telegraph.co.uk/finance/personalfinance/consumertips/banking/9737456/New-app-keeps-track-of-direct-debits.html
  5. I had appeared in court today and lost a fast track claim, unfortunately for whatever reason a costs order was party granted to the other side. The costs order is for £13,500 - as I was leaving the court I was approached by the other sides council and was told that they will enforce it and take it all the way to bankruptcy. In terms of background I only have two assets, my home and my car, nothing else and I don't have any money to pay the claim whatsoever as I haven't paid any court fees either. I just wanted to find out what I could do? Any suggestions?
  6. It has become easier for credit card companies and personal lenders to recover debts from the proceeds of the house sales of struggling borrowers following a change in the law. The government has changed the rules around 'charging orders' so that unsecured debts such as credit cards and personal loans can be turned into secured debt - where the sum is secured against an asset such as property - more easily. Under the old rules, a lender faced with a borrower unable to make repayments had to issue a default notice. If this didn't work they could apply for a county court judgement (CCJ) to enforce repayment. Read more: http://www.thisismoney.co.uk/money/cardsloans/article-2211657/Lenders-given-fast-track-make-charge-borrowers-homes-unpaid-debts.html#ixzz28WzeDLjk Follow us: @MailOnline on Twitter | DailyMail on Facebook
  7. http://www.cbc.ca/news/canada/newfoundland-labrador/story/2012/08/15/nl-olympic-athletes-touched-by-timbit-815.html
  8. I am writing in the hope that someone else has experienced this and may be able to clarify things for me. I can't seem to find any information about this anywhere. I have taken out 5 loans in total with Next credit. I can't remember the exact application process I went through with the first loan but all other 4 loans were applied for using their "fast-track SMS service" where you text the word LOAN followed by your surname to a certain number. You then get a reply asking you to send another text containing the word LOAN followed by the amount you want (100, 200, 300 or 400). Then you get another text about 5 minutes later saying that the money had been transferred meaning the loan is active. Now the last loan I took out is in default and has escalated from the original £400 to £1374 within about 6 weeks (a complete joke I know). I have CCA'd them and they have responded with something that vaguely resembles a credit agreement. Along with the document they wrote that: "You should note that you have demonstrated acceptance of the published terms and conditions by virtue of the compliant digital signature (double email) inherent in the audited application process (as per the 2006 European Commission Electronic Signatures Directive)." The thing is I never entered my email twice anywhere during any part of the application process (for this loan). I just sent the 2 text messages as described above. Do they mean the possible double signature I gave them for my first loan? Surely they have to get a new double signature for every new loan that's taken out, correct? I'm in no way trying to get out of paying them back but I want the upper hand when I negotiate what I am prepared to pay them back (certainly not £1374!) This way I can say that, should this go to court, they don't have a leg to stand on without a properly executed credit agreement and that any offer I make them is is purely to close the account once and for all. Either that or we can slug this out in court (which I am getting more and more prepared to do). Of all 7 creditors I'm currently dealing with this lot are by FAR the most difficult to deal with. Sorry that this post is so long winded but I hope that someone else could make use of this information (should I get a response ) Thanks guys
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