LBA from Optima Leagal Services*WON* DISCONTINUED BY CONSENT*****

[Newborn]

Sorry, only just seen these replies. What is missing is the creditors address under the two signature boxes so you can write to them to opt out of offers of products and services and third row for figures on the right hand side.

Probably not important in itself, but does it not mean that your copy is not a 'true' copy as required? Not only are parts unreadable, but there is missing information.

Only an experienced person like PT could say if this adds value one way or another.

 

Newborn

[pt2537]

well, if thats correct and parts are missing then that makes matters even worst for them

 

the trouble we would have is proving this is the missing parts unless we can obtain another form from the same time.

 

i think there is more than enough to throw a spanner in the works for them

 

but its something to hold up you sleve

 

thanks Newborn

[Newborn]

Hi Paul,

 

Have compared the two forms in much more detail. There are actually a couple of minor differences so as you say it would be difficult to prove one way or another. If you feel it would help as part of a last resort I can upload mine for you to compare? But as the rest is not absolutely identical it may be a fruitless exercise.

The T&Cs I got are also slightly different.

 

Newborn

[Vulture_Bank]

Particulars of Claim:

The Claimant s claim is in respect of a credit agreement regulated by the Consumer Credit Act 1974 whereby the Claimant provided the Defendant with a credit card and in return the Defendant agreed to pay at least the minimum payment given in the statement. A default notice was served on the Defendant on 25/09/07. The Defendant has failed to comply with this. The Claimant s claim of £x,xxx.xx is owed plus accrued interest as at 25/09/2007. Demand for payment has been made, however the sum remains outstanding.

 

Yes the claim is stamped Northampton County Court and issue date is 11 Dec 2007.

 

Do I send the templated letter forthwith?

 

Evening all

I have read all this thread (except for the defence which i know will be excellent) above we have the POC

 

Barclaycard produced an illegable agreement which i would like to refer to as a "SIAMESE TWIN AGREEMENT"

 

meaning "one is a parasite"

angles i would like PT to think about on a thread i will set up soon

(1) how does one signature for two agreements stand in law

meaning lets consider the second application for the mastercard as far as that agreement is concerned may i suggest that the words relating to BArclaycard are "irrelevant trash" similarily the opposite applies when treating the barclaycard application as the relevant agreement.

 

these are "mutually inclusive" not "mutually exclusive"

 

the aim being to get these "SIAMESE TWIN AGREEMENTS" DECLARED TOTALLY UNENFORCEABLE.

 

in simple terms which one are barclaycard sueing for ????

 

http://www.consumeractiongroup.co.uk/forum/general-debt/125411-siamese-twin-barclycard-agreements.html#post1310140

[Viano]

OK People,

 

This is where it could get complicated, pleases bear with me. I received today a "Notice of Intended Litigation " from Moorcroft, now this is for the OTHER card on the application form. I sent Moorcroft a CCA request, as a precaution, on the 03/01/08, They received it "before 07.45 07/01/08". (Must have crossed in the post)

 

They are demanding "payment in full before the 12/01/08 or telephone immediately" - if not they will assume that I am purposely avoiding repayment of this debt and will take steps etc.

 

What to do please, is there an In Dispute bog-off letter that I can send to Moorcroft? Do I let this ride and wait for another claim from Barclays or what??

 

I told you Stonelaughter there would be more to watch!!!

 

Viano

[Curlyben]

You have CCA'd Moorcroft, so you have nothing to say to them until they comply.

What you have received is a typical template nastygram.

[42man]

Moorcroft will write back saying they will ask their client, and if you can provide details of any dispute etc etc....usual generic letter Moorcroft send out....

[The GodMother]

Yep had that letter 42 man.

 

even thought they have said the acc is on hold they are now wanting money.

 

Chrissi

[Viano]

Hi team,

 

Received in this mornings post (letter dated 04/01/08-post date 07/01/08)

 

Barclays Bank Plc v Viano

 

" I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor). The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will the inform you of what will happen.

 

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay"

 

A question, when does the 28 days begin?

 

Any comments?

 

Viano

[pt2537]

Hi Viano

 

its a standard letter from the courts mate,

 

your best bet is to call the court and check the dates they deemed the letter served

 

 

let us know when you hear any further

 

 

regards

 

paul

[Vulture_Bank]

pt2537

 

just a quick question take vianos case which he has submitted his defence in writing assuming it was an internet lodged money claim he was defending --

 

is it ok for him to log in on the internet (with his password) to look for any update on the case

 

question 2 does the online thing actually get updated ?

[pt2537]

Hi Vulture Bank,

 

I rarely deal with Mcol, i find its very restrictive on word limits

 

i know the website does get updated and i know that you can view progress up to a point even where a defence has been submitted but i believe that once the case is transferred to the local court the progress can no longer be viewed

 

as i said i may be wrong but i dont use the online service very much

 

 

regards

 

paul

[Viano]

Hi Paul,

 

Re posts #134 & #135

I spoke to N'Hampton Bulk Centre today asking when the 28 days started, got the answer "If it is a full defence - 33 days from the date of the letter (from HMCS ie 04/01/08)". But if only disputing part of the claim, 28 days from the date on the letter.

 

Does that make sense?

 

Viano

[pt2537]

Hi Paul,

 

Re posts #134 & #135

I spoke to N'Hampton Bulk Centre today asking when the 28 days started, got the answer "If it is a full defence - 33 days from the date of the letter (from HMCS ie 04/01/08)". But if only disputing part of the claim, 28 days from the date on the letter.

 

Does that make sense?

 

Viano

Hey Viano

 

yep perfect sense, it was a full defense to the action which was filed so it would be the 33 days

 

regards

paul

[Viano]

Hi Paul & team,

 

I don't know whether this is more ammunition, but, on or about 18 July 2007 I contacted the FoS about reclaiming credit card charges on this and another "alleged" account.

 

My paperwork is in a mess so the only answer I can find from Barclaycard is one dated 8/11/07 stating "As far as our records show the Bank has complied" etc. So the "alleged" accounts have been in dispute since that time!

 

On another point, I officially complained to my bank and to the FoS in June 07 about their performance, they have not complied with the Banking Code or the FoS standards. The Point is I am now getting "letters" from their DCAs, Should I point out to them on the CCA requests that these accounts are in dispute an are the subject of inquiry by the FoS?

 

Viano

[The GodMother]

You could do. It might make them act very quicky in passing the account bank to the bank.

 

Chrissi

[pt2537]

Hi Viano

 

Right then, just to clarify the letters you are getting from the DCAs are not in relation to the claim which we are currently defending has it?

 

regards

paul

[Viano]

Hi Paul,

 

No, just a general question to see if it stops them 'phoning and writing.

 

Viano

[Viano]

Hi Paul,

 

No, just a general question to see if it will stop them 'phoning & writing.

 

Viano

[pt2537]

Hi Paul & team,

 

I don't know whether this is more ammunition, but, on or about 18 July 2007 I contacted the FoS about reclaiming credit card charges on this and another "alleged" account.

 

My paperwork is in a mess so the only answer I can find from Barclaycard is one dated 8/11/07 stating "As far as our records show the Bank has complied" etc. So the "alleged" accounts have been in dispute since that time!

 

On another point, I officially complained to my bank and to the FoS in June 07 about their performance, they have not complied with the Banking Code or the FoS standards. The Point is I am now getting "letters" from their DCAs, Should I point out to them on the CCA requests that these accounts are in dispute an are the subject of inquiry by the FoS?

 

Viano

 

Hi Viano

 

if you have requested a copy of your credit agreement and they havent complied, then the accounts would almost certainly IMHO be in dispute from the time they failed to comply.

 

if the accounts were then passed to DCAs you should simply refer the DCA to the fact the accounts are in dispute and have been since xx date.

 

then ask them to provide the copy of the agreement which you originally requested on xx date and point out until they do,you are not legally obliged to make further payments nor are they entitled to collect on a disputed account

 

i hope this helps

 

Ps Sorry for the delay in replying

 

regards

 

paul

[Viano]

Hi Paul,

 

Thanks, I think I'll just send them both a CCA request.

 

I will also try the FoS to find out what they are upto.

 

If there are any further developments on this subject I will start another thread.

 

Viano

[Newborn]

Any update available please? I would be very interested to know if there has been any progress wth this case. (I have the same type of app form).

 

Newborn

[Viano]

Hi Newborn,

 

I am still waiting my self, I will leave it for 2 more days before taking further action.

 

Viano

[Viano]

Hi Paul and others,

 

I have just received, in the post this morning an Allocation Questionnaire from the court, but nothing from Optima.

 

What now???

 

I feel like panicking.

 

Viano

[pt2537]

Hi Paul and others,

 

I have just received, in the post this morning an Allocation Questionnaire from the court, but nothing from Optima.Not a Problem mate, let me know what form you have , is it a N149 or 150

What now??? We help you fill it in

 

I feel like panicking. DONT!!!!!!!

 

Viano

 

standard stuff really, not a problem;)