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

[Viano]

I have just received a LBA from Optima stating that will instigate County Court proceedings (seven days from 5th Nov. 07) against me on behalf of Barclaycard.

I CCA'd Barclaycard on the 6th July 2007, I received from them an unreadable, and unenforceable copy of an application form. On the 27th Sept. 2007 I wrote to Barclaycard stating that they had not complied with the Act, and that they entered into default on the 20th July '07 and committed a criminal offence on the 20th August '07.

What do I do now?

Help needed please!

Viano

[Viano]

Thanks team for the quick replies.

C.B. has seen the "agreement" and has proclaimed it unenforceable.

P.T no I hav'nt complained to the TS yet, with reference to the letters, I can't find the proof at the moment, but it was sent either by recorded or I have proof of posting!

Thanks C.B. I will use your template.

Viano

[Viano]

By the way, what will happen if I complain to the TS?

Viano

[Viano]

PT, I will do, but am usless at this!

Viano

[Viano]

Copy of my "agreement"

Viano

[Viano]

PT, would there be any recriminations on me as I can't afford to pay them at the moment.

[Viano]

Thanks PT.

CB I am trying, will bust a gut to get it done!

Viano

[Viano]

CB,

I'm just writing the letter to Optima, it says on their letterhead that they are solicitors, does this change anything?

Viano

[Viano]

Thanks Paul, Will do!

Viano

[Viano]

Sorry to be thick, but, is this "agreement" enforceable - the T's & C's were on a seperate page, in fact I was sent two envelopes, one with just the alleged agreement the other with both the "agreement and T's & C's.

 

If the paperwork is not enforceable then it's of to the TS in the morning.

 

Viano

[Viano]

Thanks again peeps.

 

Viano

[Viano]

I received this letter this week-end from Barclaycard (Letter dated 08.11.07) in reply to a letter written to them on the 27.9.07, stating that I had not yet received a true copy of a CCA. Template supplied by C.B.

 

"I write further to your letter dated 27th September 2007. The contents have been noted.

 

As far as our records show the Bank has complied with your request under Section 78 of the Consumer Credit Act 1974 in our letter dated 7 August 2007 when we enclosed the relevant documentation as they were when you originally opened both your Barclaycard and Mastercard Accounts.

 

At the time you applied for your credit cards the executed agreement was incorporated into the application form. You signed a credit agreement in the prescribed form which embodied the full terms and conditions of your credit agreement in accordance with the terms of Section 61 of the Act. The prescribed full terms and conditions of your agreement were set out on the reverse of or otherwise incorperated into the application form and were specificallly referred to in the credir agreement section which containsyour signature.

 

In the case of the Creditor or Debtor signature box or signatures, the Consumer Credit (Cancellation Notices and Copies of Documents) regulations 1983 state that there is no requirement for the copy of an Executed Agreement to contain any signature box, any date and signature.

 

The document forwarded to you is in the prescribed format under the 1983 Regulations prior to the 1 June 2005

 

Having complied with your request, both accounts are enforceable in the circumstances therefor our collection and recovery policiesare applicable to your outstanding debts.

 

Your concerns under the Data Protection Act have been referred and you should by now have the relevant respond from my colleageus regarding this matter.

 

Yours sincerely

 

S. S.

Court Orders And Diclosure Manager"

 

The "agreement" & T's & C's are the same as those posted above.

Please note the dates, this letter is not a responce to the subject of this post!

 

Sorry this post is confused, but so am I.

 

Please HELP!

[Viano]

PT, thank for the quick reply, I will have a read.

 

Viano

[Viano]

PT, can you clarify a point for me please, was what I receieved a copy of the agreement, or a copy of an application? And, albeit I understand that what they sent me is unreadable where does the Cancellation Notice come in to play?

 

Viano

[Viano]

Received this week-end from Optima:

 

Dear Sirs 29 November 2007

 

Barclays Bank Plc Barclaycard

 

We refer to the above matter and your recent letter that (templated by CB) was forwarded to our client who advised that yoy defaulted on the agreement with them.

 

We have therefore been instucted by them to continue with legal action.

 

Our client is however willing to resolve the matter should you be able to offer the full outstanding balance within 3 months or a short settlement of around 80%.

 

Should one of these offers not be forwarded to this office within 7 days of the date of this letter we shall have no alternative but to proceed without further notice.

 

Yours faithfully

 

Optima Legal Services

 

What do I do now? - please.

 

Viano

[Viano]

Thanks Ben for the quick reply, I will send that letter and see what happens!

 

PT I shall refer back to my posts to find out what I was talking about, I think it was something in a legal script you sent me.

 

Viano

[Viano]

Hi team, I have received a claim form this morning, what do I do now?

 

Viano

[Viano]

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?

[Viano]

Thanks Paul for your rapid reply.

Yes I am going to defend.

I will probably have load of questions-when I think of them!

Edz11 thanks I will head the letter as you suggest.

 

Viano

[Viano]

Paul,

Claimamt:

 

Barclays Bank PLC

1 Churchill Place

London

E14 5HP

 

By the by, I have also requested charges back via the FSA-months ago!

Viano

[Viano]

Paul,

Just read the claim form again and it states " The Claimant believes that the facts stated in this claim form are true and I am duly authorised by the claimant to sign this statement"!!!!!!

 

signed Optima Legal Services Ltd (typed as they can't write)

Claimant's Solicitor

[Viano]

PT, Congats on the results.

The letter to their sols will be there before 1300hrs today.

I am sendig back the achknowledgement today, do I intend to: defend all of this claim, part of this claim or contest jurisdition?

Viano

[Viano]

Thanks Paul.

Viano

[Viano]

I hope we don't need you, but hang in there. There WILL be more

Viano

[Viano]

Will do, and many thanks again.

Viano