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

[Viano]

Hi GM and others,

 

Yes even Optima state in their 'list' it is an application form. The letters, and there is only one not the two requested in the disclosure list, is the standard 'We have complied with your request under s 78' letter.

 

The directions are in post 187.

 

I now have better but still restricted internet access, so hopefully can be quicker with Q&A's.

 

PT, I hope your recovery is quick & full.

 

Viano

[The GodMother]

well i would make sure the courts are aware of there non compliance and ask the courts to make them hand over the docs.

[stapeley]

Hi team,

 

I sent my request for all the documents they hold, all I got back was a copy of the application form, a copy of two letters and a whole raft of credit card statements.

 

I cant be any more specific as I came out without my paperwork!

 

What happens now??

 

Unfortunately my access to the internet is now spasmodic so life is a little difficult at the moment, but ANY help at this stage will be helpful.

 

Viano

Check all the statements ,are they continuous ? Are any missing ? If any are missing ,should it be pointed out to the court now, or wait till and if it goes to court ?

Edited May 26, 2008 by stapeley

[Viano]

Hi Team,

 

I have to serve "the witness statement" by 4pm Wednesday, 28th May 2008 (see para 4 post 187) What is the witness statement?

 

Help please,

 

Viano

[pt2537]

Hi Viano

 

If you want to pm me your email address i can send you a witness statement that i have on file that you could use to give you an idea as to what it needs to contain

[Viano]

HELP

 

As we know there is a court claim against me, that's what this thread is about! (We have a Court date in July)

 

This morning I received a letter from Thames Credit Ltd telling me that Aktiv Kapital First Investment Ltd has bought the interest of Barclays Bank Plc T/A Barclaycard "in the debt that you owe them under the above Agreement"

 

Thames tell me in this letter that they are acting as "Collection Agent" for Aktive - I, in the same envelope, received a letter giveing me notice of the assignement. The letter is headed by a Barclaycard logo with no prominent address.

 

I am totally baffled! what do I do now???

 

Viano

[42man]

Without reading 13 pages is this the debt you were already being chased for ??

[Viano]

Yes, should they be able to do this?

 

Should I send them a CCA request

 

Viano

[42man]

Thames Credit usually go for Statute Barred Debts.....but If you have already CCA'd someone for the debt Viano....I would send them this...

 

Once a debt is in dispute it shouldn't be passed around...

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

[Viano]

Thanks 42Man, I'll edit where necessary and post it off, recorded of course.

 

Viano

[pt2537]

HELP

 

As we know there is a court claim against me, that's what this thread is about! (We have a Court date in July)

 

This morning I received a letter from Thames Credit Ltd telling me that Aktiv Kapital First Investment Ltd has bought the interest of Barclays Bank Plc T/A Barclaycard "in the debt that you owe them under the above Agreement"

 

Thames tell me in this letter that they are acting as "Collection Agent" for Aktive - I, in the same envelope, received a letter giveing me notice of the assignement. The letter is headed by a Barclaycard logo with no prominent address.

 

I am totally baffled! what do I do now???

 

Viano

 

Okay, can you confirm for me

 

is this debt that has been assigned to Aktiv the one which Optima Legal Services were taking you to court over?

 

if im reading this correctly, they have sold the debt while it is in the legal system and now the OC are no longer the ones holding the legal right to bring this claim

 

 

if you could clarify this it would be great, i would hold off on sending that letter that 42Man has posted til we have this sorted

[Viano]

Hi Paul,

 

I don't know, I'm assuming it is as so far as I can see there has been no clarification as to which account I'm being sued for. The court claim doesn't make it clear, and the application form is for two cards. The Thames Credit letter quotes an agreement number which means nothing to me.

 

Viano

[pt2537]

well that helps when they dont even tell you what the debt is about or what the account number is

 

i think you need to write to them and ask what this debt is about as you do not recognise it from the information that they have provided. they have an obligation to supply this too under the OFT debt collection guidelines

 

i think it may be worth pointing out that this matter is ,as far as you are aware subject to court proceedings with optima and ask them to clarify their intentions etc

 

this is really bizarre

[Viano]

Hi Paul,

 

I agree it is bizarre, but to recap, it will help to clear my mind.

 

I got Default Notices on the two accounts that were applied for on the same application form, they were not right. CCA'd B'card, Mercers and everyone else, They defaulted on time. They then sent me a bad, unreadable copy of an application form, no prescribed terms etc. I then received a court claim claiming £9989 ish with no reference to which account no a/c no. or anything! Then this letter from Thames with an agreement no. for a different ammount - £8679 ish. Still no propper CCA.

 

I have to go out now, I will be back later tonight, but please ask any questions and I'll answere what I can to get this sorted.

 

Viano

[Viano]

As an extra note, the DN's and correspondence with B'card had card a/c nos on, but there is no identification on either the court claim (Optima) or the letter from Thames.

 

Viano

[The GodMother]

erm

 

1) u said the DN came for both accs and then a CC claim for £10,000 ish. Is this a combined total of both DN or just on DN.

2) does any of the acc numbers relate to the one on thames credit, i am assuming u recieved statements whilest acc not in deafult.

 

some one with knowledge.

1) can they mix 2 Court Claims in to one?

[Viano]

Hi GM,

 

I received two DNs one for each account number, one for about £8500, the other about £9500, in total £18000 ish.

 

2) No the card numbers do not relate to the "agreement number on the Thames letter.

 

3) I can't remember when I received the last statement.

 

Viano

[The GodMother]

rite so tis is interesting.

 

I would do as PT advised and tell them the accounts is subject to legal action by the creditor.

[Viano]

Hi Paul,

 

I've just sent a letter to Thames as you suggested, but would it be worth CCAing them anyway as B'card only seem to have - or have only sent me - copies of the application form.

 

Viano

[Viano]

OK, we have developments, in brief, Optima has now ceased to act for B'card, they appear to have taken it on themselves, they consider that our defense lacks any legal merit, that our defense not taken in to account the recent decision in Rankine-v-American Express Services Europe Ltd [and others], BUT they have offered a full and final.

 

I will sit and read it through again, your comments will be appreciated.

 

Viano

[citizenB]

I dont know whether you are following davefirewalker's thread

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/84285-ccas-dave-against-world-38.html?highlight=Rankine#post1555542

 

One of his creditors sent him a copy of the Rankine papers. the link above should take you to PT's response. If it doesnt, it is specifically post 795, but also a few before as well.

[Viano]

Thanks CB I'll take a look.

 

Viano

[pt2537]

OK, we have developments, in brief, Optima has now ceased to act for B'card, they appear to have taken it on themselves, they consider that our defense lacks any legal merit, that our defense not taken in to account the recent decision in Rankine-v-American Express Services Europe Ltd [and others], BUT they have offered a full and final.

 

I will sit and read it through again, your comments will be appreciated.

 

Viano

 

Oh Reeeeeeeeeeeally

 

well i would like to know what part of the judgment that they will be reliant upon, i see nothing in that judgment that should be of any worry to us, also lets not forget that the Wilson rulings and the other cases we rely upon are made in higher courts so still bind the judge in the county court

 

what have they said exactley that causes your defence to have no merit? have they made an application for judgment? it would be handy to know the score

 

Regards

paul

[Viano]

I quote specifically:

 

'With reference to the above Claim against you by the Bank, you will have seen from the documents produced that the bank considers that your Defense lacks any legal merit and that it will not succeed. In particular it is not accepted that the Bank has not complied with S78 or other sections of the Consumer Credit Act referred to and that the Barclaycard agreement is neither unenforceable.

 

Your Defence has also not taken into account and has now been superceded by the decision in Rankine-v-American Express Services Europe Ltd [and others} decided recently and a copy of this judgment is enclosed. It makes clear that the type of agreement used by Barclaycard is compliant with S78 and is not unenforceable. The Bank is confident that it will succeed in its Claim as a result'.

 

It then goes on to make the full and final. It concludes, ' I reserve the right to draw this letter to the attention of the Court should you decide not to accept the offer made.

 

No there is no application for judgment.

 

Viano

[pt2537]

I quote specifically:

 

'With reference to the above Claim against you by the Bank, you will have seen from the documents produced that the bank considers that your Defense lacks any legal merit and that it will not succeed. In particular it is not accepted that the Bank has not complied with S78 or other sections of the Consumer Credit Act referred to and that the Barclaycard agreement is neither unenforceable.

 

Your Defence has also not taken into account and has now been superceded by the decision in Rankine-v-American Express Services Europe Ltd [and others} decided recently and a copy of this judgment is enclosed. It makes clear that the type of agreement used by Barclaycard is compliant with S78 and is not unenforceable. The Bank is confident that it will succeed in its Claim as a result'.Ok, so i must have read the wrong Rankine judgment cos i cant see anywhere within this judgment that it says that the barclaycard agreement is enforceable and of course large financial institutions are never wrong are they, just look at Mrs Wilsons case she lost them all didnt she ( NOT)!!!!!!!!!

 

It then goes on to make the full and final. It concludes, ' I reserve the right to draw this letter to the attention of the Court should you decide not to accept the offer made.

 

No there is no application for judgment.

 

Viano

 

Well the document they have supplied is illegible is it not?

 

the Copy Document Regulations State clearly that the Copy must be easily Legible dont they?

 

Furthermore S61 requires that the agreement and all its terms other than implied terms are legible when its laid before the debtor for signature and clearly the signed document does not contain the prescribed terms they are in another document entirely

 

now Wilson and Hurstanger clearly points that the terms must be within 4 corners of the agreement

 

NOT in another document

 

and clearly the document they sent you was from a microfiche and the terms and conditions they sent were not anything like the microfiche so i would be arguing that they are not part of the same document and to suggest otherwise is absurd

 

of course thats my opinion,

 

maybe worth giving them a call to discuss what part of the judgment they think supports their assertions, given the weight of case law that goes against their arguements;)