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

[Viano]

Paul,

No but Mercers have citing that they are agents for Barclays Bank PLC trading as Barclaycard.

I will post a copy ASAP

Viano

[Viano]

Paul,

I have tryed to post the default notice, but the upload failed twice!

Help please, I am a dawk at this.

Viano

[Viano]

Yes,

Letter dated 8/11/07, looks like as standard letter quoting

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

 

At the time you applied for your credit cards the executed agreement was incorperated into the application form. You signed a credit agreement in the prescribed form which embodied the full tems 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 specifically referred to in the credit agreement section which contains your 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 accuonts are enforceable in the circumstances therefore our collection and recovery policies are applicable to your outstanding debts.

 

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

 

Viano

[Viano]

Hi PT,

Any comments on their answer to my letter of 27/09/07?

Viano

[Viano]

Wow Paul, I shall wait with baited breath.

Tanks again

Viano

[Viano]

Hi Paul,

 

When do I file my defence, please, is it after they (the opposition) have had the fourteen days from the request for further information, sent special next day 12/12/07 delivery, which is on 27/12/07, or can we send it so it is received by the court on Christmas eve ?

 

By the way , having followed the thread, will the defence stay as was or will it be modified?

 

Viano

[Viano]

Hi StoneLaughter,

 

The issue date of the Claim was 11 Dec 2007, I returned the acknowledgment on the 13th Dec 2007 so I don't have a date at the moment, have I ? AND I have just noticed that the 'Opposition' claims on the claim form a default notice was served on the Defendant on the 25/09/07, I have no knowledge of this as the only default notice was the one I sent a copy of to Paul

 

Viano

[Viano]

By the way, I can't get to N'ampton, don't have the money!!!

Viano

[Viano]

Tom,

 

Will the defence be that that Paul has posted, or a modification of that?

 

Viano

[Viano]

Thanks Tom, I'll hold fire until the 27th then.

 

Viano

[Viano]

Paul,

 

Do I wait for the Request for Info under part 18 of the CPR, and will they let me know the date of the hearing?

 

Viano

[Viano]

What are the Skellie arguements?

 

Viano

[Viano]

Thanks again chaps, for all your help.

Viano

[Viano]

Paul,

 

Being a little more clear headed now I have just re-read the defence, just a couple of points vis, in the conclusion 27 'I am not unable to prepare' and 30 is this the date of the signing of the application form ?

 

Viano

[Viano]

Hi Paul, Tom et al,

 

A good New Year to you all.

 

I managed to get a few days away, and have only just got back.

 

I hav'nt heard anything from the opposition yet, that is no more paperwork or anything, nothing from the court either, do I send the defence off now or wait as suggested until the last moment?

 

Viano

[Viano]

Hi Newborn,

 

Are the missing bits relevant?

 

Viano

[Viano]

Hi Paul,

 

Thanks am doing it now, do I post it recorded or special delivery?

 

Viano

[Viano]

Paul,

 

Should I send a CCA request to Moorcroft as a precaution?

 

Viano

[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

[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

[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

[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

[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

[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