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

[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

[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

[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

[Viano]

Thanks CB I'll take a look.

 

Viano

[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Your Defence has also not taken into account and has now been superceded by the decision in Rankine-v-American Express Services Europe Ltd [and others} decided recently and a copy of this judgment is enclosed.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

[Viano]

Hi Paul,

 

Can you give me a hand with the pre-trail checklist please (it has to be in by 24th June 2008) only my confidence has taken a knock and I need to get it right.

 

BTW did you get my answer to your PM of the 18th?

 

Viano

[Viano]

Hi Paul and all our readers,

 

Having received a letter from Thames Credit (see post 256) I sent them a reply as suggested by PT (post 263).

 

Yesterday I received in the post another letter from Thames, I quote in full:

 

Dear Sir,

 

We refer to previous correspondence regarding the above referenced account.

 

In your recent letter you have suggested that the account has nothing to do with you and have requested documentry evidence, such as a copy application form.

 

Under the Data Protection Act, we are unable to disclose personal details. You claim the account is not yours and we would thereforebe in breach of the Data Protection Act if we were to disclose any details of this account to you at this stage.

 

In order that our Fraud Department can investigate the matter, please forward a copy of an official document, which shows your name, date of birth and signature.

 

On receipt of that, we will investigate the matter further and revert back to you.

 

A pre-paid envelope is enclosed for your convienence and we will look forward to hearing from you sa soon as possible.

 

Yours faithfully

 

(Sqwiggle)

 

Thames Credit Ltd.

 

There was not pre-paid envelope enclosed.

 

I have sent them a CCA request anyway.

 

Your comments invited.

 

Viano

[Viano]

Barclays (who have issued a Court claim via Optima) have taken it back from Optima, and are apparently proceeding themselves. Thames have started hassling me on behalf, they say, of Aktiv Kapital, who have bought an alleged debt from Barclays, for an agreement that bears little or no relationship to any "agreement" we my or may or not have.

 

You think you're confused!

 

Viano

Edited June 25, 2008 by Viano

[Viano]

Hey Ho team,

 

I have just received notification of another change of solicitors!!!

 

No Ref. number, no claim number, just a without prejudice letter stating:-

 

'Dear Sir,

 

Barclays Bank Plc v me

 

We write further to our open letter of today's date (25/06/08). we have now been instructed in relation to this matter and are in the precess of familiarising ourselves with the papers.

Could you please give our xxxxx xxxxxxxx a call.

 

We look forward to hearing from you

 

Yours faithfully

 

Matthew Arnold & Baldwin.

 

Can anyone give me an idea of what might be going on?

 

V

[Viano]

Could this go on for long? We have a date of 24/07/08.

 

Thanks for your support.

 

V

[Viano]

Why do they need you to telephone them?.

 

?

 

V

[Viano]

Hi all,

 

Thanks for all the encouragement, comments etc.

 

I won't contact them I'll just wait and see, the rate it's going we'll probably get though a few more debt collecting solicitors before we get to Court.

 

To paraphrase a saying, I'll let them think I'm a fool rather than contact them and prove it.

 

V

[Viano]

Hi team,

 

I've just had a 'phone call (20.25hrs) from their solicitors asking me to call them. Is this normal? should I call them back? what now????

Has this happened to anyone before?

 

I am now baffled, we are in Court in two weeks.

 

V

[Viano]

Think I'll fax 'em, I want anything they say in writing.

 

V

[Viano]

I did 'phone, but the opposition wasn't in, they might call me back tomorrow.

I'll keep you 'posted'

 

V

[Viano]

Right Ho Chums,

 

Some points from my recent conversation (see above).

 

1) They know of the CAG and are probably reading this now!

2) "Our defence is straight out of the CAG..."

3) "Optima are on Barclays panel of solicitors, but usually go for undefended claims, if it is any more complicated it gets passed back to Barclays and then on to someone else."

4) "Am I defending myself or will I have a solicitor?"

5) "As it is a fairly small claim and to save on costs is there scope for discussion?"

6) "They are fairly confident that they will win."

 

There are other points, but as my shorthand is non-existent I will have to try and recall them as we go.

 

V

[Viano]

Keep-keep up CB, Optima were two solicitors ago!, and yes BTW is right, they are leaning on us, gosh I'm worried.

 

V

[Viano]

Oops! sorry I meant BRW

 

V

[Viano]

Hi all,

 

Update:-

 

I received a letter this week-end confirming our conversation and stating that although they have a copy of the disclosure list and Defence they have not seen a copy of the witness statement, I faxed this to the Court on the due date (and have proof). I quote 'We have not seen a witness statement from you but we anticipate that such may be comprised in your disclosure list and form of Defence. If we are wrong in that assumption perhaps you could let us see your witness statement'. Should I?

 

When I have sorted all of my paperwork I will be asking further questions, some naive, some not so please bear with me.

 

V

[Viano]

Thanks Tom,

 

I'll hang on for a while then.

 

V

[Viano]

Can someone point me to the relevant (downloadable) parts of:-

 

1) Civil Procedure Rules, Rules & Practice Directions.

2) Consumer Credit Act 1974.

3) Consumer Credit (Agreements) Regulations 1983.

4) Consumer Credit (Agreements (Amendments) Regulations 2004)

5) Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983.

6) The Administrations of Justice Act 1970.

 

Please.

 

Thanks.

 

V

[Viano]

Thanks G'mam

 

V

[Viano]

Thanks Paul,

 

(and GM)

 

Paul, do I have to take copies of these to Court?

 

V