Bog vs Barlcaycard

[hellhasnofury]

Finally some progress.......

 

About 3 weeks ago I got a letter from a DCA claiming they had bought the debt from Barclaycard

 

When you state they bought the debt, what did the letter actually state.

 

I wrote to them (Special Delivery) advising them that the account is in dispute and Barclaycard had no rite to sell the account.

 

Needless to say, I did not get a response... until today! They have filled a claim on MCOL!

 

I more than willing to defend this, as I believe they don't have a leg to stand on. I have more than enough evidence that the account is in dispute and that it is being investigated by the FSA and OFT. Plus the account is un-enforcable as BC have not, dispite several requests (Including CCA and S.A.R - (Subject Access Request)), produced a true copy of the original credit agreement - so how the DCA can try to enforce it will be interesting!!

 

I'm not going to counter claim against them (except for court costs), but this DCA is breaking the law and in breach of FSA/OFT guidlines and I want them to be fined or lose their credit licence (the later is un-likley, but I'm going to try my best - just to teach them a lesson!) - I realise this will have to be pursued via the OFT / FSA, but should I make this point on my defence?

 

Hello Bog,

 

I am sorry to hear that you have had a claim issued against you, but all as you are aware is not lost.

 

If you need help regarding this defence, may I suggest that you pm one of the mods of site team and make them aware of the court case.

 

You now need to write to the dca and ask for information under the CPR for things like a copy of the notice of assignment. Whether the assignment is equitable (original lender still has the obligations and responsiblities) or absolute ( the account has been sold lock stock and barrel).

 

I know you have stated that you do not intend to counterclaim, but I do believe you should. They have issued a court claim against you and in the hope that you are unaware as to your legal rights and the whole claim could be classed as vexatious.

 

The counterclaim would be for breach of the debt collection guidence, breach of the dpa, breach of the administration of justice act, breach of the malcious communications act, and I am sure that there are others.

 

They are further abusing the court system by issueing a claim that has no legal merit and should be struck out of court.

 

These are my opinions only. There will be others who are more ofay with legal arguements.

 

I would also be writing to BC in regards to their conduct in selling of a account that is in legal dispute. Don't forget they are totally responsible for this.

 

You could always issue a N1 to BC, that would make them take responsibility for their actions in this matter.

[hellhasnofury]

Litigation Section - View and print out litigation spreadsheets here

The Litigation section is very important. The information here is useful if you are applying for disclosure orders, lifting of stays, wasted costs orders or other matters.

PLEASE DO GIVE YOUR LITIGATION DETAILS TO A MODERATOR OR SITE-HELPER. AND BE SURE TO GIVE THEM AN UPDATE WHEN YOUR CLAIM IS CONCLUDED.

Sub-Forums: Litigation in Progress, New litigation details, Litigation Concluded, UpDate litigation details

[Bog]

Hi Hell, hope youa re weel and thanks for th quick response

 

When I said I'm not going to counter claim, I meant I was not going to claim for money, but as you say I will be going for breach of the debt collection rules, breach of the Data Protection Act, breach of the administration of justice act, breach of the malcious communications act, etc.

 

I will go after BC and I will be adding these things to my PPI claim.

 

One quick question, does the DCA have to issue a default or can they rely on the one's Barclaycard issued?

[hellhasnofury]

Hi Hell, hope youa re weel and thanks for th quick response

 

When I said I'm not going to counter claim, I meant I was not going to claim for money, but as you say I will be going for breach of the debt collection rules, breach of the Data Protection Act, breach of the administration of justice act, breach of the malcious communications act, etc.

 

I will go after BC and I will be adding these things to my PPI claim.

 

One quick question, does the DCA have to issue a default or can they rely on the one's Barclaycard issued?

 

I think they can rely on the one BC issued, assuming it is correct, but could be questionable due to mis-sold ppi and any other charges in the balance:wink:

[Bog]

Feeling really good, because after a bit of research on here and other websites, and talking to a friend who is a bit of a financial legal expert who deals with FSA and OFT daily in his work, I realise that the Lewis Group (the DCA in question) do not have a hope in hell!

 

The have scatter gun approach, buying cheap debts, filling a claim on MCOL and hoping most people will just admit the claim, get a ccj, raise the value of the debt and then they sell it on!

 

Well not in this case!

 

I have compiled a killer defence which I will be sending shortly. Basicly, the account in dispute with Barclaycard and being investigated by the OFT, FSA and Information Commissioners Office, yet the have ignored this! Plus no valid/enfocable credit agreement.

 

They will lose and when they do, It will give me amunition to go after Barclaycard for selling the account, breaching the Data Protection Act and removal of default!

[hellhasnofury]

Feeling really good, because after a bit of research on here and other websites, and talking to a friend who is a bit of a financial legal expert who deals with FSA and OFT daily in his work, I realise that the Lewis Group (the DCA in question) do not have a hope in hell!

 

The have scatter gun approach, buying cheap debts, filling a claim on MCOL and hoping most people will just admit the claim, get a ccj, raise the value of the debt and then they sell it on!

 

Well not in this case!

 

I have compiled a killer defence which I will be sending shortly. Basicly, the account in dispute with Barclaycard and being investigated by the OFT, FSA and Information Commissioners Office, yet the have ignored this! Plus no valid/enfocable credit agreement.

 

They will lose and when they do, It will give me amunition to go after Barclaycard for selling the account, breaching the Data Protection Act and removal of default!

 

Hello Bog

Hope your are well:grin: and on a total mission:-D keep it up.

 

I am most interested in your mission, there is a well known company that I am going after and will be issueing legal proceedings for the return of all payments plus interest at their contractual rate as they have acted unlawfully in all aspect of legislation.

 

This is a company that bought accounts from another company. Both credit card companies. They have allowed me to make payments under a mistake, they do not have or have never had a credit agreement. They have taken the payments, applied penalty charges, then defaulted me and sold it to a dca:mad: Of course in their correspondence they are rather rude and think they can have the last word. ie final response.

 

We will see what they think when they get the N1:D

[Bog]

Hi Hell,

 

These companies for years have conned consumers, but now thanks to the internet and especially sites like this, they are being exposed! My eyes are open now and will put them in their place.

[Bog]

Update - Had a letter from Information Commissioners Office stating they believe Barclaycard is in breach of 8 Data Protection Act points! and have been asked to explain themselves! (Paves the way for me to start legal action against Barclaycard!_

 

Called the FSA, and they are in the process of completing their investigations, but at this stage are not happy with Barclaycards conduct. Again, the are waiting for Barclaycard to explain !

 

I think the Lewis Groups claim is dead in the water! My 17 page defence and counter claim goes in the post Monday! They are guilty by association !

Edited November 25, 2008 by Bog

[Bog]

Need some guidance......

 

I have submitted my defence and counter-claim to the court, my counter claim was basically for Harassment and breach of the Data Protection Act. I did not specify any claim value, but asked the court to award what they see fit.

 

The problem is that the AQ has come back and they want £1530 for the court fee (the max. amount for an unlimited claim or claim over £300,000). I was stunned and called the court, the lady was very helpful and said re-submit the defence with values against each claim. Each claim MUST have a claim amount ????

 

The problem is, I have no idea what to ask for! How much is a breach of the Data Protection Act worth in compensation? How much for Harassment???

 

Do I put in a modest amount and let the judge decide if it should be more (or would they only award what I claim?)

 

To be honest, it's not about the money, it's more about the principle and not letting these low life DCA's get away with it!

 

Can anyone help?

[slick132]

Hi Bog,

 

I've flagged this for attention and help should follow................

[MARTIN3030]

As far as I can remember,A County Court Judge can award up to 5K for breach of DPA.

Compensation for the this and other damages is at the discretion of the Court.

Its usual to write something like "I do not know how much I am claiming,but the figure will be less than £5,OOO."

[Bog]

Thank you both for you help

 

Revised Counter-Claim on it's way.....

[Bog]

I sent CCA request to the idiots at the Lewis Group at the beginning of November (Just after I received their court claim) and apart from a letter acknowledging my request; they have failed to send me a copy of the credit agreement and are now committing a criminal offence!

 

 

I'm now going to write to their local trading standards and the FSA - I'm determined to do everything in my power to have their credit licence revoked! I will not let this drop with FSA!

 

 

I'm sure they are so arrogant they think it's OK to ignore my request and bring their photo copy of an application form to court and all will be OK. They can’t even deny they received my request, because they sent an acknowledgment!

[slick132]

Hi Bog,

 

If your a/c was opened before 2006, they are commiting an offence by not complying within 12 + 30 days, although not a criminal one.

 

If it was opened in 2006 or after and they fail to comply within the 12 days, thay cannot take enforcement action such as demand pay't, send you a default notice, register data about your credit rating, etc.

[Bog]

Ha Ha,

Just got a pack of my documents out of the blue from Barclaycard, they say they are sending it because they have been instructed by Information Commissioners Office to fully comply with the Data Protection Act. They have been told by the Information Commissioners Office to supply everything!!

 

The funny thing is they have sent less this time than what I received in my initial Subject Access Request ! Thank you Barclaycard for making my claim against you for breaching the DPA so easy!

 

They have also sent (for the 3rd time) a copy of my application form, but no T&C's or credit agreement (they have sent two different sets of alleged T&C's in the past!), therefore further helping my defence against the Lewis Group!

 

BTW Still no response to my CCA request to the Lewis Group! (Slick - The application form is dated 1993)

[Bog]

Court date set for 1st April 09 and despite 3 requests (1 x CCA & 2 x CPR) for a copy of the agreement or any other documents they intend to rely on in court, I have had no correspondance from Cohens (Lewis Groups Solicitors) at all.

 

No directions from the court either, but I have sent Cohens my court bundle and filed a copy at the court 14 days before the hearing. (minus a copy of the application form )

 

I've got a feeling Cohens are not going to turn up, but hopefully they do and the court will share my view that it is virtually impossible to compile a defence if I do not know what they are basing their claim on!

[slick132]

You'll just have to see how this pans out in court - good luck with it.

 

Just make sure you're there and ready in good time, regardless of whether Cohen's turn up or not.

 

And make sure you know what case law you're relying on to back up your contentions.

[Bog]

Update

 

No court date, as the 1st of April was was a mistake by the court

 

Heard nothing until today! Received an N24 General Form of Judgement or Order from the court stating:

 

It is ordered that..

 

1. Draft proposed directions, agreed.

2. Summary in not more than 500 words of the party's position with particular references to tracking and length of proposal hearing

 

I'm a bit confused now :o, I assume this is directed at me and not the claimant? The only directions I'm aware of are what I put in my defence (i.e. providing actual agreement etc.)

 

I'm not aware of any directions to the court from the claimant, are the supposed to send me a copy?

 

Can some clarify the above and also confirm what the summary bit means?

 

Thanks

[alanalana]

Hello bog,

 

you would be better on the legal stuff in the legal forum IMO.

 

This is the forum..

 

Legal Issues

 

have a look and if you want your thread moved let me know.

 

aa

[slick132]

Hi Bog,

 

If you didn't submit any Draft Directions with your defence and counter-claim, they must have come from the claimant. (Are you sure they didn't come from you though ??)

 

Call the court and ask for a copy of this and of any other relevant documents which they've rec'd from the claimant.

 

You could also ask the court to confirm whether it is you as defendant, Cohens as claimant or BOTH of you who are to submit regarding tracking.

 

This relates to which track of the court system you want to deal with the case - small claims, fast track or multi track.

[Bog]

Coming back to this now and have a lot to sort out and in need of some advice.....

 

Unfortunately due to bereavement in the family and then separating with my wife, meant I let things slip with this and my focus was elsewhere. To cut a long story short, I could not attend court and the Lewis Group obtained a judgement against me, despite being sold the account whilst in dispute, never corresponding with me or providing a copy of the CCA etc.

 

So, now my life is back on track, I need to sort this (and I'm in the mood for a fight ).

 

Despite the judgment being awarded against me, strongly believe that I should be able to get that set aside based on the history of the case. So my plan of attack is to continue the claim of miss-sold PPI with Barclaycard. If I can get this proven (or a court judgment), then get the Lewis group judgment set aside, as the basis of their claim falls apart.

 

Is this the right approach or should I be doing something else?

[slick132]

Hi Bog - good to see you back after all this time.

 

When was the CCJ made against you.

 

Did you settle the amount in part or in full.

 

You can certainly apply for a Set-Aside but it's success may depend on how long ago judgement was made and what reasons you have for not seeking the S-A earlier. Application on form N244 should be made.

 

You should update your SOC for the PPI claim to see what the figures look like now. If you're claiming compound int't at the bank's contractual rate, the amount of your claim may have increased significantly.

 

Let us know roughly how the judgement amount against you compares with the PPI reclaim.

 

Did BC or the Lewis Group ever produce anything resembling a credit agreement.

 

The case of Carey v HSBC has had a huge impact on the issue of a/c enforceability. However, as the Lewis Group were the claimants, you have a decent chance of defending if they don't have a credit agreement.

 

You will have to counterclaim for the PPI refund if the Set Aside is granted.

 

8-)