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    • Asset Link filed for a default CCJ against me, in relation to an old Barclaycard debt which I apparently signed an agreement for back in 2000.   I did not own a Barclaycard in 2000 so I know this is not true.  The CCJ notice was sent to an old address so I did not receive it.  Years later when I found out about the CCJ when I applied for credit, I put an application in to have the CCJ set aside.   As part of the set aside case, I was asked by the judge to provide a draft defence, should the CCJ be set aside.   The defence I provided was that I did not admit to the debt as I had not been provided with any evidence of an original loan agreement.   I won the case and the CCJ was set aside.   Link then filed to court again to make me pay the debt.   We both filed directions questionnaires and the judge allocated the claim to the small claims track.   As part of the directions, additional directions given were as follows ' Additional Directions in a claim for an Assigned Debt - Because the claim is in respect of an assigned debt the Court makes the following directions for the management of claim.  The claim shall be automatically struck out at 4pm on 3 April 2024 unless, before that time, the Claimant delivers to the Court and to the Defendant the following documents'  It then listed various documents such as an original agreement, deed of assignment, notice of default, statement of account setting out how the alleged debt accrued under that agreement etc.     The Claimant failed to provide these documents within the deadline provided and instead I received a copy of a bundle of documents provided by them in preparation for the court date, this was received weeks after the deadline.    I have called the Court to ask if it has been automatically struck out and they advised that it is not automatic and that I should still send my witness statement by the deadline provided, which is Wednesday.  This does not give me much time to prepare my witness statement.   I have never done anything like this before and I am unclear what my witness statement should include.  My thoughts were that I should keep it simple and stick to the facts, like the fact thy have not provided evidence of the original agreement, or the deed of assignment of the debt.   They have provided a copy of a default notice from Baclaycard dated 2015, this states a figure of £550 but the debt they say I owe is £10k.   I am not sure what makes a valid default notice?   I have previously requested proof of the debt from Barclaycard directly and have evidence of emails between us where they have been unable to provide me with the agreement or any documents at all relating to the debt.   Should I include these as an appendix?  Are there any other documents I should include in my bundle?    I have also tried to mediate with the claimants, to save the court costs and time, on a without prejudice basis, but the claimants solicitors refused to mediate.   Should i state this in my witness statement too to show the judge that I have been reasonable and they haven't? Many thanks   Louise
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Shall i send this to llyods


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Hi all

Just a quick bit of advice. Do you think i should send the following letter hopefully you will get the gist of what my problem is. I'm open to advice or any additions you may think i should add. The following letter will be going to the concerns deptments you'll have to excuse the punchuation and spelling i have to sort that out:lol:

Many Thanks Dan

To Whom It May Concern:

I am writing in concern to my account I had with you a few years ago which I have cancelled on two occasions, I’m not sure on specific dates but I think the first time I cancelled was about 4 years ago and the second time about 2 ½ years ago, on both occasions this action was not completed by yourselves. I believe that in cancelling the account I am in fact cancelling my agreement with you and can not be bound to any agreement/contract with Lloyds. I would also like to point out my frustration with Lloyds in continual banging my head against a brick wall when i'm trying to deal with you.

I am continually receiving letters and telephone calls which most of, over 80% I responded to either by talking on the telephone or writen correspondance. I would also like to point out I have requested on no less than 8 occasions I didn’t want phone calls but wished for all contact to be via written response, three of these letters were by reordered delivery but after 8 months of waiting for a reply from Lloyds took the wise decision to talk to the local road kill to find out more detailed information about my account because there was more likelyhood of something actual getting sorted and me getting sense out of somthing. I don’t really expect a response from you reguardingd this letter at this stage I feel my odds of winning the lottery are in fact better and I don’t buy a ticket so please feel free to surprise me.

I would also like to give concern to my current situation with you. I’m under the understanding that I supposedly currently owe you £3400.00 not quite sure why but I’m sure you can explain if you take the time to respond. The fact I haven’t received a single statement from you in over two years which I have told you about in my letters and on the telephone a countless number of times, I still await a response over a year on. I there by spoke to the Lloyds oracle (Local Road Kill) who explained that this was probably due to me closing the account down and not due to me moving address like an employee of yours told me and assuming my account was closed so didn’t give my new address out so the current owners of my pervious address returned my mail was to the post office. My response to that is that’s my parents house any mail I have I get given they still live there, end of. Please stop trying to spread the blame to me, I have received your other letters you have sent to that said address and responded to. So I was in fact receiving my mail. I must admit I made one fundamental mistake in I actual got concerned about the situation I paid you some money I think that amount stands at about £600 I regret this but didn’t want my credit to be affected I got by that point in my life and now I want things sorting out. I can’t quite understand where the money has come from I can only assume it’s part of the Lloyds Christmas saving scheme an employee picks an account adds loads of charges and interest and that’s the Christmas bonus they will recieve. Sadly i don't want this happening with my account. I feel that my account was closed I have no contract with you and no contact with you, I don’t agree with the charges and interest you have imposed on me. I have never agreed to information being added to my credit report from Lloyds. I have tried for at least a year to resolve this situation via telephone and written communication. I’m sure if you look hard enough in you waste paper recycle bin under the other 100’s no 1000,s I’m being to generous I actual mean million of complaints and communications from people trying to sort there accounts out but yet to realise that they would actual be withholding some poor Lloyds employee from there Christmas bonus. I would here by like the following actions completed as soon as possible

The removal of all charges from the account for the last four years or since the time I originally closed my account.

The removal of all interest from my account for the last for years or since the time I originally closed my account.

The removal of all information from Lloyds from my credit report.

A return correspondence with an apology that is personal written by someone.

I will Give 21 days before I take further actions.

Yours faithfully

Daniel Bilton

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I would definitely not send that letter, it uses the wrong tone and approach. It will just get ignored.

 

I think the first thing you need to do is request your statements using a S.A.R - (Subject Access Request) and then summarise the charges and then seek to claim these back, have a look here for more information:

 

Step by Step

Guide to Forum

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Hi

I've calm down a bit now. I got a letter chasing the money the other day and it really wound me up. I got to i had till the begining of may to pay the whole amount. I have also been told i have to write a letter to the concerns department. I did mention trying to claim my charges back to the lady i spoke with and she said i wouldn't have time. But i told her the situation she advised me to write a letter to the concerns department and if this was the case they would remove all the charges and intrest no problem. Could you please give me any advice on an approch i should take with the concerns department

 

Many Thanks

 

Dan

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I have never heard of the concerns department, however I find writing anything to the bank is usually a waste of time and you just get fobbed off.

 

Follow the step by step guide to reclaim your charges as my post 2 above.

 

How much approximately of the £3,400 is comprised of charges?

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Hi thanks for your reply

 

I can only guess all off the figure is charges and intrest i've not spent on the card since i closed it down. I agree with the comment about not getting any sense from them. The whole situation is driving me up the wall. I have another phone call from them today well from the collection company saying i have to pay them i try explaining the issues i have to be told they don't care and if i don't pay by the end of the week they will take me to court. I asked but did't offer a token payment to be told full and final only. I'm very close to losing my rag which isn't me. They just keep saying write to the concerns department. They feel i should get a resolve within a week

 

Many Thanks

Dan

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Can I clarify, is this debt for a credit card or bank account?

 

Do not waste your energy talking to them and send them a SAR to establish just what the £3,400 is comprised of.

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Hi this is for a credit card. The feeling i get and from what they keep telling me is that i don't have time to request my statments and the try to reclaim the charges. The keep going on about this concerns department which just has an address and no telephone number. I have just rang them again to talk to this idiot of a bloke who basiclly said by the time i have recived my statments i will have the baliff at the door. All he kept going on about is this stupid concerns department. Please Help

 

Many Thanks

 

Dan

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Do not be pressured by them, this is their tactic to get people to pay and it works as most individuals do not know their rights.

 

Send a S.A.R - (Subject Access Request) and then on the basis of that information reclaim your charges.

 

You have time, that cannot send in a bailiff (that has any powers) without a court judgement (and they would have to commence legal proceedings first).

 

They are just trying to intimidate. As I said do not talk to them. Do not let them control you.

 

If they legal commence proceedings before you, you will just counterclaim your charges in extinguishment.

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