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    • get on what?   you should be ignoring bouncing and blocking emails.   dx
    • Thanks dx. Weird thing is, I don't ever recall receiving a default notice from MBNA, there's no default notice in the SAR correspondence from MBNA and there's no default registered by them on my credit file (only one from PRA). Whereas with some of the others, e.g. NatWest, there's a default registered at the date they sold the debt on (from NatWest) and then also one from Cabot Financial (who they sold the debt onto).     My wife has a similar situation with a Barclaycard, according to her credit file they've never defaulted her, there's no default notice in the SAR correspondence, but this one is slightly different in so far as Link Financial (who the debt has been sold onto) have never defaulted her either (credit file shows a 'debt' that's being serviced).   My frustration is that I specifically requested default notices in my SAR requests as I was confused by the dates of some of them on my credit file and wanted to x-ref...   Hang on, scratch that, I was only checking my Experian report, having also checked my Equifax report MBNA have defaulted me, no default on either report for my wife though?!
    • it can't hurt to ring natwest and ask where the missing data is, there's usually a phone number quoted on the SAR reply cover letter.   as for MBNA, they would have defaulted you on or before sale to PRA. They must do this as part of sale process, else the debt buyer has no legal legs under section 87 of the CCA. you are correct that a debt buyer cannot issue a default notice.
    • Thanks for the advice dx I will get on to it now and post back with any further updates.   Thanks G
    • Started to receive some SAR's back , although NatWest are proving particularly problematic, I've made two requests, one for joint products taken out by my wife and I, one for products solely in my name.   The response for the joint SAR has come back and only contains information relating to our mortgage and contains no details of a joint loan or joint bank account despite account numbers for both products being listed within their SAR correspondence (they literally appear on one page that details other account numbers, but there's no other information on any of them).   I've heard nothing on the single application and it has now been greater than 30 calendar days, should I be reporting this to ICO?   On another note, I'd appreciate some help with a default issue I'm a little frustrated I've not been able to figure out for myself.   As per my original post I had a credit card with MBNA and the debt has been subsequently sold onto PRA. In my SAR response from MBNA, they never defaulted me on this debt before it was sold on to PRA,   upon receipt of the debt PRA have automatically defaulted me, can they do this? I've never taken out a credit agreement with PRA so are they able to issue a default against me? If not, how do I get this removed? Is it a case of just contacting the credit reference agencies?
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Roydosan v Barclaycard ***SETTLED IN FULL***


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Is a 'Particulars of Claim' attached with the Allocation Questionnaire or is it something you send later?

 

What documents, if any, should I send with the Allocation Questionnaire?

 

The particulars of claim are the ones that you originally put on your claim form.

Consumer Health Forums - where you can discuss any health or relationship matters.

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Yes but that was only 100 words long (it was done online). Section G on the AQ asks for any further information. I just want to know whether I attach a more detailed particulars of claim with it or what do I put in this bit? The FAQs are not clear on this.

_________________________________________

Alliance & Leicester MBNA Credit Card

Data Protection Act letter sent 3 July 2006.

Incomplete list of charges received 12 August 2006

Requested repayment of charges 10 November 2006

LBA sent 24 November 2006

Estimated £4650 in fines and interest.

Barclaycard

Data Protection Act letter sent 3 July 2006.

Incomplete statements sent 9 July 2006

Requested repayment of charges 14 August 2006

LBA sent 30 August 2006

Estimated £468 in fines and interest.

Initiated claim at MCOL 20 September 2006

Claiming £615.47 including fines & interest, s69 interest and costs

Claim acknowledged 10 October 2006

Defence filed 20 October 2006

Settled in full £640 total. 14 December 2006

Vodafone

Requested Default Notice removed 10 July 2006

Received letter agreeing to request 10 August 2006

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Try something along these lines ....Look at the bottom of the AQ and you will see a form number, either N149 or N150. Depending on which form it is, go here for a guide to complete it and in Section G, I put the following text:

 

"I am respectfully requesting my claim be heard via the small claims

track. This issue is not a complicated one; it is an issue of fact and

not of law. The issue is only whether the money levied by the

defendant in respect of its customer’s contractual breaches exceed

or even reflect their actual costs incurred. I am happy to pay their

actual costs and I am surprised the defendant did not counterclaim

for these, as I would have paid them without argument. However,

the continuing problem is (in common with the hundreds of other

cases currently being brought by other bank customers) that the

banks are refusing to reveal the details of their penalty-charging

regime, and that the charges they apply to accounts for exceeding

overdraft limits and so on are entirely disproportionate to the

actual costs the banks incur. As the banks have a fiduciary duty

towards their customers, they have a duty to deal straightforwardly

and in utmost good faith. Accordingly, I would respectfully ask that

the court in this case, not withstanding allocations to the small

claims track, order standard disclosure. I understand that it is in

the courts discretion to do so. I believe this would bring a rapid

end to this litigation. I have attached the schedule of the charges

I am claiming for to this allocation questionnaire to show a

breakdown of the amounts for the courts perusal.

I believe the case will take no longer than 1 hour".

 

You'll have to write it in quite small handwriting as it only just fits in the space provided.

 

 

I hope that helps!

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  • 3 weeks later...

Court Hearing set for 11am 14 March 2007.

_________________________________________

Alliance & Leicester MBNA Credit Card

Data Protection Act letter sent 3 July 2006.

Incomplete list of charges received 12 August 2006

Requested repayment of charges 10 November 2006

LBA sent 24 November 2006

Estimated £4650 in fines and interest.

Barclaycard

Data Protection Act letter sent 3 July 2006.

Incomplete statements sent 9 July 2006

Requested repayment of charges 14 August 2006

LBA sent 30 August 2006

Estimated £468 in fines and interest.

Initiated claim at MCOL 20 September 2006

Claiming £615.47 including fines & interest, s69 interest and costs

Claim acknowledged 10 October 2006

Defence filed 20 October 2006

Settled in full £640 total. 14 December 2006

Vodafone

Requested Default Notice removed 10 July 2006

Received letter agreeing to request 10 August 2006

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  • 3 weeks later...

Barclaycard have offered to settle in full, without any admission on their part that the charges are penalties, due to it not being cost effective to continue the case to its conclusion .

 

They requested a confidentiality clause initially but I have refused to assent to this and they have agreed to omit it.

 

I am continuing with the court case until the money has been transferred to my account.

_________________________________________

Alliance & Leicester MBNA Credit Card

Data Protection Act letter sent 3 July 2006.

Incomplete list of charges received 12 August 2006

Requested repayment of charges 10 November 2006

LBA sent 24 November 2006

Estimated £4650 in fines and interest.

Barclaycard

Data Protection Act letter sent 3 July 2006.

Incomplete statements sent 9 July 2006

Requested repayment of charges 14 August 2006

LBA sent 30 August 2006

Estimated £468 in fines and interest.

Initiated claim at MCOL 20 September 2006

Claiming £615.47 including fines & interest, s69 interest and costs

Claim acknowledged 10 October 2006

Defence filed 20 October 2006

Settled in full £640 total. 14 December 2006

Vodafone

Requested Default Notice removed 10 July 2006

Received letter agreeing to request 10 August 2006

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  • 2 weeks later...

Just found out they've credited my Barclaycard account with the full amount but it now means that my Barclaycard is in credit to the tune of £300! If I can withdraw the money a donation is on its way. I have to say I'm not happy about this and I'll be even more unhappy if they try and charge me for withdrawing the money from the card account!

_________________________________________

Alliance & Leicester MBNA Credit Card

Data Protection Act letter sent 3 July 2006.

Incomplete list of charges received 12 August 2006

Requested repayment of charges 10 November 2006

LBA sent 24 November 2006

Estimated £4650 in fines and interest.

Barclaycard

Data Protection Act letter sent 3 July 2006.

Incomplete statements sent 9 July 2006

Requested repayment of charges 14 August 2006

LBA sent 30 August 2006

Estimated £468 in fines and interest.

Initiated claim at MCOL 20 September 2006

Claiming £615.47 including fines & interest, s69 interest and costs

Claim acknowledged 10 October 2006

Defence filed 20 October 2006

Settled in full £640 total. 14 December 2006

Vodafone

Requested Default Notice removed 10 July 2006

Received letter agreeing to request 10 August 2006

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They've agreed to transfer the credit to my bank account so should get that hopefully before New Year. Donation on its way once it has cleared.

_________________________________________

Alliance & Leicester MBNA Credit Card

Data Protection Act letter sent 3 July 2006.

Incomplete list of charges received 12 August 2006

Requested repayment of charges 10 November 2006

LBA sent 24 November 2006

Estimated £4650 in fines and interest.

Barclaycard

Data Protection Act letter sent 3 July 2006.

Incomplete statements sent 9 July 2006

Requested repayment of charges 14 August 2006

LBA sent 30 August 2006

Estimated £468 in fines and interest.

Initiated claim at MCOL 20 September 2006

Claiming £615.47 including fines & interest, s69 interest and costs

Claim acknowledged 10 October 2006

Defence filed 20 October 2006

Settled in full £640 total. 14 December 2006

Vodafone

Requested Default Notice removed 10 July 2006

Received letter agreeing to request 10 August 2006

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Congratulations !!!

Please take a minute to fill out the survey for us.

Title duly changed.....thanks for the Pm..your donation will be much appreciated:)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Well Done, I hope I am as successful as you are, enjoy your £300 from Barclaycard lol:D

Datxman v Lloyds TSB 2006 ** WON** 27/2/2006

With no conditions

Datxman v Capital One 2006

S.A.R - (Subject Access Request) letter sent - July 2006

Non-compliance letter sent - 11/09/2006

enforcement letter sent - 11/09/2006

Statements finally received - 27/09/06

Prelim Letter - sent 28/09/06 - £540

Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds

Datxman v Barclaycard 2006

Won no conditions

 

 

[sIGPIC][/sIGPIC]Time is running out for the banks :)

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