Providian then Monument then Barclaycard reply

[Hadituptohere]

Hi all

as posted in other threads I had an account with a Providian CC that stared in 2000 that has been sold to cabot who have entered a default and interest for the past five and a half years, ive cca'd and S.A.R - (Subject Access Request)'d cabot and noted the correspondence between cabot and monument. I got nowhere with cabot (and still playing pass the letter with them) but noticed that all Monument have is a reply card as a CCA, so knowing that the ccard has quite a few charges on and found no default notice decided to SAR monument, I got a reply from Barclaycard with a list of charges that only went back 6 years from the request date so i sent a reminder of what I had requested in the SAR and reminded them of their breach of the Data Protection Act, still had no reply so sent a LBA back at the begining of August (to monument), Ive had no reply to that either so last week sent an amended LBA to both Monument and Barclaycard along with copies of the previous SAR, reminder and LBA for their ease.

They have till tomorrow to respond so what im looking for is advise as to which way to go now with regard to the N1 for enforcement also can I request the judge to remove the default thats being processed?

 

thanks in advance

 

Hadituptohere

[Hadituptohere]

Forgot to mention that the default was for 4922.00 cabot are still processing the default at 6501.00 and ive paid cabot in excess of 1000.00, if this helps

 

Hadituptohere

[slick132]

Hi Hadit,

 

If you want to isssue proceedings for SAR Non-Compliance under the DPA, you need to File on N1 using these POC's - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

 

I believe you should claim a nominal amount from Barclays for the non-compliance.

 

Re the default, this can be disputed if there are penalty charges on the a/c which have yet to be reclaimed. The charges mean the default is innaccurate. Better to d/w this by showing there is no valid Credit Agreement if they can't produce one.

 

You may be better off just concentrating on the last 6 years - even if you can get the older data, you'll have a harder job getting a refund of the older charges.

[Hadituptohere]

Thanks slick

what would be percived as a nominal amount, I guess the three extra letters ive had to write and the extra time would be the reason for the claim, theres also 3 charges that have dropped off the six year scale due to their non-compliance.

thanks again

 

Hadituptohere

[Hadituptohere]

Sorry also forgot to ask, should I serve the N1 to the Barclaycard 1234 Pavilion Drive or Monument although I only have a PO box number for this??????

Thanks

 

Hadituptohere

[slick132]

Include on your SOC, when you prepare it, the chgs that have dropped off because of BC's Non Compliance.

 

I'm really not sure about the "nominal sum" (but £50 rings a bell). If I come across a clear guide, I'll link it for you but the POC guide clearly suggests a nominal amount for damages.

 

I take it you're still determined to go beyond 6 years.

 

Don't use the PO Box No. for BC litigation matters - a user recently had his judgement against BC Set Aside. See here - http://www.consumeractiongroup.co.uk/forum/barclaycard/138906-mackerel-barclaycard-5.html#post1743845

 

Address to use on N1 should therefore be:-

 

Barclays Bank plc t/a Barclaycard

1 Churchill Place

London

E14 5HP

 

Of course, you take 3 copies of the N1 to your local county court for stamping and THEY send the copy to BC.

Edited October 30, 2008 by slick132

[Hadituptohere]

Im not to sure about going beyond the 6 years as there may only be about 75.00 in charges left to that date. i was looking at using steven4064's argument:

 

I realise that some of the charges I am reclaiming were levied before 21 January 2002, that is, longer ago than 6 years. Because this action is based on simple contract, s5 of the Limitations Act 1980 would be thought to apply and the action to be time-barred after the expiration of six years from the date on which the cause of action accrued – the cause of action being, in this case, the levying of the respective unlawful late payment charges.

 

However, I did not seek repayment of the charges at the time because I mistakenly believed them to be lawful and therefore paid them mistakenly. I have also recently discovered that Goldfish have systematically and deliberately concealed the true nature of the charges they have levied, facts that are relevant to my right of action.

 

I will therefore be claiming that s32 of the Limitation Act 1980 applies as the action is for the relief from the consequences of my mistake (s32(1)©) and that Goldfish have deliberately concealed facts relevant to my right of action (s32(1)(b)). The limitation period of 6 years thus begins from the point where I could reasonably have discovered my mistake and your concealment

 

But stiil not sure, I will prepare the N1 for enforcement this weekend ready for monday morning as I think Monument/Barclaycard have had long enough now.

 

Thanks

 

Hadituptohere

[Hadituptohere]

Sorry if I sound a bit thick but I guess I dont have to mention that the card was originaly Providian or that it's been in the hands of Monument in my N1 for enforcement just file it as Barclays Bank plc t/a Barclaycard

thanks

Hadituptohere

[Hadituptohere]

slick when you said:

Re the default, this can be disputed if there are penalty charges on the a/c which have yet to be reclaimed. The charges mean the default is innaccurate. Better to d/w this by showing there is no valid Credit Agreement if they can't produce one.

 

would I be better firstly claiming the charges back then dispute the default or to carry on the SAR none compiance then write to the OL disputing the unlawful charges and highlighting that the CCA they have sent is just an application form and not a valid Credit Agreement.

sorry for all the questions, just trying to pull my finger out as ive let this slip a little

 

Hadituptohere

[slick132]

Hi Hadit,

 

From the content of post #7 above, you're clearly able to consider the merits of reclaiming charges beyond 6 years and use the Limitations Act 1980 to your advantage.

 

Just be aware this may well lead BC to refuse to settle your claim which they may otherwise have been happy to settle without the need for you to file at court.

 

To avoid confusion, on any POC, I would put:-

 

Barclays Bank plc t/a Barclaycard (a/c no xxxxxx, formerly Monument a/c no xxxxxx, formerly Providian a/c no xxxxxx).

 

Defaults aren't my strongest point, but I believe it can be challenged on 2 points, namely:-

 

1) That the a/c balance at the time of default included unlawful penalties.

2) That there is no valid Credit Agreement for the a/c.

 

How you decide to d/w this is up to you but default removal is usually long-winded.

 

I'd do Non-Compliance N1 first (if you decide to do this) to get state's, then get the reclaim going and get penalty chgs to the a/c refunded.

 

Then if they are unwilling to remove the default, stop paying on the a/c and refuse to acknowledge the debt on the basis of no valid Credit Agree't. They must then reduce the a/c balance to zero and remove all negative markers form your credit history.

 

That's my take on things. The default process is slow and may be even harder because of the a/c changing owners twice - BC may say they cannot instruct removal of negative markers as they didn't run things when the markers were put on your history.

Edited November 4, 2008 by slick132
typo

[Hadituptohere]

slick thanks once again

 

ive completed my N1 for enforcment with barclaycard now, ive a goldfish acc that im ready to issue an N1 to reclaim 1300.00 in charges with interest but this is also in the filthy hands of cabot should I issue just to goldfish or name cabot seeing as cabot claim that kings hill (no1) limited is the legal owner of the account, ive tried writing to cabot to get them to disclose in what way the debt has been assigned but had no responce there.

 

Hadituptohere

Edited October 31, 2008 by Hadituptohere

[slick132]

Hi Hadit,

 

I've seen recently that the assigned owner can be claimed against. Double whammy cos you don't pay the debt they've bought AND you take THEM to court for penalties levied by the OC !!

 

However, if they've not confirmed the exact status of ownership, go straight for Goldfish initiallly.

[Hadituptohere]

Thanks slick

N1 completed for goldfish, could be interesting to see what happens there, your advise and swift reply appreciated

 

Haditupohere

[Hadituptohere]

taken the N1 to the County Court today, the cost 180.00 (wow). at least thats done now.

Hadituptohere

[Hadituptohere]

Does anyone know what happens once the N1 is paid for at the court, what is the timescale for enforcement etc

Hadituptohere

[Michael Browne]

It will be deemed served 5 days after issue ie 5th Nov. Defendant has 14 days to acknowledge ie 19th Nov and assuming they do, an additional 14 days to file a defence ie 3rd Dec

[Hadituptohere]

Great thankyou

 

Hadituptohere

[Hadituptohere]

Papers deem served from the 6th Nov, they have till the 20th Nov to respond.... Cool

[Hadituptohere]

Hi Hadit,

 

I've seen recently that the assigned owner can be claimed against. Double whammy cos you don't pay the debt they've bought AND you take THEM to court for penalties levied by the OC !!

 

However, if they've not confirmed the exact status of ownership, go straight for Goldfish initiallly.

 

 

Just wondering if you know the thread for above at all?

 

Hadituptohere

[slick132]

Hi Hadit,

 

Noomill was on the case although it's not been updated recently.

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/93787-noomill-barclaycard-4.html#post1721096

[Hadituptohere]

Right guys received in the post today a defence from barclays to my N1 could really do with some help although looking through it I can see big holes, could just do with someone elses opinion....

 

 

 

 

Thanks in advance

 

Hadituptohere

[steven4064]

HIUTH

 

Could you post your POC so we can interpret their defence, please

 

Presumeably you can proved they received your SAR?

[Hadituptohere]

Hi steven thanks for bobbing in

 

ive sent the SAR request 25/06/08 to monument with the 10.00 postal order recorded delivery, signed for, 09/07/08 recieved a letter/reply to SAR from barclaycard with a list of charges which went back to the 6 year period although the card was set up in 2001, 10/07/08 sent barclaycard SAR reminder recorded, signed for. No further responce so sent an LBA addressed to monument 05/08/08 recorded delivery, signed for. no responce again so sent two more LBA's prior to serving N1, one to monument again and one to barclaycard both recorded delivery both signed for 24/10/08.

 

 

 

 

thanks

Hadituptohere

[Hadituptohere]

Bump

[steven4064]

Hi HIUTH

 

Your last post didn't seem to require a reply