S142 (1)

[noomill060]

My recent claim against Barclays for PPI on a credit card also included a request for a s.142 declaration.

 

They were begging to write off the cards entire balance even before their return date.

 

This I found was unsusual. In previous jousts wuth Barclays for charges, they would enter a defence then make an offer of settlement after I had recieved their standard template defence.

 

In my PPI claim they were on the phone asking if they could speak without prejudice iver a week befire return date.

 

Made WP offer for full amount of claim. I pusjed it a bit and said wipe debt plus court fee and neg CRA markers.

 

This was agreed to with indecent haste, looking back.

 

They were very keen to do all negotiation by phone and WP.

 

No demands in writing for alleged arrears were recieved during the entire dispute, even during two months of harassment by scouse-a-matic phone calls, no Mercers threat-o-grams were ever recieved.

Edited February 1, 2009 by noomill060

[tendogs]

evening noomill do you have a thread for the barclaycard claim? Is your name Pete? I spent 30 years waiting for a Pete to come along and then >>>>>>>>>>>>>>>>> 4 at once.

[noomill060]

Nope, not a pete . sorry.

 

What dio reckon, PT? Were they running scared of a s.142 dec on an account with no enforceable CCA...?

[noomill060]

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/168312-morgan-stanley-cca-received.html

[pt2537]

Nope, not a pete . sorry.

 

What dio reckon, PT? Were they running scared of a s.142 dec on an account with no enforceable CCA...?

Actually i believe they were, it is nice to see people actually going after creditors for a change rather than waiting for the lender to sue them

 

I would suggest that they considered the costs implications of losing plus paying your costs and their own, dont forget barristers dont come cheap

[Goldlady]

Subscribing here as I am trying to fight an old ccj for a friend where I doubt very much that there is even an application form. Going for set aside of SD on Tuesday morning.

[noomill060]

I got that impression too.

[Goldlady]

And you can call me Petra if you want to:D

[noomill060]

Wasnt that the name of the dog on Blue Peter?

[noomill060]

"Actually i believe they were, it is nice to see people actually going after creditors for a change rather than waiting for the lender to sue them"

 

"Do what the enemy least expect. If they expect you to run - advance on them, all guns blazing"

 

Andy McNab in Bravo Two Zero

 

For the last 2 1/2 years, I have had this blue tacked to the screen in front of me.

 

I have had plenty of threat-o-grams and letters telling me of the awful fate that will befall me if I dont do as Im told, but no one has the b@lls to issue any proceedings against me.

 

(All weaponry and ammo provided by CAG.)

Edited February 1, 2009 by noomill060

[pt2537]

"Actually i believe they were, it is nice to see people actually going after creditors for a change rather than waiting for the lender to sue them"

 

"Do what the enemy least expect. If they expect you to run - advance on them, all guns blazing"

 

Andy McNab in Bravo Two Zero

Hmm yes, but the Bravo two zero mission went horribly wrong so im not sure that is a good analogy there noomill

 

[noomill060]

Yeah well, it was a traditional British cock-up!

 

Remember the human shields, the Brit civilians that Saddam took prisoner and held in the Baghdad Hilton- my friend was among those who made a break for it and legged it as fast they could towards the Syrian border.

 

They were captured in the same place (directly over the underground Iraqi base) as Andy McNab and his chum were, a few months later.

 

If my friend had been asked, he could have told MI6 about the underground base!

 

(If he had been asked!)

[Goldlady]

I guess a few tons of DCA threatograms pale into insignificance when you have dealt with Saddam and his kind:D.

[patrickq1]

it is also wise to ask for a full and complete audit trail of the accounts....

patrickq1

[miffedpuppy]

Any Chance PT you could enlighten me on how to do this as I made an application based on s142 and it was thrown out on the basis of promptness.

[tendogs]

I really want to get these b@st@rds to cough up the agreement. Is there any way I can compel them so to do? Even at this late date?

[tendogs]

For Pete's sake

[patrickq1]

lol poor pete what is name lol gets blamed for everything

[tendogs]

I thought I'd try again before the thread, peters, out. Anyone

[Goldlady]

If they haven't got the agreement then you are not going to get blood out of a stone. I am sure Pete is not going out in the near future:D

[noomill060]

If they haven't got the agreement you can sue their arse off for any thing taken from you (charges and interest) for which they would otherwise claim they had your agreement so to do!

[tendogs]

Morning noomill060 that's what I thought, hoped. I'll do some work on POC and post it here to see what people think.

[tendogs]

By the by noonmill is your good mood and lack of debt a result of leaving Bolton?

[noomill060]

No direct connection.

 

However, not waking up in Bolton is reason enough to put one in a good mood.

[patrickq1]

However, not waking up in Bolton is reason enough to put one in a good mood

hear hear lol and darwen godfosaken hole of a pigsty of a place grimy doity and full of cockerroaches reminds me of bank managers

patrickq1

there again its just as bad in wales lol