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    • you IGNORE THEM. stop being had blind nothing anyone can do to you. dx  
    • Which Court have you received the claim from ? Name County Court   MCOL Northampton N1 ?yes Manual Claim CCMCC (Salford) ? New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ? Yes If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)     Name of the Claimant ? Give answer here Lowell How many defendant's  joint or self ? Give answer here Self 1 Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Give answer here 08 may  ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. state how many digits the account number has.. Give answer here  the claim is for sum of 1650£ due by the defendant under an agreement regulated by the consumer credit act 1974 for capital one account with an account reference of xxxx tge dependent failed to maintain contractual payments required by the agreement and a default notice was served under s87(1) of the consumer credit act 1973 which has not been complied with the debt was legally assigned to the claimant on 18/03-21 notice of which has been given to defendant  the claim incudes statutory interest under s69 of the county court act 184 at a rate of 8%per annum from the date of assignment to the date of issue of these proceedings in the sum of 132£ the claimant claims the sum of 1782£   What is the total value of the claim? Give answer here 1977£ Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Give answer here Not sure  received a letter on 24 march stating Letter of claim- you have 30 days to prevent legal action Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Give answer here No Did you inform the claimant of your change of address? Give answer here Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Give answer here Credit card When did you enter into the original agreement before or after April 2007 ? Give answer here After Do you recall how you entered into the agreement...On line /In branch/By post ? Give answer here Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Give answer here Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Give answer here Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Give answer here Unsure Did you receive a Default Notice from the original creditor? Give answer here Unsure Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Give answer here Not that he recalls Why did you cease payments? Give answer here Lost job What was the date of your last payment? Give answer here Feb 2023 Was there a dispute with the original creditor that remains unresolved? Give answer here No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Give answer here No What you need to do now.    Answer the questions above   If you have not already done so – send a CCA request to the claimant for a copy of your agreement (If Applicable) (except for Overdraft/ Mobile/Telephone accounts)   Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts   Request 1 - Loans/Credit Cards     Request 2 - Current Accounts     You may use a CPR part 18 request for any other information (not request documents) that you might require in order to defend yourself. Please note that CPR 18 is specifically for Fast Track claims and although technically the claim has yet to be allocated to a track the claimant may refuse to comply for this reason.   If you require CPR Part 18 - this will need to be drafted specifically.   If you are not planning on defending for one reason or another – then you will need to complete an Income and Expenditure form and contact the Solicitor with your proposal. The N9a is already enclosed in the claim pack for Admittance which should be sent to the solicitor named on the claim form   If you are considering making a partial admittance N9b must be completed and returned to the court. Please note in most cases a partial admittance will result in an automatic CCJ for the amount admitted.   You have received a Claim - What you need to do.pdf1.33 MB · 241 downloads     Before Printing the PDF TIP   If you DO NOT wish to print Page 1 (Cover Page) of the PDF, please ensure to do the following:   Ensure you go to your Printer Settings and set it to 'Print from Page 2' (this way Page 1 (Cover Page) should not print out).   Note: This will save you Ink & Paper    
    • 3 threads merged for complete history of your debts. i suggest you re read from post 1 again. what are you doing still blindly paying a DCA on a historic debt?  
    • Hi, I have an old outstanding debt from 1994 due to MBNA for £20,000. The debt has been passed to various DCAs and is currently with PRA Group.  I sent them a CCA letter in January 2024. They acknowledged this letter and stated they would come back when they had more information, however the information did not arrive within the 12 working day scenario.. I have just received a copy of the agreement which goes back to 1994 from them. In their response letter they have stated " Please find enclosed documentation received to date: we are waiting further documents in order to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court or further action against you to recover the outstanding balance". They then go on to state "we are still legally entitled to:  1.Contact you to ask and repay what you owe 2.Pass your details onto a third party collection agency 3. Continue to report your account with the credit reference bureaux (as appropriate)". I'm at a loss as to what I should do next and would appreciate any guidance on this matter. I am currently paying £5.00 pcm. TIA      
    • A sinister tactic known as shoulder surfing is on the rise in the UK. Fraudsters are watching unwitting people log in to their mobile banking apps over their shoulder.View the full article
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Beachy v Barclaycard/Mercers take 2


beachcomber60
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Hi Everyone, this is my first post.

 

I have been considering getting a claim in to Barclays but have been putting it off due to everything being on hold.

 

I understand that there is an exception if there is genuine hardship - do we now qualify? I have just been made redundant due to my employer going into receivership, although I was employed with them for over ten years I parted company without receiving a penny i.e. no redundancy pay, notice, holiday pay or wages for the previous three weeks. Barclays are hitting me hard in excessive charges, I asked for a small overdraft until i receive the Government funded redundancy package (approx. £5K) however they said no because I am now unemployed. My question is can I claim back excessive charges due to my circumstances

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Hi, Beachcomber.

You can reclaim all unlawful penalty charges.

Start by spending a few days (you'll need it) reading the FAQs and the step by step guides. That will answer your initial questions and also give you an idea of how to go about it.

 

I don't think you'll qualify as a hardship case from what you have posted, but by all means, start your claim without delay.

Claims cases are being stayed at the moment, but when the OFT issue is resolved, your claim will already be in the pipeline.

 

Use this thread as your "battle-thread" and post any questions you may have here. Also try to keep it up to date with progress reports so that other users will be able to advise you better.

 

Oh, and welcome to CAG.:D

 

Regards, Rooster.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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Dont now if I am in the right place but here goes.

 

Have tried making a payment plan with Barclaycard (offered more then personal budget via National Debt Line) they wont entertain any offer and have instructed Mercers to obtain payment from me. I have phoned Mercers and explained the position to them i.e have been made redundant without any redundancy, holiday pay, notice pay or wages and have to go approx 6 weeks before I get the redundancy package (minimum) from the Government, all I get at the moment until this arrives is Jobseekers (£60 a week), Mercers said that the account is on hold for 14 days then someone will call, there is no way I'll have any money by then to get them off my back and in any event cant pay off what they demand in one go. what can I do, we are at our wits end. BC have been making phone calls everyday (the record is 11 on a Sunday). The line in our house is my husbands business line so cannot change the number easily, now Mercers have been given our number by BC we just dont know what to do. Help Please

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HI there, I am dealing with Barclaycard on behalf of my partner and had to deal with Mercers like yourself. They will continue calling until they get a payment that suit them.

 

Someone more experienced should be along to help you soon but in the meantime you ought to consider sending a CCA request to Mercers and possibly a S.A.R. request to Barclaycard and see if there is any unlawful charges you can claim back.

 

There are numerous threads on here relating to barclaycard so have a read of them.

 

I am sorry I can be of no further help, but as I said someone else with more experience should be along to you soon.

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Hi BC60 and welcome to the BC forum.

 

Mercers and/or BC will hound you but most of it will be phone calls and hot air. Get used to refusing to answer their security Q's, tell them to communicate in writing only then hang up.

 

Do you have your statements to show how much you've paid in penalty charges over the last 6 years. If so, work out how much and enter them on a Site spreadsheet. Read the Reclaiming Charges Guide in Link No1 in my signature below.

 

If you don't have the state's, you'll request them using this letter - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/586-credit-store-card-letter.html It'll cost you £10.

 

 

Use Letter N from here to request your Credit Agreement - http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/20758-creditors-dcas-letter-templates.html It'll cost you £1.00.

 

Keep copies of all letters incase they are needed as evidence. Send letters by Rec'd Del'y or get a Cert of Posting from the PO which is free.

 

Don't SIGN your letters - just print or write your name.

We could do with some help from you

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Thanks for the reply, I take it that by writing to BC i would be disputing the debt and therefore put Mercers on hold for the time being. With money due in approx. 6 weeks I could pay off the arrears and bring the account back into line. Should I consider asking for a ccj, they wont even entertain a DMP which I have proposed. Until the firm I worked for got into trading problems my financial affairs were spot on every month. We subscribe to the telephone preference service - should I throw this at them if they continue calling.

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Hi BC,

 

The CCA request, if not responded to by BC within the time allowed will put the a/c "in dispute".

 

There are letters you can send them but it probably want stop them calling altogether. So it's really best if you can just ignore them. Keep a log of every call they make, especially if their time is up to respond to your CCA request.

Should I consider asking for a ccj
Not sure what you mean here. If BC/Mercers get bored waiting for you to pay, they could start action to get a CCJ against you but they're usually slow to do this.

 

By then, you'll know if they have the nec'y Credit Agreement showing all the "Prescribed Terms". If they don't, they cannot enforce the agreement so they can't take you to court. If they've placed defaults against your credit records they will have to remove them.

 

This is the reason for demanding sight of the Credit Agreement - without it, or if it doesn't comply, they don't have a leg to stand on and you can repay the debt at a rate which suits your circumstances.

We could do with some help from you

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  • 3 months later...
Morning CAG'ers,

 

Could anyone advise me of the address to send Barclayloan a ppi reclaim letter.

 

Has anyone been successful in reclaiming ppi from Barclayloan.

 

Thanks in advance.

 

Hi beachcomber i have started a claim with barclayloan

 

Address i am using is, PERSONAL LOANS FROM BARCLAYS 2ND FLOOR BARCLAYS HOUSE 15-33 MOORFIELDS LIVERPOOL L22RU i hope this helps good luck:)

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Hi beachcomber i have started a claim with barclayloan

 

Address i am using is, PERSONAL LOANS FROM BARCLAYS 2ND FLOOR BARCLAYS HOUSE 15-33 MOORFIELDS LIVERPOOL L22RU i hope this helps good luck:)

 

 

Many thanks Dorabell, letter going in the post today.

 

Good luck with yours.

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Hmmm, that sounds interesting and I look forward to you telling us what's in the Terms & Conditions of the PPI element of the loan considering you were self-employed. Exclusion clauses that might have rendered the policy useless come to mind ... but hey, maybe I'm jumping the gun a bit ;)

 

:)

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dont forget you can claim the £10 back at the same time as the charges;)

Really?:eek:

I know SAR gives 40days, but how quick are BC at returning them? Sent mine on 15th.

PPI reclaims:

RBS: Received stat interest on premiums - £2345, awaiting premiums refund (possible offset)

Blackhorse: Confirmed upheld, awaiting letter - circa £2k

 

Charges reclaimed:

Barclaycard £800 + 8% - Full refund

MBNA £780 (incl. 8%) - full refund

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Hi BeachComber,

 

We suggest sending separate CCA and SAR requests as the banks tend to ignore the Credit Agreement aspect of the SAR.

 

For the sake of getting what you need more quickly, spend the £2. ;)

 

However, if you're reclaiming charges, do you need the CCA requests anyway. Just a thought. :)

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Have sent cca & sar, seperately, I have been waiting almost two months for a reply, I started to pay what NDL budget planner nothing heard but today phone calls started - 8 in 2 hours. A quick look at my account on line (only 4 months statements available) Ive been hit with £120 in penalty charges for this period alone & a know for sure that there are several £20-25 charges over the past six years, Ive had the cards in excess of ten years.

 

Question is do I have to wait until the cca sar arrive to put the account in dispute.

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Hi BC,

 

So are you saying you sent CCA request & SAR 2 months back.

 

Keep a log of the phone calls for a few days. When you think it looks sufficiently embarrassing for them, send this - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

 

As the a/c's have penalty chgs on them and you've sent off SAR for penalty data, the a/c's can be considered "In Dispute" for the purposes of the OFT Debt Collection Guidelines. Take a look at Link No3 in my signature below - Sections 2.6(a); 2.6(h); 2.8(i) and 2.8(k) would all apply.

 

You could therefore stop paying now, if you wish.

 

If you come to deal with reclaiming chgs on the a/c's, please start a new thread for Visa or MC, so the a/c's don't get confused. :)

We could do with some help from you

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Thanks Slick, sorry I don't think I explained very well.

 

I wrote to them about two months ago to say that our finances had hit the buffers and to go on lower payments until things pick up, they did not respond.

 

CCA & SAR went in yesterdays post, will use this thread for barclaycard & start another for mastercard.

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Thanks BC - all is now clear (this forum stuff is a poor substitute for a proper conversation). ;)

 

The advice in post #8 still applies, though. The a/c is, in your eyes at least, in dispute because the balance contains the penalties. This won't stop them chasing you on a regular basis.

 

Keep your log of contacts - you'll learn to ignore them and they'll often get bored after a while.

 

If they're late with the CCA response, then the a/c will be more formally In Dispute.

We could do with some help from you

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Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

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