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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Barclaycard debt from 1997


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Hi

 

Been reading through the help on this website as I heard old loans can be written off. Sorry but there is so much information I find it hard to put it together and find which way we should go. We have 2 old loans and 1 old credit card all from around 1997 !! We had serious problems then and to be honest we just kept paying the minimum and they seem to have been happy. From what I have heard I am no surprised they were happy as we carried on paying lol

 

anyway... I am going to post 3 different threads to deal with the 3 problems!

 

This one is for a barclaycard debt owing of around £500 !!

 

The original card limit was £1,500 back in 1997

On the 8th July 1999 Barclaycard accepted an offer of £2 per month. Interest suspended. In 2001 we upped the payments to £5 per month again with interest suspended as they passed the debt to Mercers debt collection ltd. We paid £30 a month for about 2-3 years which brought the balance right down and again no interest. We were still paying until the beginning of this year and again after reading things in the press and on this website I am sure we could just get it written off some way.

 

Surprisingly I have been a monthly subscriber to Experian for over 3 years and Barclaycard are definitely not on the list and have not been since I joined Experian.

 

Could someone please help in pointing my to the step by step guide to help clear this debt.

 

Thanks

------------------------------

p.s. about 3 years ago we claimed back over £4,000 from Halifax on bank charges! it was great and we could not have done it without Consumer Forums so a big thank you again xxxx didn't think we would need again but since my back injury and operations since Dec 2006 things are going down the wrong path again xx but we have faith and thank everyone for their help and support.

----------------------------------------

2007 - RECLAIMED over £4,000

in bank charges from Halifax Bank ;)

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gr8 thx i will get on with these this evening and post results and updates.

 

----------------------------------------

2007 - RECLAIMED over £4,000

in bank charges from Halifax Bank ;)

Edited by lisaclaim

----------------------------------------

2007 - RECLAIMED over £4,000

in bank charges from Halifax Bank ;)

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When did you get the card, lisa. I'm guessing it's pretty old and the older they are, the less likely it is that Barclaycard will have enforceable agreements, so go for it.

Have you been receiving statements from Barclays btw all this time?

I ask because I was in a very similar position to you and was paying small payments without interest. I didn't get any statements from them and after CCA ing, then sending an SAR, I eventually found out my three accounts had been written off some time back and none of my payments for the previous year were credited to my account.

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Hi, I have not received a statement from Barcalycard since 1998 !! We phoned them up a few times for balances.

 

That did worry me about these debts that the money we were paying were actually going to the debt collector and not the actual company we originally got the loan off. Not sure how it works so not really sure as to what is happening. Just thought we would give it a go as it seems everyone else is lol

 

I will keep this thread updated with outcomes. Thanks again

----------------------------------------

2007 - RECLAIMED over £4,000

in bank charges from Halifax Bank ;)

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  • 2 weeks later...

Got a reply today Saturday 2nd May 2009 from Barclaycard as follows:

 

---------------------------------------------------

" I write further to your letter and the enclosed £1.00 fee requesting a copy of your executed agreement for the above account.

 

The information we must provide to you under the terms of Section 78 is prescribed by the Consumer Credit Act 1974 and by the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

 

Under Section 78, we must supply you with a copy of your executed agreement and a statement of account which is practicable to refer.

 

Please find enclosed a copy of your latest executed agreement. This is a statement of the terms of your agreement with us and incorporates any variations to the terms made since you entered into the agreement. However, the interest rates have been omitted and the fees and charges have been suspended and no longer applicable due to the current status of your account.

 

As your account is now in a recovery programme, further information relating to the current state of your account can be obtained directly from your Recovery Team or Debt Management Agency.

 

This completes our obligation to you under Section 78 of the Consumer Credit Act 1974

 

Yours Sincerely

Barclaycard Customer Services

---------------------------------------------------

 

I have put up on the following links:

http://i44.tinypic.com/ohnvxf.jpg

http://i44.tinypic.com/23sfq1.jpg

 

The first page states that it is 1997 Barclaycard T/C. The 2 pages I have put up on the links above are very bad copies.

 

Any ideas on what I can do next.

Thanks

----------------------------------------

2007 - RECLAIMED over £4,000

in bank charges from Halifax Bank ;)

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They even admit it's not original, so I think they're nowhere near complying, but others with more experience will be able to confirm if I'm right on that.

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I'd be tempted to send them Scots letter below & see what their response is;

 

Dear Sir,

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists.

 

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you.

 

Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

Yours faithfully

Print name do not sign

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Great thx ev1. I have sent them the letter above and will see. I will post details once I get a reply.

 

----------------------------------------

2007 - RECLAIMED over £4,000

in bank charges from Halifax Bank ;)

----------------------------------------

2007 - RECLAIMED over £4,000

in bank charges from Halifax Bank ;)

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  • 4 weeks later...

Right got a reply from Barclaycard - 3 pages see below

 

page 1 - http://i39.tinypic.com/21141zp.jpg

 

Page 2 - http://i43.tinypic.com/2zgaibq.jpg

 

page 3 - http://i41.tinypic.com/2ymd6xf.jpg

 

... any ideas as to what I should do next please.

 

Thank you

----------------------------------------

2007 - RECLAIMED over £4,000

in bank charges from Halifax Bank ;)

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Standard barcaycard waffle.

 

For obvious reasons they also fail to point out that 'Cancellations Notices & Copies of Documents Regulations 1983' states that documents should be "easily legible"

 

They have not complied and if your copy is as good as the one I can see, it fails on that as well.

 

David

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Thanks for that. Do I have to reply with anything else or just ignore now? Unsure as to next step if there is any lol:)

----------------------------------------

2007 - RECLAIMED over £4,000

in bank charges from Halifax Bank ;)

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  • 9 months later...

Did not hear anything from Barclaycard since last year and last week I got a letter from a debt collector stating that the debt had been passed to them. Is there anything I need to do as they are wanting me to pay full balance ?

Thanks

----------------------------------------

2007 - RECLAIMED over £4,000

in bank charges from Halifax Bank ;)

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Did not hear anything from Barclaycard since last year and last week I got a letter from a debt collector stating that the debt had been passed to them. Is there anything I need to do as they are wanting me to pay full balance ?

 

Thanks

 

I assume that you sent the 'account in dispute' letter to BC last year re their junk CCA?

They obviously think so anyway!!

If you have not - CCA the collector. When they come back with the same junk, (be interesting if it was different), send it then.

David

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Morning, thanks for the responses...

 

cerberusalert I click the link but it just sends me to the main forum menu. Can you please repost. thanks

----------------------------------------

2007 - RECLAIMED over £4,000

in bank charges from Halifax Bank ;)

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Hi, thank you yes working now... I have done and sent in post and through email and will update if anything comes back.

 

 

... yet again many thanks x

----------------------------------------

2007 - RECLAIMED over £4,000

in bank charges from Halifax Bank ;)

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  • 2 weeks later...

xx Hello everyone... hope you all have a good Easter xx

 

I received a reply back from Lowell Financial please see this link:

http://i39.tinypic.com/20pdnjl.jpg

 

... should i respond or just wait and do they have a point !?!

 

Thanks in advance

----------------------------------------

2007 - RECLAIMED over £4,000

in bank charges from Halifax Bank ;)

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From my own experience I know that Barclaycard have sold a lot of ancient debt to the debt buying cretins. I also know that very little paperwork was passed - it is very unlikely that B'card would have sold it on if they could collect themselves.

 

In the next few days therefore you should expect Lowell to confirm that thei client, which is unlikely to be Barclaycard, doesn't have anything. They will then probably insist that they do have the right to demand money from you because of some ancient right handed to them by an obscure act of parliament. They don't!

 

There's a letter which I can't find at the moment to fire off to them at that point which should see them off.

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