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    • Equivo are applying for an interim charging order although I know why they want to do this, I find it to be very unjust and needless in my point of view! and don't know why there is a continuing need to harrass me with a Charging Order. No payments have been missed since the order was made and a total of £360 paid to date The debt amount has not been reduced as they keep adding interest, the original debt was £1500 it now stands at £1700 The judgement didn't order a payment plan but we have agreed to one and for three years they have accepted my payment...not sure if that relevant? Also I live with my partner and they have sent her the same as she has a 50% claim to the property how can I stop this? many thanks Webbs   Interim Charging Order Creation Finance Old Flybe Card.pdf
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Goldfish/barclaycard/calder/apex No Cca


HULMEC
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I would very much appreciate any advise and guides on this matter.

My original Goldfish card was on reduced repayments then in November 2008 I received a letter form Barclaycard stating they had taken over the account after financial problems I found this site I have used the various templates and information to get as much information on my account as possible.

I have during all communication with the various companies maintained token payments to them. I was prior to my semi retirement self employed and have been since taking out the card some 10 years ago paid PPI upto about 7 years ago.

I requested a copy of my credit agreement from GOLDFISH on 30th September, 2008

I received a letter from GOLDFISH with basically A poorly photocopied unsigned Credit Agreement that contained nothing near the correct prescribed terms along with an card outer they send along with a Credit Card and An Account Information Sheet signed by a team leader.

Barclays then notified me in November the very day I received the items from GOLDFISH stating they had taken over the running of the account which was in arrears so pay up....

I sent a letter back stating that GOLDFISH were in default for not producing a credit agreement and to avoid any doubt if you are the new owners of the account I would like my Credit Agreement from them.

They failed to respond and on 12th December I received a letter from their in house collection agents CAULDERS which basically said pay up or else.

I then sent a Subject Access Request to Barclays Head office on 22nd December, 2008 asking for basically everything not limiting to 6 years and including the request for my Credit Agreement.

During late December early January the calls were coming in thick and fast from CAULDERS demanding this demanding that and enough was enough so I sent them the telephone harrassment letter and surprise, surprise the calls did stop!!!

I received a letter dated 16th January 2009 from CAULDERS/BARCLAYS stating that they intended to sell the debt which I replied with a reminder that the account was subject to a SAR which to date they had not replied.

I then received a letter dated 18th January, 2009 that basically said they were sorry with what had happend and would get back to me by 10th February, 2009 when they had fully investigated my compalint and request.

I then received a package from BARCLAYS dated 19th January which basically contained 6 years statements and the covering letter stated this is ALL the data they held.

I then again received a letter from BARCLAYS dated 10th February, 2009 AGAIN saying they were still investigating my complaint/request and would contact me by 10th March 2009

Once again I received a letter dated 18th March, 2009 again they were still investigating my request/complaint and would contact me by 20th April, 2009

On 21st April, 2009 I received the following letter dated 1st April, 2009 which read word for word as follows;

Barclaycard A/c: xxxx xxxx xxxx xxxx

Firstly please accept my apologies for the delay in response and for all the inconvenience this may have caused.

I write further to your letter requesting information on your account in respect of section 78 ofthe Consumer Credit Act 1974.

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

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

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

Yours sincerely

L----e C-----r

Court Orders and Disclosures

Legal and Regulatory Compliance.

What are they talking about! After months of fobbing me off and me thinking they were looking into getting my original agreement they are basically stating that even though they have not sent a single item that represents an agreement and only 6 years of statements that is it! It seems to me that they have just played for time until they have sold the account on and can walk away without question leaving me back at square one.

Today I have received a letter from APEX which includes A second letter from Barclaycard which basically states that they have now bought the debt but wait for it not from Barclays but MBNA (which I am sure is a typing error) AND I MUST telephone them to make an arragement to pay them - I have absolutely no intention of contacting them via telephone. The account number has changed and the enclosed letter from BARCLAYS basically states that this is my notification from them that they have assigned all the rights to APEX.

But what rights when they could not produce valid documents in the first instance. I am really stumped as to what to do next. Do I write to APEX asking for my agreement or do I write to Barclays... I would really appreciate any help with this.

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Send the following letter to Apex -

 

 

 

 

ACCOUNT IN DISPUTE

 

Your Reference:

Client reference:

 

 

Dear Sir or Madam,

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***Bank*** and has been since ***Date***

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

 

As *** Bank*** is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to *** Bank*** for resolution of these defaults and breaches, as *** Original Creditor *** cannot lawfully pursue any enforcement activities.

 

If *** Bank ***chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

 

 

Yours faithfully

 

 

Print name do not sign

 

 

 

 

 

Amend to suit, send by Recorded Delivery.

Edited by supasnooper
typo

 

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Hi Hulmec,

 

Have you been through the a/c statements to see if you've been charged any penalties on the a/c in the past 6 years.

 

These can be reclaimed to reduce the overall debt owed.

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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Hi Slick132,

 

 

I had not thought of going through the statements sent I have been a little pre occupied and more focused on getting my correct CCA and Data Protection Info along with which way to turn as they just do not seem to be bothered at any of my requests it is as though they are above the law, they can demand and hassle me pass my account from one company to the next but when I request information they are just totally ignorant and non forthcoming... I must take a step back and start thinking outside the box more.... I really appreciate your advice and I am going to make that one my to do tasks...Thankyou

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Good, and keep looking at this from all angles.

 

You won't get a credit agreement from BC with a CCA request, so read up on using the CPR strategy at Link No2 in my signature below.

 

They'll ignore you as much as poss and stick to their own agenda, ie harass and get payment.

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

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

 

Thanks !:-)

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