Jump to content



  • Tweets

  • Posts

    • Bank the cheque.  No doubt it will bounce - but you never know. When it bounces - that is when you are meant to access their website link and enter your personal details - but of course - DON'T.
    • Wayne Ting, chief executive of e-scooter firm Lime, says there's room for improvement. View the full article
    • If you are absolutely certain* that you were parked OK, write a letter of complaint to the Headteacher and copy in the Chair of the school governors.   If you or the car were identifiable in any way from the photo (eg visible registration number, driver's face etc) I would very politely write that you resent the untrue suggestion that you had parked/had stopped/were waiting in a way that contravened any traffic regulations, and that you are sure that the school will understand that you would like an apology and a correction to be printed in the next newsletter.  (You can also clearly state that you were identifiable from the photo because other parents have mentioned it to you).   See if that works.   You don't want to go to court for defamation as you'll need access to about £10k in fees before you get out of bed.  You just want an apology and a correction.  If what you've told us is accurate, I don't see any reasonable school failing to say sorry.     *My wife is a former school governor and my experience listening to her is that very very few parents actually understand the meaning of the no stopping/no waiting signs and road markings outside schools.  Don't complain unless you are sure you weren't stopped where you shouldn't have been.
    • And they haven't offered a speed awareness course either?  (Have you done one in the last three years or is this in Scotland?)   And is one of the notices for 34 in a 30?  As Man in the Middle says, that ought to be below the level at which they take action.   (And sorry - I don't want to appear preachy - but...  there don't have to be any warnings or signs or lines on the road to advise you of the presence of speed cameras.  If you get away with an exceptional hardship argument you will need to stick to speed limits in future - whether you know there are cameras there or not.  NB Don't know if this applies to you, but most 30 mph limits are restricted roads with a system of streetlighting and don't even need speed limit signs - you are assumed to know this from the Highway Code).
    • It's up to you if you want to pay £300 you don't owe plus whatever Unicorn Food Tax with no basis in law whatsoever that they will have made up in the Letter Before Claim.   We'd prefer you didn't.   But you have received a LBC so it's make your mind up time.   So please    - post up photos of the signage in the dark that you'll have taken two months ago (post 14)    - post up details of planning permission for their signs you'll have found out after you got onto the council, again two months ago (again post 14)    - also let us know if you agree with Brassnecked's excellent letter or if you'd like to tweak bits depending on what you've found out    - upload the LBC.  Some of them are appallingly drafted and invariably contain Unicorn Food Tax which is all useful extra ammo    - also, where are you living now (post 35) and are you comfortable with legal communications arriving at your parents'?   If you look in our PPC Successes thread at the top of the page, you will see 275 times these cheats have been seen off with their tails between their legs (and all had the same "well known legal companies" (ho! ho!) on hand).  In reality 275 times is a massive underestimate, in all 275 cases there was a "moment of victory" IYSWIM where the PPC were thrashed in court or discontinued a claim or were called off by a supermarket chain, etc., etc.  There will have been at least that number again where they were told to Foxtrot Oscar and then crawled back under their stone.  They are eminently beatable but logically when you're in legal dispute you have to put some graft in to beat the other party.
  • Our picks

MKDP & Barclaycard Claim Form***Strike Out***


Please note that this topic has not had any new posts for the last 2169 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Well, I finally picked up the courage to send a request for CCA and first ones to respond were Barclaycard.

 

They quote some regulations in 1983 and 1985 and say they can instead send copy of the current executed agreement to be sent under separate cover.

 

MBNA and RBS have yet to respond but instead I have receved letters for DCA and Solicitors respectively. I suppose I should post them under separate threads.

 

I am posting response from BC in the hope that someone could advise me on how I should proceed and what can they do etc.

 

Thanks in advance.

Link to post
Share on other sites
  • Replies 93
  • Created
  • Last Reply

Top Posters In This Topic

Is that all that they have sent you?

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Link to post
Share on other sites

Expect to receive a copy of t&c in the post (your "executed" agreement)

 

Apparently complaining to the FOS has proved successful in getting the agreement so that might be one avenue...

 

Others are a Subject Access Request or using the CPR strategy but that'll take court action.

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

Link to post
Share on other sites

Well, it arrived this morning and they are just T&C (standard). B/card claim that this is all they have to send, as per regulation 9 of 1983 regulations, as my card was taken out prior to 19th May 1985. Is this true? Should I now request this under Civil Procedure! - link -

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

What should I do next??

Edited by Shanidev
forgot attachment
Link to post
Share on other sites

the chances of B card still having your signed agreement are probably the same as me getting katherine jenkins and katehrine zeta jones in my bed at the same time!!

 

im afraid a SAr to barclays will not turn up an agreement either

 

The T & C's sent to you are generic and have no reference to you whatsoever,

 

 

You need to make a judgement call on this one unless you wish to take them to court

 

 

You need to write and tell them that they have failed to fulfil their obligations under the CCA sect 78 in that they have not provided you with a true copy of a properly executed agreement and that what they have sent you does not bear any reference to you

 

( this is bulls***t) as they probably are complying given the age of the agreement ( but hey since when did barclays have the sole rights to Bullsh*t)

 

I would then challenge them by stating that you do not beleive that they have a properly executed agreement however if they believe they have then they could save you both time and expense by allowing you to see the agreement, this you will argue would also save future litigation. Tell them that it is to their advantage to show you this agreement as if it is enforceable they will achieve what they want from you without further expense and litigation

 

tell them that you are prepared to pay the reasonable costs of couriering this agreement to your local barclays branch for you to see to which end you feel that 21 days would be a reasonable time scale failing which you will assume that they do not in fact have an agreement and you will consider the account closed

Link to post
Share on other sites
  • 3 weeks later...

Is there a template somewhere that I can use. I think I need to call their bluff and ask them to close this account. I have Mercers, then Scot-Call or was swift, then Power2Connect and couple of other and now RMA pestering me about the same account.

 

Thanks and Regards, Shanidev

Link to post
Share on other sites
Is there a template somewhere that I can use. I think I need to call their bluff and ask them to close this account. I have Mercers, then Scot-Call or was swift, then Power2Connect and couple of other and now RMA pestering me about the same account.

 

Thanks and Regards, Shanidev

 

you are a (potential) LIP you don't need to be perfect just go with the flow and along the lines i mentioned SHOW that you are being reasonable and making an attempt t resolve the matter whereas all they are doing is obfuscating

Link to post
Share on other sites
  • 1 month later...

Now I have RMA, CSL and Power2Connect chasing me Barclaycard. This time they have the right account number but spell my name wrongly. I have sent Account in Dispute letter to Barclaycard and am awaiting their response.

 

Do I wait for Barclaycard to respond or do I reply to these £$%£ even though they mis-spell my name!!

bc rma.pdf

csl bc.pdf

p2c bc.pdf

Link to post
Share on other sites
Now I have RMA, CSL and Power2Connect chasing me Barclaycard. This time they have the right account number but spell my name wrongly. I have sent Account in Dispute letter to Barclaycard and am awaiting their response.

 

Do I wait for Barclaycard to respond or do I reply to these £$%£ even though they mis-spell my name!!

 

You can either ignore until they get more serious or send them a) a cca request or b) the "bog off dca cos the account is in dispute letter, pass back to Barclaysharks"

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

Link to post
Share on other sites
  • 3 years later...

Now Barclaycard have sold the debt to DCA who have put a claim through CCBC/MOCL. What documents should I request and can you do an SAR or credit card debt? I am going to ask for CCA and deed of assignment. What else should I be asking for.

Link to post
Share on other sites

I had two Barclay card accounts, well three actually they bought egg. They have written on all three saying they do not have the CCA's and yes it is un-enforcable but the debt remains, the usual blah de blah, the only way I got them to admit it was under the consumer protection form unfair practices. Now they sold two to Cabot and they had the same response from me, NO CCA NO PAY as for the egg one they have tried four DCA's and exactly the same, sent the letter from Barclays saying sorry no CCA, so told them to bog off which they did quite easily. Cabots last fire of there gun is to threaten you that you have paid for blah blah number of years so you have acknowledged the debt, that is easily put to bed by quoting court cases which you can find on here. To end the letter I always say if you think you have a case under this dodgy piece of made up nonsense, see you in court. They then reply WE HAVE NO PLANS TO TAKE YOU TO COURT, as you are aware we cannot enforce and enforcement means county court blah blah.... So as diddy say's they probably have not got one and the ball is firmly in your court.

[sIGPIC][/sIGPIC]Happyhippy1959

Link to post
Share on other sites
  • 3 weeks later...

They sent claim through CCBC claiming full amount saying that they have completed all pre-legal action tasks. Produced no docummentation but now pursuing it on smail claims track but they want me to go all the way to their location. I can't afford this luxury what shall I do.

Link to post
Share on other sites
  • 4 weeks later...

Today, I have received N24 with this wording. Now sure what to say on Direction Questionnaire. I have repeatedly requested agreement, assignment and any other direction but so far they have provided nothing. Where do I stand, any advice!!

 

"Before the Court Officer sitting at Northampton (CCBC) County Court, 4th Floor St Katharine’s House, 2 1-27 St Katharine’s Street, Northampton, NN1 2LH.

The Defendant, you have been sent Notice N149A, B or C which specified the date by which you were required to return the Directions Questionnaire and pay any applicable fee. You have failed to file the Directions Questionnaire and any requested fee with the CCBC by the date specified in Form N149.

IT IS ORDERED THAT

The Defendant must file the Directions Questionnaire with the CCBC on or before 7 days from service of this Order with County Court Bulk Centre via post at St Katharine’s House, 21—27 St Katharine’s Street, Northampton, NN1 2LH, via Document Exchange at DX 702885, or via email at ccbcaq@hmcts.gsi.gov.uk. If the Defendant does not comply with this notice your defence/counterclaim will automatically be struck out and, subject to the Claimant having complied with this order, the Claimant will be at liberty to enter judgment.

You can download a Directions Questionnaire from http://www.justice.gov.uk/forms. For claims up to £10,000.00 please download form N180. For claims over £10,000.00 please download form N181.

This notice is served pursuant to paragraph 2(2) of the Practice Direction supplementing Part 51 of the Civil Procedure Rules. This Order has been made without a hearing. The parties have the right to apply to have the Order set aside, varied or stayed. A party making such an application must file the application with the CCBC (together with any appropriate fee) within 7 days of service of this Order."

Link to post
Share on other sites

Hi Shanidev,

 

Regardless of what the Claimant has supplied or not, you are still obliged to follow the court's Directions or requirements. If you fail to comply, you risk having Judgement made against you with no hearing.

 

Did you send the Claimant a CPR 31.14 request asking for sight of the credit agreement, Notice of Assignment, Default Notice, etc.

 

Did they provide anything in response.

 

Did you enter a defence against the claim and, if so, please post here exactly what you said.

 

Re the Directions Questionnaire - what are you stuck on.

 

It should give you the chance to nominate your local court for the case to be heard if it goes that far.

 

When is the DQ due back at the court. If you are at risk of missing the deadline, call the court and explain that you're getting advice and will respond within 7 days from tomorrow if the court will kindly agree.

 

:wink:

  • Confused 1

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 !:-)

Link to post
Share on other sites

Moving to Legal Issues forum

 

:wink:

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 !:-)

Link to post
Share on other sites

You can download a copy of the new Direction Questionnaire from the link below.

 

 

 

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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Thanks for your reply slick132 and Citizen B for the URL. Here are my answers in italics.

 

Did you send the Claimant a CPR 31.14 request asking for sight of the credit agreement, Notice of Assignment, Default Notice, etc.

 

Ans: DCA never cited any of these in their claim. So, I just wrote to them asking for agreement and deed of asignment

 

Did they provide anything in response.

 

Ans: No

 

Did you enter a defencelink3.gif against the claim and, if so, please post here exactly what you said.

 

Ans: I basically said they have not provided anything to validate (full text at this URL: http://sdrv.ms/14CO7AR)

 

Re the Directions Questionnaire - what are you stuck on.

 

Ans: What do I say for mediation (Yes or No). My thoughts are 'how can I talk to them if they have not proved the debt.

 

It should give you the chance to nominate your local court for the case to be heard if it goes that far.

Ans: Yes it does but they have not proved the debt, how can I go with small track or any other track.

 

Rest is just name address and signature. Thanks in advance for your help.

Link to post
Share on other sites

Hi Shanidev,

 

Good to see you entered a defence.

 

Unless you made an N244 Application and paid the fee, the court will not consider your request for the claim to be Struck Out.

 

Say YES to Mediation so you are seen to be reasonable in the matter.

 

Seek the transfer of the case to be heard at your local court.

 

The court will allocate to the track appropriate for the amount claimed but, if the claim is below £10K, it'll be Small Claims Track.

 

They will not "prove the debt" until a court hearing. However, if they don't have the necessary documents, they may decide to withdraw the claim. If not, you can apply for the case to be Struck Out but you need to do this properly.

 

:wink:

 

Approx how much is the claim for.

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 !:-)

Link to post
Share on other sites
just over £2200

 

So the claim will be allocated to the Small Claims Track for sure.

 

:-)

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 !:-)

Link to post
Share on other sites
  • 3 months later...

Urgent advice needed

 

Mediation service called and left a message. I sent them details of claim number etc but nothing came of it. Anyway, it got assigned to Small Claims Track and transferred to local county court. Despite my repeated requests DCA never sent anything. I have been away on my employer's business and came to a wad of mostly junk mail. Amongst these I found County Court notice saying preliminary hearing in 3 weeks time. I am lost as to what to because the clowns have not sent anything. Their solicitor will probably come with half a ream of paperwork and flash a few of these in front of the judge. They will claim they have sent (usual trick) and the judge will take their word and imply I am lying.

 

How can avoid this happening??

Link to post
Share on other sites

Hi Shanidev,

 

Looks like Mediation has been left aside for now, for whatever reason.

 

Please confirm the exact Directions given by the court about the Prelim Hearing.

 

If the Claimant has not supplied the info you reasonably require to defend your case, you can ask the judge to order them to do so when you attend the Prelim.

 

:-)

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 !:-)

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...