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    • 3rd Try   STATEMENT OF  I Mr will say as follows:    INTRODUCTION  1: I am the defendant and state that the facts contained in this statement are true to the best of my knowledge.   2: There are several documents attached with this statement. (paginated)   3: The agreement was later assigned to the claimant on 29/09/2017 a notice of assignment, incorrectly dated (See Exhibit 1) was sent to the defendant. It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already wrote off as a capital loss and claimed against taxable income. The claimant then issues on mass claims to circumvent and claim the full amount of debt to maximise profit.   4: As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. 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(Exhibit 3) 8: The defendant stated in his defence that no evidence of the CCA has been provided. 9. The alleged account is £less that £200 over the credit limit but the default notice states that the arrears on the account is £200. Under section  87/88 of the CCA the default notice should not include unlawful fees in it sum requested. 10. The defendant sent a Subject Access Request letter dated 30/11/2021, on writing this witness statement nothing has been received.   DEFENCE:   11: The claimant has not provided a true copy of the CCA despite numerous requests being made firstly in September and secondly on the 07/12/2020 in response to claim despite stating in the letter dated 23rd October 2020 `please find enclosed a copy of the agreement. Should the claimant magically supply some form of CCA at trial, defendant would highlight why this wasn't provided, when requested, on numerous times before trial. Defendant would then highly stress to the court that this is indeed not the true copy of the executed Credit agreement.   12: There is no valid copy of an executed consumer credit agreement that complies with the CCA1974   13: The `so called ` copy of agreement stated in claimants letter dated 23/11/2020 is in fact stated as an online application and is no more than a log from either the OC`s operating system or one that has been constructed since with details from the account to look like an application. 14. The notice of assignment dated 11th May 2017 (Exhibit 1) states that the debt was sold to Lowell Portfolio I Ltd on the 29th September 2017. This is confirmed in 2 separate letters. One from Vanquis and the other from Lowell Portfolio I Ltd. Section 82A of the CCA 1974 states that the assignee must arrange for notice of the assignment to given to debtor. The above letters show that the notice of assignment has incorrect dates, thus rendering the notice of assignment invalid and thus the claimant has not acquired the debt correctly and thus cannot claim.   IN CONCLUSION:   15: Without a valid true copy of the executed Credit agreement that complies with the CCA1974 the claimant has no grounds on which to enforce this alleged debt and has in fact attempted to mislead the courts in to believing that they have the necessary paperwork.   16: The incorrect dated Notice of Assignments letters questions the ability of the claimant to maintain correct paperwork and thus the defendant is unsure what paperwork supplied is correct.   17: It is therefore requested that the Claimants Claim is struck out pursuant to the above.   Signed  Dated this day…….      Could you check out this part   "14. The notice of assignment dated 11th May 2017 (Exhibit 1) states that the debt was sold to Lowell Portfolio I Ltd on the 29th September 2017. This is confirmed in 2 separate letters. One from Vanquis and the other from Lowell Portfolio I Ltd. Section 82A of the CCA 1974 states that the assignee must arrange for notice of the assignment to given to debtor. The above letters show that the notice of assignment has incorrect dates, thus rendering the notice of assignment invalid and thus the claimant has not acquired the debt correctly and thus cannot claim."
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Barclaycard refuse my cca request


weeblewobble
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I requested my cca on 5/5/09 but all i got in return was a copy of terms and conditions on 26/5/09, so i then sent off another letter saying the account was in dispute because they didnt send me a signed copy etc.

 

Yesterday i recieved the following (see copy).

 

Can anyone advise me if they are correct in what the letter states, and/or what i should do next, they are still charging me and still ringing up every 5 damn minutes, even though i have sent the harrasment letter:mad:

 

Please help.

 

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Anthrax alert at debt collectors caused by box of doughnuts

 

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Thanks for the reply.

It looks like i sent the wrong letter (although it was from the letter templates section):confused:

 

I will send them a new letter from the link provided and see how i get on from there.

And having looked at other barclaycard posts it would appear that the letter i received was a standard response:rolleyes:

 

Im trying my best to read up on other threads but have a bit of trouble understanding sometimes:(

 

But i will keep trying.

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It wasn't that you sent the wrong letter, it is Barclaysharks playing silly beggars. They are trying to hide behind the CCA 1974 because of one of two reasons, a) they can't be arsed to dig out the original CCA from their archives or b) they can't provide one. ;)

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

 

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17 Port & Maritime Regiment RCT

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Weeblewobble can I ask what address you sent your CCA request to?

 

I have Barclaycard House, PO Box 5592 NORTHAMPTON, NN4 1ZY & I'm not sure its the right address. Although I see your reply came from that address so maybe it does go there.

 

Goodluck with the 2nd letter & fingers crossed they send you an unenforceable one!!

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they can't be arsed to dig out the original CCA from their archives or b) they can't provide one.

 

I understand now LOL, i will send a new request and see what happens.

In the meantime i will carry on ignoring their calls (had 4 in the last hour) even had a text off them yesterday:x

Im almost at the point of beyond caring now, let them take me to court, they cant have what i haven't got:rolleyes:

 

Thanks again for your help:)

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Yes, then you can follow the steps in that thread if need be.

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

 

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17 Port & Maritime Regiment RCT

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