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    • dca please.?   Barclays would have marked the A/c Defaulted on or before sale, and issued a default notice a dca debt buyer cannot issue a default notice    send Barclays an sar.   the A/c was opened whilst resident in Scotland that means the debt is statute barred and extinguished,, dead gone parrot. though that has no relevance to a credit file.    
    • scan it all up to one multipage PDF read upload carefully   I suspect its the usual stuff they troll out for vanquis card debt those  application forms are not a credit agreement    lots of previous Lowell claimform threads here to read that explains why.   dx  
    • In late 2014, I received correspondence from a DCA acting on behalf of Barclays, pursuing a student overdraft of around £1k from 2003. I hadn't used this account in many years, well over six, and it is my belief (though, in full honesty,   I can't actually remember, and can't prove anything) that it was closed a couple of years later in around 2004/2005/2006 (and it wasn't on my credit file in 2014), and the overdraft transferred to RBS (an account also closed so long ago that it is long since gone from my credit file. I certainly don't recall using it after 2004, and it was quite common then to transfer student accounts/overdrafts between banks.   I emailed the DCA, stating that I didn't acknowledge the debt, that it would be statute-barred in any case, and requested an original credit agreement. None was forthcoming,   after some back and forth, I invited them to issue proceedings if they felt they had an enforceable credit agreement. They did not respond.   I am currently looking at applying for a mortgage, and have noticed that whilst this account doesn't appear on Equifax or Experian, it is on my TransUnion file, showing as set up in 2003 and defaulted in 2015.   Does anyone have any advice as to what I should do? The 2019 Doyle case might make my contention that it was statute-barred somewhat shakier, though, equally, I haven't heard anything about it in over five years,   I cannot believe that, if the account was not closed/settled in the mid-2000s as I believe, that Barclays would not have issued a default notice before 2015. Does anyone have any advice as to what I should do?   I want this off my credit file, even if the account wasn't closed in 2004, I believe that Barclays/its DCA are trying to pull a fast one by recording a default in January 2015, but given that neither party has any records with which to validate their belief/position, it hardly seems fair that I pay out for something that either doesn't exist or ought to be statute barred? A further point is that whilst it is Barclays, the account was opened at a branch in Scotland (where I lived/studied), where I believe that the Limitation period is five years, so, even if it transpired that the default was legitimately in 2015, would the matter now be statute barred anyway? Or would it be six years given that I now live in England?
    • Hi.   Quick update. I have contacted the FOS and asked for written confirmation of the decision made so that I can take court action.   I have had my Cifas report today. It states.   Barclays Bank registered a 1st party fraud report against me on the 30th May 2019. This is the date they closed my account.   Case Type: Misuse of facility. Reasons: Multiple encashment fraud. Cifas Filing: First party fraud - (Opening an account or other facility for a fraudulent purpose or the fraudulent misuse of an account or facility; or taking out and insurance policy for a fraudulent purpose or the fraudulent misuse of an insurance policy and/or insurance policy documentation)   So, they told the FOS early December that my credit file would be amended and any negative reports would be removed, but as of today the account is still in default with Equifax and I still have the Cifas registered against my name.
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Nottsdave

CCJ ---Appeal ?

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Hi

 

I have a quick question

 

I have a court case looming and the agreement is deffo just a application form with none of the presecribed terms (verified on the forum and by a legal bod).

 

So if a CCJ is awarded against me how would I appeal and indeed would I be able to ?

 

 

Notts


As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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anyone got any thoughts ?

 

 

Notts


As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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application is deffo?.......

 

can you explain?, have you defended or contested the claim??

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I was in court back in July and the Judge adjourned. Im back in court shortly.

The agreement the claimant sent me is a application,not a compliant agreement


As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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Did you put in a defence? when are you back in court?

 

This letter may have helped you, thinks it may be a bit late now?? - or could form part of your defence? (and heres the forum link)

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/51914-cca-request-template.html

 

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. An application form, like the one 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. A application 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/2007 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

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper Consumer Credit Agreement request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. If you continue to try to enforce this debt without complying with my original request you will have committed a criminal offence and your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.

 

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.

 

 

I look forward to your reply.

 

Yours faithfully

 

 

**amend to suit your circumstances.**

 

 

Regards.

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Hi Eman

 

Thanks for that I have submitted my defence and W/S and I now await court.

What I want to know is if I get a CCJ can I appeal ? and what is the process.

 

Notts


As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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If you get a CCJ and you wish to appeal you have to ask leave of the court to do so within I believe 21 days...

 

With regards to your defence and witness statement... did you ask if you can amend your defence accordingly should 'anything come to light'?

 

Spam :)


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Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

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Cheers guys,

 

If you get a CCJ and you wish to appeal you have to ask leave of the court to do so within I believe 21 days...

Thats what I wanted to know

 

Notts


As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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Although this link refers to family cases I believe it is also the same for monetry claims..

 

SPIG - Appealing a judgment

 

It gives you the reasons you can use to ask for an appeal.

 

Spam. :)


[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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cheers Spam

 

Im just worried that if I get the same DJ then I will get stuffed like the first time but I will appeal.

Just because he didnt know the law.

 

 

Notts


As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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got a ccj in front of me, do you want me to upload the warning notes?

 

I think if you pay within one month, you can ask the court to cancel the entry on the register?

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cheers Spam

 

Im just worried that if I get the same DJ then I will get stuffed like the first time but I will appeal.

Just because he didnt know the law.

 

 

Notts

 

The art is to 'teach him the law' as you go along.... for every point you make back it up with case law acts etc. Then maybe you won't have to appeal. Just baffle him with your knowledge.:D

 

Spam.:)


[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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got a ccj in front of me, do you want me to upload the warning notes?

 

I think if you pay within one month, you can ask the court to cancel the entry on the register?

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if you could that would help.

 

thanks

 

Notts


As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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If a CCJ is awarded against you.... you have 30 days to pay it off in full and then it can for a small fee be removed from the CCJ register and its cleared for ever.

 

If you wish to appeal the judges decision you ask after the judgement is given for leave to appeal, if he/she doesnt give it no worry. You apply to the level above the judge you have had for right to appeal.

 

This link walks you through who you have to appeal to...

 

Interactive Routes of Appeal - Civil Appeals Office

 

S.


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thanks Shadow,

 

 

Notts


As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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