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    • Hi   I could be wrong here so could @namedisplay please clarify if I am correct or completely wrong?   In your post#1 you mention that due to your health issues and your mental state at the time you rang the Training Room and was told it would cost and initial £200 and then £15 per month until you finished the course.   Then further in post#1 The Training Room told you you were not eligible for an extension because you hadn't completed enough of the course.   With the above I now refer Post#12 which mentions your circumstances are covered by 13 in the TTR Terms and Conditions.   What is mentioned above seems conflicting from TTR for the following:   1. IMO that money of £200 and then £15 per month (on top of original Course Fees) was them at that time agreeing to an extension as per 13 in TTR Terms and Conditions   2. Them stating you can't extend Course as not completed enough of Course is not in TTR Terms and Conditions (that I and others can see) (Note they could be referring to 15 in TTR Terms and Conditions)   Can you clarify the above and were you informed those extra costs were due to an extension of your Course.   Again I will ask did you provide the Training Room with Medical Evidence when you asked the above?   We also still need to see the Letter from Training Room Threatening Legal Action (fully redacted) which you still haven't posted?   You need to send The Training Room a Subject Access Request (SAR) asking for 'ALL DATA' that simple phrase means whatever format they hold that data in whether it be written, email, recorded phone calls etc.   They then have 30 Calendar Days to respond to your SAR Request and that Time Limit only starts once they have acknowledged your SAR Request. They can extend that Time Limit if they need to prove identity before actioning the SAR Request so be aware of that.   A SAR Request is now FREE and make sure you get Free Proof of Posting from the Post Office     Your right of access ICO.ORG.UK   Can you please make sure you answer the questions asked of Caggers to assist you    
    • I've been trying to resolve a issue with 8 PCN issued by Tyne Tunnel 2 (tt2.co.uk). Tyne Tunnel 2 is a gated toll charged tunnel to cross the River Tyne in Newcastle. We moved in recently so all a bit new to us. My dad had been using the tunnel about twice a week and he had been paying cash for the toll fee at the booths. At some point in November 2021 they had done some constructions where the gates had been closed and payments had transitioned to online methods. My dad had been oblivious to this and been on his merry way multiple times thinking that he doesn't need to pay. So he received the first PCN some where end of November which had been issue on the 26th after which point I went on alert and sorted out the online accounts and such. However the current total of fines has amounted to £255.20 and I have appealed explaining that soon as the letters were received we have resolved the issue but they insist on us paying 8 PCN. I feel it's unfair that the fine is for the same offence which we couldn't have rectified or known until we received the first PCN letter and after the first PCN we have rectified it so feel they are being bit draconic. Any advice on this matter? 
    • No need to apologise! I am extremely grateful for both your help   Gosh very good attention to detail going on here   Great thank you, i will put them back as below   Good evening to you   DEFENCE   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.     2.     Paragraph 1 is noted. It is accepted I have in the past had agreements with Lloyds TSB. I do not recall the precise details or agreement nor the claimant either, having failed to provide an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   3.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      4.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or Lloyds TSB pursuant to the Law of Property Act 1925.   5. Paragraph 3 is denied. I am unaware of any Notice of default served.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14.    Therefore the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement ; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence a Default Notice /Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 5th of January 2022 I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 5th of January 2022 I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of 27/01/22 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • std letter the court send simply telling you the claimant has 28 days to do 'something' else the claim get autostayed.   go read a goof few 10's of PCN claimform threads.    
    • Update. I get the feeling they will try and take me all the way. Just have to wait and see. court letter..pdf
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Barclays response to CCA request


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Helping a friend.

 

Has old Barclays default consisting of Barclayloan and Overdraft, defaulted over six years ago so no longer affecting credit rating but still large outstanding balance.

 

CCA'd DCA (RMA) and they forwarded the request to Barclays.

 

Had a letter from Barclays today saying "We are unable to proceed with the request as the sort code and account number are invalid, please provide correct" blah blah blah

 

RMA just wrote an account number and sort code on the CCA request we sent them and forwarded it to Barclays.

 

What do you think is the best way forward?

 

It seems to me that RMA bought the debt from barclays a few years ago but messed up by sending the request to Barlclays when they should have sent a deed of assignment and their copy of the original credit agreement?

 

Any letter templates? I don't think the generic one applies in this instance, does it?

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has there been any financial transactions on either in the last six years?

try ing to understand your default comment

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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There have, yes.

 

The account defaulted in Jan 2003. Has been paying bits & pieces on and off since. Not a lot.

 

Here's the first letter we sent:

 

 

To whom it may concern:

 

I write today regarding recent conversations with your company.

 

It has been alleged by your company that I owe Barclays a sum of money, and I have been making payments that I can afford to on an irregular basis for the past few years.

 

Your company claims that I have had, and broken 16 agreements over the past few years. I do not recall ever agreeing to may a set payment on a set day of the month, every month. All I have ever done, and agreed to do, is to pay what I can afford to, when I can afford to.

 

As my income is variable it is impossible for me to ascertain a specific monthly figure that I can afford to pay each month without fail unless I consider the worse case scenario.

 

I have tried to explain this to your colleagues on multiple separate occasions only to be met with patronising threats and connotations to your company taking actions against me.

 

I spoke to your colleague last week to advise that I would be making a payment mid month. I also requested your bank details so that I could set up a standing order, to appease your whim to receive money on the same day of the month every month, despite this being a great inconvenience to me.

 

As usual, when I explained the situation, your colleague made suggestions that they would only accept a full and final payment, that they are not there to deal with accounts as old as mine etc., paying no attention whatsoever to my explanation or offer of payment.

 

Due to the continued ignorance of your company and colleagues, I hereby rescind permission for you to contact me by telephone and the owner of the telephone line rescinds permission for you to contact me on his telephone number (xxxxx xxxxxx). Further correspondence and communication must be in written form.

 

 

Furthermore, due to the fact that I never recall even taking out a debt of the size you allege it to be with Barclays Bank in the first instance, I am making a formal request pursuant to s.77/78 of the Consumer Credit Act 1974, to establish the size of the original loan if it in fact even existed as you claim it to have and establish a more accurate picture of whether or not you or I have any legal right to enforce payment out of the other in relation to any alleged debt.

 

I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the Consumer Credit Act 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you content that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b), 6, and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee for dealing with this request. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

Finally I would like to bring your attention to the enclosed income and expenditure document confirming my reasoning for being unable to stick to paying you £50 every calendar month, at the beginning of every month, without fail. I am dealing with a defaulted mortgage from Abbey National, which due to it's value, takes a much greater share of my disposable income.

 

Until the issue relating to the enforceability and alleged value of this debt has been conclusively resolved please expect to receive £xx.xx per calendar month, as suggested by the nationally recognised and approved income and expenditure document enclosed.

 

Payments will begin on the 1st October 2009 and every month thereafter until the either the balance has been paid or the debt has been shown to be non-existent / unenforceable, whichever occurs first.

 

Further harassment from your company and / or its employees will be considered a violation of consumer protection laws, the administration of justice act, the telecommunications act, and any other act governing the action you may take, and will be met with full force as permitted by the law.

 

In response to the letter from Barclays I've sent this one to RMA:

 

ACCOUNT IN DISPUTE

 

RE: S.77 Request under Consumer Credit Act 1974, dated 8th September 2009.

 

To whom it may concern:

 

I write following my letter dated 25th September 2009. I have received information from Barclays Bank.

 

Your initial request to Barclays Bank PLC did not include their reference (account and sort code) number and as such they were unable to deal with the request you forwarded.

 

Your subsequent request to Barclays Bank PLC, wherein you quoted sort code xxxx and account number xxxxxx was replied to with Barclays Bank PLC advising that the account number and sort code are invalid.

 

I have liaised with Barclays Bank PLC and they have advised me that the account number and sort code are in fact valid, and that their Complex Loan Servicing Team made a mistake. They also advised that they no longer hold a copy of the Default Notice, Credit Agreement, or any related documentation for example PPI or other loan insurance or protection documents.

 

I am writing to Barclays Bank PLC again to establish the exact nature of the situation in writing, as it stands no documentation has been provided to me confirming enforceability of this alleged debt and as such this account remains unenforceable at law and any measures taken by you to enforce the debt will be taken as unlawful and vexatious.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

(a) He is not entitled , while the default continues, to enforce the agreement.

 

It may be advisable to pass this account back to Barclays Bank PLC in this instance whilst the dispute remains outstanding and unresolved.

 

And this one to Barclays:

 

 

ACCOUNT IN DISPUTE

 

RE: S.77 Request under Consumer Credit Act 1974, dated 8th September 2009.

 

To whom it may concern:

 

I write following my letter dated 8thth September 2009. You were forwarded a request from one of your third party debt collection agencies (RMA / NCO Europe) to provide me with a signed, true, certified copy of the original credit agreement, default notice, and any other related documentation for example PPI certificate or other insurance documentation that may be related to the alleged debt.

 

You wrote to me on the 25th September 2009 stating that the account number and sort code (as per the head of this letter) RMA provided to you to assist your dealing with this request, were invalid.

 

I have since contacted your company, on 0844 811 4486. I spoke with Xxxxx on the Recoveries / DCA team. This phone call was made at around xxxxx on 29th September 2009. Wendy confirmed that the account number and sort code were in fact valid and that your system found reference to an account in my name when she entered the details.

 

As such it seems clear that your letter dated 25th September 2009, wherein you stated the account number and sort code were invalid, is in fact incorrect.

 

My request remains outstanding and until you are able to provide me with a signed, true, certified copy of the original Credit Agreement, Default Notice, and any other accompanying documentation, and the documentation has been confirmed as legally bona fide, the alleged debt remains unenforceable at law. Your being in default of my lawful request remains.

 

Any action taken by you or your subsidiaries or debt collection agencies working under your instruction or on your behalf, whilst the default continues, will be taken as unlawful and vexatious.

 

You are reminded that Section 77(6) of the Consumer Credit Act 1974 states:

 

If the creditor fails to comply with Subsection(1)

(a) He is not entitled, while the default continues, to enforce the agreement.

 

I have suggested that RMA (NCO Europe) pass this account back to you whilst the dispute remains outstanding and unresolved.

 

 

 

Is this all OK? Doing the right thing? Hints & Tips appreciated!!

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