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    • HB - friend historically has left issues to the last moment, always incurring extra costs.  It has been so frustrating.  Always worried about bills; yet always ending up paying more...   Dx- Is it worth friend writing to the court to say that a legal rep could go to the court on the hearing date - to request Claim be stayed/ struck out?  Even though bank has said they will write to the courts to say arrears paid in full?  Or does bank action mean the claim court hearing will automatically be withdrawn?   Or does friend have to go the N244 route?
    • Hi Everybody,   Long time lurker and appreciative of advice on here, but have something of a pickle of my own which hopefully you can help with...   I left a flat in November 2017 and paid what I thought to be a final bill payment (with notorious SP), and also discussed my end of tenancy date with the CS rep. 6 months later go by and I get a call from somebody saying I'm overdue a bill payment for the utilities in the flat, and that they are wanting money from me. I politely told them they are mistaken and I was all finished up with them, and that they couldn't move with me to my new address. Cue another two months of nothing, and they re-appear on my phone, asking for money. I politely told them that it was nothing to do with me, and to speak to the new tenants / property company who managed the previous flat (and gave their address). 6 months later, I decide to check my credit history in-depth and see that there is a default listed on my account for around £100, so I called them up to complain that there was an unwarranted and invalid default on my account, and they highlighted that they never took the final payment and was outstanding an amount which I was not aware of. When discussing with them on my departure dates, they actually had it listed incorrectly, and I then gave them the correct dates, and said they would review and revise the bill statement but needed payment of ~£100 then and there, but would be rectified and re-imbursed when reviewed. They also said they would take care of the default on file if it was incorrect. 2 months later I get a cheque in the post for overpaying them and nothing further is required. I call them up to confirm relating to the default and they advised it would be done in due process. I am now 2 months later (apologies if these months don't add up) and I have checked my credit file with a 'Satisfied' label on the default. I called them up to get it removed, and they are saying they no longer want to remove the default, and that the default was valid.   What is the best course of action for me at this point.. Is there any hope for me here to get this removed?   Thanks in advance! Dave
    • EDIT: Sorry wrong forum, tried to delete.   Hi Everybody,   Long time lurker and appreciative of advice on here, but have something of a pickle of my own which hopefully you can help with...   I left a flat in November 2017 and paid what I thought to be a final bill payment (with notorious SP), and also discussed my end of tenancy date with the CS rep. 6 months later go by and I get a call from somebody saying I'm overdue a bill payment for the utilities in the flat, and that they are wanting money from me. I politely told them they are mistaken and I was all finished up with them, and that they couldn't move with me to my new address. Cue another two months of nothing, and they re-appear on my phone, asking for money. I politely told them that it was nothing to do with me, and to speak to the new tenants / property company who managed the previous flat (and gave their address). 6 months later, I decide to check my credit history in-depth and see that there is a default listed on my account for around £100, so I called them up to complain that there was an unwarranted and invalid default on my account, and they highlighted that they never took the final payment and was outstanding an amount which I was not aware of. When discussing with them on my departure dates, they actually had it listed incorrectly, and I then gave them the correct dates, and said they would review and revise the bill statement but needed payment of ~£100 then and there, but would be rectified and re-imbursed when reviewed. They also said they would take care of the default on file if it was incorrect. 2 months later I get a cheque in the post for overpaying them and nothing further is required. I call them up to confirm relating to the default and they advised it would be done in due process. I am now 2 months later (apologies if these months don't add up) and I have checked my credit file with a 'Satisfied' label on the default. I called them up to get it removed, and they are saying they no longer want to remove the default, and that the default was valid.   What is the best course of action for me at this point.. Is there any hope for me here to get this removed?   Thanks in advance! Dave
    • My thought is: you need a solicitor yourself, and quickly.   The legal situation sounds extremely complicated.    There's only question that I feel confident in advising you on. You ask "The letter was also not recorded in case it makes a difference." No it doesn't. It might have done if you hadn't received the letter, but you have.
    • Hi DX   I have amended the WS and I hope i have taken out the meaningless gibberish.    Thanks, Roland    IN THE County Court AT                                                                              CLAIM NO:      BETWEEN: CABOT FINANCIAL (UK) LIMITED   -and- (DEFENDANT)     ___________________________________________ WITNESS STATEMENT OF      INTRODUCTION    1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT    2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There is an Agreement and 2 sets of Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. The agreement in the JK1 exhibit on page 2 shows an agreement with my name, address and a date but no Account Number or Reference Number as the same was not mentioned in the Claimant’s Particulars Of Claim, which was addressed in my Defence Para 1, ‘the particulars of claim are vague and generic…’.    3. The Claimant’s Witness Statement does not state how the agreement was made, via telephone, post or electronically.   4. There are 2 sets of Terms & Conditions Pages 4-10 which does not show my name and address as per the Consumer Credit Act 1974 Request.    5. Pages 1-10 can easily be downloaded from various internet forums and image sites and have my details inserted with any picture manipulation software.   6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.   7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974. 8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7.  9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.     I believe that the facts stated in this Witness Statement are true.    Signed:  Dated: 
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MandM

Barclaycard v MandMs son in law

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Have put together this reply does it look ok or do I need to change

 

 

Thank you for your letter.doc


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I think that will do, apart from the typo's. ;)

 

:)


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I think that will do, apart from the typo's. ;)

 

:)

 

ty


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Still no reply from Barclays about the rest of the statements. The deadline was today.

 

My son in law does not want to stop paying his card so not sure if I can still do an account in dispute or should I just do a letter to the FOS and complain.

 

Mrs M


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ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Give them a few day's grace and, if still no reply, send a complaint to the ICO.

 

:)


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Thank you Slick.

 

Mrs M


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Update.

 

Received this letter today from Barc/card.

 

barclays.jpg

 

Not sure what she is getting at.

 

The only stuff we have had so far is 6 years of statements and the long pages of data that no one understands.

 

There were no copies of any correspondence and no call logs, but on a lighter note hopefully we will now be getting the rest of the statements so we can crack on with the PPI claim.

 

Will keep you posted.

 

 

Mrs M


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ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

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Seems a bit wierd to me, a SAR means they have to produce all information, in any form they currently have, so leaving out those statements is surely a breach of the SAR?

 

She may well mean they are re-sending out the documents, but if thats what she means she hasn't worded it particually well.

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A SAR response only has to supply the data they hold.

 

It doesn't HAVE to be in a specific format, eg statements.

 

However, it must be intelligible to the recipient as a lay-person.

 

:)


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Thanks Doom & Slick.

 

Mrs M


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Hi MandM,

 

We have seen on other threads that the ICO is unwilling to challenge BC to show proof of, or reason for, destruction of data.

 

BC say, "We ain't got it no more" to the ICO and the ICO say to you, "BC say they ain't got it no more and we believe them, innit."

 

If we actually take it that BC actually have destroyed the data, you can understand why they'd do this to avoid further penalty charge and PPI liability.

 

:mad:

 

My thread is one of those. I finally got an additional 2 years worth of statements from microfiche (so 8 years in total), but only when I filed a court claim for non-compliance ... and after they'd told me a couple of times that they didn't have the information

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My thread is one of those. I finally got an additional 2 years worth of statements from microfiche (so 8 years in total), but only when I filed a court claim for non-compliance ... and after they'd told me a couple of times that they didn't have the information

 

Me too,

 

All the time they were 'investigating' my ppi complaint they took the stance of 'we are only obliged to supply six years statements.

 

However after admitting my ppi was mus sold & the FOS upheld the complaint (BC wouldnt make a full refund), I had another crack at getting the statements to which BC replied 'oops we've destroyed it'.

 

ICO said what Slick has posted, wasted almost 12 months for them to deal with my complaint.

 

Just filed a court claim in a final attempt to get the statements.

 

Beachy

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My thread is one of those. I finally got an additional 2 years worth of statements from microfiche (so 8 years in total), but only when I filed a court claim for non-compliance ... and after they'd told me a couple of times that they didn't have the information

 

Me too,

 

All the time they were 'investigating' my ppi complaint they took the stance of 'we are only obliged to supply six years statements.

 

However after admitting my ppi was mus sold & the FOS upheld the complaint (BC wouldnt make a full refund), I had another crack at getting the statements to which BC replied 'oops we've destroyed it'.

 

ICO said what Slick has posted, wasted almost 12 months for them to deal with my complaint.

 

Just filed a court claim in a final attempt to get the statements.

 

Beachy

 

Thank you for that. Will give it one last go as I'm treading softly with this one as Acc is not in dispute.

 

>>>>>>BC and Webmaster - do you have a link to your threads as it looks like I may be doing the same :)

 

Mrs M


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

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Thanks Slick.

 

 

Mrs M


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Hi.

 

Am getting really fed up with them now. I gave them 16 more days and they are still ignoring it.

 

Have done a letter can someone have a look and advise.

 

 

*********************************************************

Letter Before Action

 

Dear Madam

 

Reference Account : ****** **** ****

 

 

 

Thank you for your letter 8/3/10.

 

I would like to point out that a full SAR was not supplied to me.

 

As stated in my letter 20/2/10 there was no comms log.

 

As I remember a conversation with someone at your telephone banking department last year concerning the PPI on my account I am assuming that this conversation would have been logged.

 

There was nothing in the data referring to the PPI I had on my account or when it was requested for the account.

 

I am still awaiting the rest of my statements.

 

It has now been another 16 days and I feel that I have given you ample time to come up with the request.

 

I am now giving you 7days to fulfil your obligation to me under the Subject Access Request or I will be forced to put the account into dispute and ask the courts to intervene.

 

 

 

Yours Faithfully

*********************************************************

 

Is this too much or am I not saying enough.

 

Thanks

 

Mrs M


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Personally I wouldn't highlight what your actually looking for data wise, I would just stress that the 'comms log' is missing. Once you tell them what your looking for it starts to disappear. Sometimes you need to be cunning.


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You can also mention that you will complain to the ICO and may issue court proceedings to ensure that they comply with the obligations imposed upon them by the Data Protection Act.

 

:)


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Hi M&M

 

I complained to FOS that BC had not sent a CCA only a typed agreement - the FOS adjudicator as written to me confirming that BC do not have a copy - I have not heard from them for months (usually I tempt fate and a letter drops) - Sitting back and waiting!


Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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Thanks Slick, Rebel & LB.

 

All comments noted and digested will reword the letter.

 

He has only ever had the copy Agreement that has no details on it. When we asked Barclays for a signed agreement they came back and said they did not have to supply it.

 

Not sure if we should have argued that.

 

Mrs M


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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In case any information on my thread is helpful, the FOS confirmed that BC do not have a copy of the CCA although they do not think I should withold payment - well until BC prove otherwide that's the way it will be, I had great advice from Vint and Slick plus others (incase I missed anyone important out!)- here's the link

 

Barclaycard CCA - advice on next move please

 

I also checked my credit file and BC and it shows there has been about 8+ missed payments


Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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Thanks LB.

 

My son in law has never missed a payment on this card in 12 years, and has only ever had 1 referral which they paid him back, so they don't have a problem with him which makes me think they must know that he is looking at claiming back the PPI he was miss sold.

 

I am of the mind now that maybe I should just complain to the ICO.

 

I will let them know that I am putting in a complaint and I might even drop in the fact that he has always kept up his payments etc and as such what is their problem on giving him his agreement and his SAR documents.

 

Mrs M


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Hi, have reworded the letter how does it look.

 

 

********************************************************

Letter Before Action

 

 

Dear Madam

 

 

Reference Account :*****************

 

 

 

Thank you for your letter 8/3/10.

 

I would like to point out that a full SAR was not supplied to me.

 

As stated in my letter 20/2/10 the comms log was missing

 

As I remember a number of conversations with someone at your telephone banking department last year concerning my account I am assuming that these conversation would have been logged.

 

I am still awaiting the rest of my statements.

 

I would also like a copy of my signed agreement as requested by me in December 09.

 

The copy you sent me was not a copy of the agreement that I signed, and the T&C’s were not the T&C’s for the original agreement I took out with your company.

 

It has now been another 16 days and I feel that I have given you ample time to come up with the request.

 

I am now giving you 7 days to fulfil your obligation to me under the Subject Access Request or I will put the account into dispute.

 

Further more I will be putting a complaint into the Information Commissioner`s Office and may issue court proceedings to ensure that you comply with the obligations imposed upon you by the Data Protection Act.

 

I would also like to point out that I have always maintained my account in accordance with your terms, I have never defaulted on my payments and as such I will inform the Information Commissioner’s Office of this.

 

*********************************************************

 

Thanks

 

Mrs M


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Looks fine to me.

 

:cool:


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Thanks Slick.

 

Will send it off today.

 

 

Mrs M


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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