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    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are 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.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach 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 and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   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 alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well. But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them. If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction. Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
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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


________________________________________________________________

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

 

 

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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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

 

 

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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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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