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    • Can I just leave it as saved and not submit or do I need to delete everything?
    • don't file yet not needed till/by 4pm tomorrow   let andyorch check things over 1st    
    • well the claim is stayed so don't panic for now.   is this the ONLY payment made and how did capquest get this out of you? by phone?   explain what caused you to make the payment and how you did it please   dx                
    • Lovely stuff.    1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.   4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13   #####Defence######   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.   1. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and 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 the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   8. 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 will get this put into the defence section. Thank you again.
    • just remove the 2nd part where you mention some reply.
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bsj

Barclaycard Arrgh

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:-x I'm so angry,i just logged on to my account and they dropped my credit limit without notifying me.

The reason they gave is i was late with three payments over the last year,all the late charges were refunded to me as the payments were made on the due date online.

They have marked my credit with three late payments even though they reimbursed them to my account.

I'm absolutley fuming,now i'm going to CCA them and claim back a mis-sold PPI.

I have been told a letter is on it's way to me to explain their decision,angry does'nt even cut it,i'm not paying the greedy *%$%*& another penny:-x

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Hi Bsj,

 

Have they just lowered the a/c limit a bit, or have they dropped it to the approx outstanding balance so you can't use it further.

 

If it's the latter, you may find they keep reducing it further. However, if you send them the CCA request, they'll do this anyway.

 

You could write to Barclays HO to complain about the late payment markers but you may not be successful if the payments were technically made late. The refund of charges, they'll say, was a gesture of goodwill and not an acknowledgement of any error on their part.

 

Were the payments to BC made from a Barclays a/c. If you made them on the due day, they may well show as rec'r by BC the following day.

 

Be aware that, if you stop payments now when the a/c is not In Dispute, you'll give them further cause to register adverse CRA data which you will find hard to have removed.


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Yes they dropped it to the outstanding balance,your correct i was told the late payments were a goodwill gesture.

 

I was so angry yesterday,i was about to order a christmas present,i can't use my debit card as it's electron.

 

I am going to continue to pay it as i don't want another default on my file,the last one i have drops off next summer and it will be clean,it just made me so incensened that they did it without any notification but as near to christmas as we are.

I am going to claim back the PPI, though they will probably take it off the card,it was sold to me when i opened the account then in 2007 they wrote to me asking me to call them and they set a plan B policy because i was'nt working.

 

To be honest i have been thinking about cutting it up and closing the account,but life can be made very difficult without a credit card,and i feel it be worse in the future with the big push for on-line shopping,and for being a cashless society.

 

Thanks for advice slick you were spot on,one other thing i was told,i asked if i pay another amount off the card will my credit limit be dropped further and was told it may be the case,i hate big corporate bullies,they have so much control over the consumer.:(

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The late payment markers are not so damaging, I believe, as perhaps a marker for an unpaid loan, etc.

 

Re the PPI, start a thread for this in the PPI forum. If they won't repay voluntarily and you have to file a claim against them, you can insist that they pay you direct and not knock the settlement off your BC balance.

 

Read up on the process carefully, claim the best interest you can (which is what may make them refuse to repay initially) and get ready to take them on.

 

:)


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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

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