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    • https://www.consumeractiongroup.co.uk/topic/408156-cabotnolans-spc-claim-old-next-cat-debtclaim-dismissed/page/4/#comments https://www.consumeractiongroup.co.uk/topic/404240-arrowshoos-spc-old-newday-aqua-credit-card-debt-claim-dismissed-no-dn/page/4/#comments default notice win  https://www.consumeractiongroup.co.uk/topic/407490-meiii-cabotnolans-spc-claim-old-yorkshire-bank-loan-2nd-claim-dismissed/  
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    • With regard to your question on post 207 if you bring in the points that I made on the validity of the contract they are supposed to have with Peel holdings then mention that there are already doubts about the validity of the contracts that are being used by the PPCs and the OPS is a classic example. Once you are on there you should then try and get your other point in after that.   if it is in connection with the extra charge of £60 remind the Judge that the charge has been defined by many Court across England that the charge is an abuse of process which was covered in PE v Beavis at point 198    " The charge has to be and is set at a level which enables managers to recover the costs of operating the scheme"  IE the £100 charge covers all their expenses so nothing should be added.   as their WS claims an extra £60 that could be judged as perjurious since it is an additional sum that should be known by VCS and the author of the WS as a double recovery. Especially as they have already lost in Court for the same reason.   Another cause to prove that they do not comply with their Code of Conduct. file:///C:/Users/User/Downloads/CamScanner%2008-05-2020%2016.34.59.pdf  Byelaws are statutory not arbitrary as their WS said on no .42 .   Best of Luck.   The above URL does not work but this one does http://forums.National Consumer Service.com/index.php?showtopic=133001    [20.1 is where  VCS  lost then 20.2 where they appealed and lost again . But read the whole thread as it may help you in other ways too.
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    • stop doing nolans job for them... there are numerous threads here in the same forum yours is in     no DN info to follow   dx    
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Question whilst on DMP but still claiming charges


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Hi,

 

Started a DMP 21/2 years ago with Payplan. After about a year decided to run this myself due to offering full and finals. At the time I was with Payplan, Barclays wrote and said they would not accept the payments I was making. Soon after that the account was in dispute pending hearing on bank charges. I have religiously made payments to Barclays on my DMP for over 2 years now, upping the amount when able, even though account was in dispute.

 

My question is after receiving a final respone from Barclays recently saying they will not pay up, from advice received on hear I am writing to them to say that I still intend to claim back the charges and am waiting for further legal advise which If I am correct draft letters and instruction are still being looked into.

 

Over the past two years I have received no communiction from Barclays and no statements etc. The only way of checking if they have received my monthly payments is to go onto Experian (the amount owing is correct with payments I have made), which I cannot afford to do anymore. Should I add to my letter how disappointed I am they have sent me no statetments even after numerous requests. I did read somewhere that they are now required to send statements. Obviously I no longer use accounts but do they need to keep me informed of payments they have received and balance etc.

 

Also can I tell them that the account will remain in dispute or can they refuse to this. While it is in dispute they cannot take any further action. I will continue to make payments on my DMP though.

 

How could I word this in a letter to them and should I mention the the fact that I am still on a DMP as they have not mentioned it in 21/2 years or do I leave that off and just tell them I still intend to reclaim charges but require up to date statements. I am not sure whether it is a good idea to remind them I am on a DMP.

Sorry for long post, I am a worrier.

Thanks for your time X

Edited by tagal
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Was your debt with Barclays a loan or a bank account that they closed?

I had both with them, and for the bank account I received nothing statement wise. I had to call them to get exact figures of what I still owed them on that.

 

I receive a statement on the loan account once a year, but this is because it is in arrears.

Barclays will let you know as soon as possible if you've missed a payment, make no mistake there!

 

They also try to pretend that they are unaware that you are in a DMP. They do with me quite often despite being in it for 4 and half years!

 

I think that you should write to them only, they are utterly useless on the phone.

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Thak you for responding.

 

Yes it was a bank account, which I guess was closed 21/2 years ago. I have received no statements in all that time, but they have been taking my monthly payments from the amount owed. I was wondering if they have to send me statements as it seems unfair that I have to go onto experian etc to find my balance at a further cost to me. I will carry on paying and also carry on with my fight to reclaim charges once the information is available on what we have to do next. I guess I will send letter saying this and hope they will let me carry on paying though a DMP.

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Well that is ridiculous that you are going through experian. Don't bother with that anymore.

Unfortunately, I didn't get anything from them with regards to the bank account. It took me ages to get the correct department to speak to them also as I had lost loads of information.

As I said before, they will let you know if you've missed a payment, but I ended up getting a CCJ through that account because I didn't realise that payplan were not paying the money into the right place and I was too scared to open the letters so make sure you open your letters so you don't get in trouble like I did.

I made the last payment on that account 2 months ago, and I'm still waiting for the information that I need to satify that CCJ. It was in the post last week allegedly and still haven't got it. :rolleyes:

I can give you a direct number to call if you want so that you can find out the information on your account if you want?

They are ok to speak to suprisingly!

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