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    • Forgot to add that I presume I would need to issue the claim next Thursday which would have reached the end of the 7 day notice before action letter sent to the dealer last Wednesday 
    • I have not done so yet no, as this is completely alien to me, this is why I have requested assistance from CA, if I had known that consumer direct wouldn't be able to help me in this regard I would have contacted them sooner.    I could post the response I had from the dealer however there probably isn't enough space on the server! It was quite the novel of nonsense. This would maybe give you an insight as to what I am dealing with though. That said, you probably already have a fair idea!
    • I agree with the what you say.   However from prospect of an honest client what can be done?   They were contacted in time, to tell them the food is crap. they wanted the investigations team to look into it and they asked for photos.   today they are saying T&C 6 says its between you and the resturant.   aka we got the commsion they got the money and you can fork off.   i can fork off yes. however i want to do something about it. this is crona, not worked..... march. things are tight.    
    • As has already been said here, whether it takes five minutes or longer, the case will be closed in your favour. Enforcement is going to be a completely different issue. When do you issue your claim? Have you drafted the particulars yet? You may want to post them up here so we can have a look and comment before you actually issue the claim
    • I would like to think not too, hindsight is a wonderful thing, and I did say before had this all been done in a face to face situation I wouldn't be in this current predicament. I mentioned that he said after his first initial call to me about the clutch/strut needing replaced however the car requires a completely new paint job and stripping of the 'wrap' (actually a badly attempted effort at spraying with a plasti dip paint) which wasn't apparent in any of the pictures, nor did he mention it. However, even this doesn't come into it with the 14 days to cancel as no reason has to be given.    I'm hopeful that it if goes before a judge and the fact it was sold on a trade sales invoice will be case closed in my favour in under 5 minutes. 
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    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
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      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .
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Debt recovery no CCA, barclaycard can I get DN removed?


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I have just received a letter back from a debt collection company to say that Barclaycard do not have the CCA and that the account is now closed and I owe them no money for that account...

Very happy with that but can I now get the default notice of my credit file that the debt recovery company put on?

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when did they put this on?

 

when was your last financial in/out?

 

if the default was placed more than 3mts after that, then complain to the cra.

 

they are processing out of date information

 

give us more history.

 

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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It says defaulted on 04/2008 but it was first defaulted on in 2006 and I paid nothing from 02/2007.

I received the letter 12/8/10 to say the account is now closed and I owe them no money for that account...

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if the default was put on 14mts after your last payment, then thats way out of order, esp as the defaulter held no cca.

 

pers i'd write to them pointing these things out.

 

there are plenty of threads on default removal

 

use our search

 

dx

 

 

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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  • 1 month later...
I have just received a letter back from a debt collection company to say that Barclaycard do not have the CCA and that the account is now closed and I owe them no money for that account...

Very happy with that but can I now get the default notice of my credit file that the debt recovery company put on?

 

This was a letter from the DCC not from Barclaycard. The highlighted text suggests a colloquial way of saying they confirm you have no liability towards the DCC. The DN is likely to have been issued by Barclaycard (were you sent the DN by post, by whom?). If true then the DCC had not actually bought the bad debt from Barclaycard outright, being merely the current DCC trying to collect on behalf of Barclaycard. If true then the DCC was not really entitled to speak for Barclaycard for all time.

 

In the McGuffick High Court test case 6 months ago the judge ruled that DN issuance need not be preceded by the production of an enforceable agreement. He considered card statements as sufficient proof that a debt existed unrepaid. However the court was not obliged to rule the debt enforceable by law, if the agreement was not produced, or was irredeemably defective in text compliance. In the McGuffick case the claimant was actually motivated to remove the DN from his credit file, but this endeavour backfired, and the adverse ruling did no favours for consumers at large.

 

If you could prove the DN was not justified in that demonstrably no amount was owing to Barclaycard, that would be a different kettle of fish. Overturning a numerically justified DN involves usually a marathon struggle through the county court, see the link below. If the amount were small and Barclaycard were desperate for £ like Egg is, then they might consider a bargain tit for tat -- you pay them something even though they clearly have no basis for legal enforcement, then they return the favour by rescinding the DN.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?133906-quot-Egg-DNs-successfully-rolled-back-quot

 

 

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hey thats good and is what should happen

 

who was the dca for ref???

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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Share on other sites

blimey

lowlife removed a default!!!

 

thats two rare things today.

 

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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