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    • Just an update on Celticheart37 versus Barclaycard.   On the claim for my late Husband's PPI, Barclaycard have responded saying they have been unable to locate a PPI Policy . They say he held his card since 1979 ( not the late 1980's as I had believed) which means that PPI did not exist and that is fair enough. I accept that PPI did not exist in 1979 so couldn't have been included. So that is the end of that one.They could have told me that at the beginning rather than let me search for proof that would not exist , but never mind.   On my own Barclaycard claim for which they have offered me a refund  "based on averages", I have sent a SAR requesting my statements back to 1993 when the account opened,so hello 12345 I will post an update when I get a response and let you know how far back  they were able to go !   Celticheart37
    • ok looks like that's what you need to do. but keep it bare bones for now as post 5  
    • stuff and all if there no signed agreement in the return   dx  
    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. 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 crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the 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. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. 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 crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
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bubbsie1

Newmans chasing my Amex account

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I might try a new thread for e-Applications on credit cards, someone must know something, would love to write back to Amex and tell them to F.Off until they can produce a valid CCA but want to be sure of my ground!!

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Well it must be because we're special, or perhaps they need training and are hoping to imbibe some knowledge!!

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Let me now if I can help with inf.


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Just my two cents worth

 

What you described earlier is a screen dump and IMHO not any type of agreement.

 

ims


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Thanks ims

 

good to hear, what exactly is a screen dump?

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I have seperate threads for my problems with an Amex card; just got their response to my CCA request and it consists of what looks like two sheets of computer programming records entitled e-Application; my personal details are on them but mostly it consists of a series of codes (numbers).

 

Does anyone know whether an e-Application without a signed CCA agreement is valid and enforceable?.

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Thanks ims

 

good to hear, what exactly is a screen dump?

 

All they appear to have done is pull up your details into their database and printed the record that shows on screen.

 

Imagine I had a lttle Access database and you gave me your name, address, telephone, DOB etc. I could enter that in the relevant fields, print it off and send it to you.

 

I wouldn't, of course, have the audacity to say that it was a credit agreement!

 

ims

Edited by ims21
Must slow down and get the spelling right!

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

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Read Here

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Read Here

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Read Here

 

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Hi ims

 

thanks for your help, yes of course I see exactly what you mean......now for the F.Off letter.

 

bubbsie

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It depends, when was it applied for?


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I can't be absolutely certain but believe it was Aug 08

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I'm afraid a digital signature from that period is seen as adequate. :(

 

Did they send you the terms and conditions from that period too?


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Thanks Cerberus I was slowly coming to that conclusion before your reply......:violin: There are terms and conditions but nothing is dated so how would I know?

 

Going to have a large G & T or three now.......

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why did you CCA them in the first place

 

surely this is your debt...

 

what are the issues ?

 

dx


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Hi dx

 

yes it is my debt and I am not trying to avoid paying it (or any of the others) however after my income suddenly reduced to less than a third of what it had been Amex closed the account, continued to charge me monthly interest and refused to accept what I could afford to pay them after my priority bills were paid.

 

Immediately the account was given to Newmans DCA who telephoned and texted me constantly. In my naivety I sent them the same income and expenditure form I supplied to Amex, they wrote back refusing my offer and said I had assetts I could liquidate to pay the bill in full and if I did not comply they would issue an SD and make me bankrupt ( I have a property with equity which I live in).

 

Fortunately I found CAG shortly after and started the initial thread on this matter.

 

I had hoped if the agreement was not enforceable I could pay a monthly sum they would have to accept knowing the matter would not be enforceable in court.

 

I don't want to sound too defensive here and of course I accept I have to and should pay; however all of my creditors except Amex and one other were sympathetic to my reduced circumstances and accepted my offers.

 

My aim was not to avoid my debts, merely to manage them until, hopefully, things improved.

 

Not sure how to proceed now!!

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You can't be forced to sell your house to pay a non priority debt! Do not send them an I&E form again. Set up a SO for what YOU can afford to pay (your decision) and ignore their tantrums thereafter for ever and ever ahmen x


:lol:

Successfully claimed back mis-sold PPI (Barclays Bank) 2009-10 (£8500)

Ran a paid-for DMP. Deeply respect those who self-manage a DMP; it is possible to do with the help of fellow CAGGERS

Offered F&F to all my creditors. All closed out including a particularly intransigent and stubborn one - who eventually saw sense after 10 months of nonsense!

Does not condone debt avoidance but violently disagrees with the antics of debt collectors and their behavior towards the ones trying to pay. I am a great believer in what goes around, comes around. Keep up the good fight!

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Hi bbnb

 

thanks for the reply, i must admit I was sligthly surprised by the questions above,;I'm grateful for your suggestion and I will do just THAT, set up a standing order and send them what I can afford.

 

Would love to do a self managed DMP as you are but income fluctuates so much (more downs than ups) not a possiility at the moment.

 

Thanks

 

bubbsie

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I do my own DMP now as my income is like yours. I've set a minimum that each creditor gets, but if and when I can afford more they get a bit extra. You just need to calculate what that base amount is. I pay by online banking direct payment so that I have the flexibility to control the amount of each payment, rather than by fixed standing orders or a 'proper' managed plan.

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Hi OMWO

 

I do have a minimum payment that goes out each month to those creditors who agreed to accept my proposal; actually I even have one that goes out to Barclays, who like AMEX refused to accept the payment formally but have gone quiet since I sent them a SARS request and are taking the payments off the balance I owe them.

 

I will do as BBNB sugggests and set up a standing order to AMEX, it won't be enough to cover the interest they charge me each month but at least it will show willing. I could do as you have and up the payments from time to time when my income increases but worried the OC's will expect that all the time and I may find they start demanding a larger sum on a regular basis.

 

Just beginning to feel I was managing to get matters under control too!!

 

Sod's law I suppose.

 

Thanks for your help

 

bubbsie

Edited by bubbsie1
I don't seem to know where the space bar is!!

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You should write to AMEX saying what you've done and why (significant change in personal circumstances/reduction in income) and requesting they stop all interest on the account accordingly. I personally don't advocate paying more at any point as it tends to keep you on their radar and hassling you for more. I would work out what is realistic (it might only be £1/month) and set up the SO accordingly.


:lol:

Successfully claimed back mis-sold PPI (Barclays Bank) 2009-10 (£8500)

Ran a paid-for DMP. Deeply respect those who self-manage a DMP; it is possible to do with the help of fellow CAGGERS

Offered F&F to all my creditors. All closed out including a particularly intransigent and stubborn one - who eventually saw sense after 10 months of nonsense!

Does not condone debt avoidance but violently disagrees with the antics of debt collectors and their behavior towards the ones trying to pay. I am a great believer in what goes around, comes around. Keep up the good fight!

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Thanks BBNB

 

excellent idea, will do that first thing tomorrow morning.

 

Thanks

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Once the SO is up and running, you should file (but ignore) their letters demanding more money/I&E/personal details that are the equivalent of them throwing their toys out of the pram. If they call say 'in writing only' noting the day and time and then send them the telephone harrassment letter. At some point they will write for a review. At that point advise them in writing that your circumstances remain unchanged and confirm that you can cannot afford to pay more or, if they have deteriorated further reduce your SO (if more than £1/month) after writing to advise them accordingly. x


:lol:

Successfully claimed back mis-sold PPI (Barclays Bank) 2009-10 (£8500)

Ran a paid-for DMP. Deeply respect those who self-manage a DMP; it is possible to do with the help of fellow CAGGERS

Offered F&F to all my creditors. All closed out including a particularly intransigent and stubborn one - who eventually saw sense after 10 months of nonsense!

Does not condone debt avoidance but violently disagrees with the antics of debt collectors and their behavior towards the ones trying to pay. I am a great believer in what goes around, comes around. Keep up the good fight!

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Well here we go again; heard nothing from Amex or their 'collectors' for over three months, now have a card from RMA informing me they will call on me on Thursday, no date given, if that is not convenient call this numer, mobile numer given and the name to contact is A.Mercer.

 

I know everyone will say they are unlikely to call, however, had a caller here from Barclays DCA CSl and whilst I told them to clear off in no uncertain terms it made me feel as if my home had been violated (possibly a complete over reaction).

 

Does anyone have an email address for RMA resolve, so I can email them the Fudge Off letter asap.

 

Just so angry, a card with no date on it and will call 'Thursday' so any Thursday from now until enternity, when of course they are not harassing any other poor sod, who the F do these people thin they are?

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Hello again bubbsie, as you know never phone what ever they say.

There's no e-mail address on their site that I can see,perhaps someone has it.

Although in my humble opinion it would be best sent recorded delivery.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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