SD from Hamptons Legal old Barclaycard 'debt'

[riply88]

ok, i came to a payment arrangement .

 

although they now keep extending the date of the petition hearing.

 

What are my options if anything now?

 

I have still never seen the original CCA or a notice of assignment.

 

I am in the dark legally as to where i stand with the petition,

will they keep extending it until i pay the amount requested?

[unclebulgaria67]

I don't understand this.

 

I thought that they either issue the petition or they don't.

 

I don't think there is any court process where they hold the petition until the debt is settled

and keep postponing a bankruptcy hearing

 

I think this is BW Legal using language which is misleading.

 

I think what they are actually saying is that if you continue paying they won't issue the petition.

 

I would suggest that you write to BW Legal to request proof that Lowell are the legal owners of this debt,

 

as this has not been provided to date.

 

Also ask for a full breakdown of the debt, with an up to date statement of account.

[42man]

What a pity you didn't fight this especially so as they have not complied with your request for a copy of your agreement, which I presume Barclays have not provided (nor the results of your SAR) ?

[riply88]

What a pity you didn't fight this especially so as they have not complied with your request for a copy of your agreement, which I presume Barclays have not provided (nor the results of your SAR) ?

 

Yes, agreed, but I was not in country for a lot of the letters and it was too late when i returned to do anything effective. I was selling my house at the time and did not want any issues that might have affected it.

 

I got a copy of Barclays terms and conditions, certainly not an original agreement with my name or signature on it. I got a few copy statements from BWL from the last 6 months of the Barclaycard statement, thats it. Barclays have been negligent and incompetent at the very least...the first SAR was back in January, in which they sent someone elses records including statements, driving licence and passport details, letters and more. I then sent various letters requesting my data, they have still failed to do so, i have had 3 identical letters from them saying they are collating the information and please let them know which branch to send it to, the last one of these i sent off yesterday.

 

Would they need to supply the original CCA as this account was opened in 2006?

 

I don't understand this.

 

I thought that they either issue the petition or they don't.

 

I don't think there is any court process where they hold the petition until the debt is settled

and keep postponing a bankruptcy hearing.

I think this is BW Legal using language which is misleading.

I think what they are actually saying is that if you continue paying they won't issue the petition.

 

I would suggest that you write to BW Legal to request proof that Lowell are the legal owners of this debt,

 

as this has not been provided to date.

 

Also ask for a full breakdown of the debt, with an up to date statement of account.

 

they have sent a court document titled "order for time extension of a bankruptcy petition", i have had 2 of these. i will write to them today. has the horse bolted so to speak, or is there hope?

[unclebulgaria67]

Yes, agreed, but I was not in country for a lot of the letters and it was too late when i returned to do anything effective. I was selling my house at the time and did not want any issues that might have affected it.

 

I got a copy of Barclays terms and conditions, certainly not an original agreement with my name or signature on it. I got a few copy statements from BWL from the last 6 months of the Barclaycard statement, thats it. Barclays have been negligent and incompetent at the very least...the first SAR was back in January, in which they sent someone elses records including statements, driving licence and passport details, letters and more. I then sent various letters requesting my data, they have still failed to do so, i have had 3 identical letters from them saying they are collating the information and please let them know which branch to send it to, the last one of these i sent off yesterday.

 

Would they need to supply the original CCA as this account was opened in 2006?

 

 

 

they have sent a court document titled "order for time extension of a bankruptcy petition", i have had 2 of these. i will write to them today. has the horse bolted so to speak, or is there hope?

 

I think I would phone the court asking about this document. Have they a bankruptcy petition at the court, which is regularly being given a time extension. Perhaps ask the court staff about this and whether BW legal are allowed to use this process. BW legal would not be able to say that a court process was being used, unless it was the case, as to do so would be illegal (section 40 administration of justice act )

 

Post back with details of what you find out.

[DonkeyB]

they have sent a court document titled "order for time extension of a bankruptcy petition", i have had 2 of these. i will write to them today. has the horse bolted so to speak, or is there hope?

 

Is this stamped by the court? Can you post it? I’d hate to think that BCW and Lowell are using SDs and the insolvency laws as a debt collection tool...

[riply88]

Is this stamped by the court? Can you post it? I’d hate to think that BCW and Lowell are using SDs and the insolvency laws as a debt collection tool...

 

yes, it is stamped by the court.

[DonkeyB]

The application should have stated a reason the petition has not been served. May be worth phoning the court to see if their reason is a valid one.

 

And, of course, you can still oppose the petition.

[AndyOrch]

You need to convert that to pdf riply its too small.

 

The petition must be served at least 14 clear days before the hearing date. If this is not done a prompt application for extension of the hearing date (not for adjournment) should be made (this is known as an application for a new date and venue (Rule 6.025)); no affidavit in support is normally required. However, if repeated applications are made, written evidence may be required setting out the attempts which have been made to serve the debtor and why they have been unsuccessful. If an application is made less than two clear working days before the hearing date the costs of the application will not be allowed. Paragraph 14 of the PDIP gives further information about extensions of hearing dates. A copy of the extension order must be served with the service copy of the petition and should be referred to in the written evidence of service and exhibited to it along with the petition.

 

The written evidence of service of the petition must be filed promptly after service.

 

Regards

 

Andy

[DonkeyB]

Can’t really make that out, but I would have thought you were entitled to be served with a copy of the application and supporting evidence. Anyone?

[riply88]

sorry here it is..

[riply88]

Update to this, and advice needed. The bankruptcy petition was dismissed. I am still paying them monthly for the alledged debt and their "costs". What options have i got now with regards to their costs?

[DonkeyB]

What are the costs?

[riply88]

about £1.5k "petitioning costs"

[DonkeyB]

But the petition was dismissed! Did you requests costs in the case? Hope you did.

 

Tell them to stick their costs up their jumper. And complain to the FCA – they can’t claim costs they’re not due. I know of no CCA that allows such costs to be claimed in the event of failed applications.

 

Can you tell us more about the hearing and what happened?

[DonkeyB]

And did you get the full SAR, and did you reclaim the PPI and charges with 29% interest?

[riply88]

But the petition was dismissed! Did you requests costs in the case? Hope you did.

 

Tell them to stick their costs up their jumper. And complain to the FCA – they can’t claim costs they’re not due. I know of no CCA that allows such costs to be claimed in the event of failed applications.

 

Can you tell us more about the hearing and what happened?

 

I agreed to pay them monthly to stop the bankruptcy process,

they adjourned the petition hearing a couple of times while they could see that i made the payments.

 

they then applied to the court to have the petition dismissed, which i have from the court.

 

I never attended the court I have never seen a breakdown of the costs and I just don't know if they are legally able to do this

and if not what can i do about it.

 

I have virtually paid off the alleged debt now.

[riply88]

no ppi or charges, yes received SAR from BC eventually (around December!)

[riply88]

by the way, this is bwlegal who i am dealing with.

[DonkeyB]

Then if you have paid the actual debt, demand their ‘costs’ be returned to you, with interest, as they were not warranted nor allowable. And complain to the FCA...

[riply88]

Then if you have paid the actual debt, demand their ‘costs’ be returned to you, with interest, as they were not warranted nor allowable. And complain to the FCA...

 

ok, i just want to be sure before i go down this road. they have been sending reminder letters saying if i do not keep up the payments then they can restart the legal action which may incur further costs which i will be liable for?

[DonkeyB]

Would like to see the content of that letter. There is no provision in any Barclaycard agreement I have seen that allows for them to charge for debt recovery. Ask for your money back and COMPLAIN to the FCA.

 

As for legal action, well yes they can restart legal action. Just as you can defend it.

[riply88]

but the debt was sold by BC, so surely they are not involved.

[BRIGADIER2JCS]

but the debt was sold by BC, so surely they are not involved.

When an account is sold it is with the rights and obligations of the original credit agreement.

So unless a specific provision is made in the agreement for "debt collection cost" etc then they cannot be claimed.

[riply88]

Sorry for delay, here is their threat when i was a day late.