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    • scan it all up to one multipage PDF read upload carefully   I suspect its the usual stuff they troll out for vanquis card debt those  application forms are not a credit agreement    lots of previous Lowell claimform threads here to read that explains why.   dx  
    • In late 2014, I received correspondence from a DCA acting on behalf of Barclays, pursuing a student overdraft of around £1k from 2003. I hadn't used this account in many years, well over six, and it is my belief (though, in full honesty, I can't actually remember, and can't prove anything) that it was closed a couple of years later in around 2004/2005/2006 (and it wasn't on my credit file in 2014), and the overdraft transferred to RBS (an account also closed so long ago that it is long since gone from my credit file. I certainly don't recall using it after 2004, and it was quite common then to transfer student accounts/overdrafts between banks. I emailed the DCA, stating that I didn't acknowledge the debt, that it would be statute-barred in any case, and requested an original credit agreement. None was forthcoming, and after some back and forth, I invited them to issue proceedings if they felt they had an enforceable credit agreement. They did not respond. I am currently looking at applying for a mortgage, and have noticed that whilst this account doesn't appear on Equifax or Experian, it is on my TransUnion file, showing as set up in 2003 and defaulted in 2015. Does anyone have any advice as to what I should do? The 2019 Doyle case might make my contention that it was statute-barred somewhat shakier, though, equally, I haven't heard anything about it in over five years, I cannot believe that, if the account was not closed/settled in the mid-2000s as I believe, that Barclays would not have issued a default notice before 2015. Does anyone have any advice as to what I should do? I want this off my credit file, even if the account wasn't closed in 2004, I believe that Barclays/its DCA are trying to pull a fast one by recording a default in January 2015, but given that neither party has any records with which to validate their belief/position, it hardly seems fair that I pay out for something that either doesn't exist or ought to be statute barred? A further point is that whilst it is Barclays, the account was opened at a branch in Scotland (where I lived/studied), where I believe that the Limitation period is five years, so, even if it transpired that the default was legitimately in 2015, would the matter now be statute barred anyway? Or would it be six years given that I now live in England?
    • Hi.   Quick update. I have contacted the FOS and asked for written confirmation of the decision made so that I can take court action.   I have had my Cifas report today. It states.   Barclays Bank registered a 1st party fraud report against me on the 30th May 2019. This is the date they closed my account.   Case Type: Misuse of facility. Reasons: Multiple encashment fraud. Cifas Filing: First party fraud - (Opening an account or other facility for a fraudulent purpose or the fraudulent misuse of an account or facility; or taking out and insurance policy for a fraudulent purpose or the fraudulent misuse of an insurance policy and/or insurance policy documentation)   So, they told the FOS early December that my credit file would be amended and any negative reports would be removed, but as of today the account is still in default with Equifax and I still have the Cifas registered against my name.
    • clarification Perhaps look up the latest studies on modern examination of historic smallpox to attempt to map its types and paths..
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Scania580man

Court Proceedings issued Shoosmiths on behalf of Lombard

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I have submitted my Defence to the court so fingers crossed people.

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Does anyone know if it is worth attempting to negotiate with Shoosmiths to avoid this matter going to court?

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Always and encouraged by the Courts to mediate...beats getting a CCJ.

 

Regards

 

Andy


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I have asked Shoosmiths to ask if their client would be willing to settle the matter prior to Trial so I will have to wait and see if Lombard are willing to do so. I fear they won't because they have been hell bent on issuing court proceedings. I can only hope that the Judge will take pity on me and understand that I have paid off all my other outstanding business debts and that I have made every effort to keep this matter out of court. The judge should also see the errors that Shoosmiths/Lombard have made with regard to the outstanding balance. Fingers crossed Lombard will keep this out of court.

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I have asked Shoosmiths to ask if their client would be willing to settle the matter prior to Trial so I will have to wait and see if Lombard are willing to do so. I fear they won't because they have been hell bent on issuing court proceedings. I can only hope that the Judge will take pity on me and understand that I have paid off all my other outstanding business debts and that I have made every effort to keep this matter out of court. The judge should also see the errors that Shoosmiths/Lombard have made with regard to the outstanding balance. Fingers crossed Lombard will keep this out of court.

 

Good stuff Scaniaman.

 

Good luck, I shall be following your case with interest.

 

Kind regards

 

The Mould

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Shoosmiths have not even acknowledged my e-mail so they are either ignoring the e-mail or taking instructions. I will keep you posted.

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I have now heard back from Shoosmiths and tey have stated that if I complete their statement of means form then they will take client's instructions. I have looked over the statement of means form and they want details of my employers, details of any belongings that I own e.g. jewellery, cars etc they want to know if i have any equity in my property, who has the title deeds, they want copies of HP agreements, copy of mortgage statement, copies of bank accounts. I am not prepared to give this information to them. My question is can Shoosmiths tell me that they won't take client's instructions unless I complete the form. This suggests that it is not Lombard requesting me to complete this form but Shoosmiths. I would have thought Shoosmiths would have to take client's instructions regardless. I am prepared to give details of income and expenditure but not complete the form they have sent. Shoosmiths have confirmed that they are now in receipt of my Defence,

 

Any advice of what I can do? I don't want to complete all of their form because i guess they are looking at an attachment of earnings order which is really not necessary because I am making weekly payments and/or judgment secured on the property which I would like to avoid as they are probably looking at forcing a sale.

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Also, they are wanting the names and DOB's of my wife and son. Does this mean they will want to credit search them?

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They have no rights to this information, so I would not complete the form, but give them general details, limited to what you are prepared to reveal. It is more likely they will just use the information, if they continue to court, which I think is pretty likely.

 

As for wifes and sons DOB, this may be see if wife is of pensionable age and wheher your son is under 18. I can't see that they would need to know this and actually take into account how they affect your ability to pay.


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Thanks I thought that was the case. I think I will provide them with an Income and Expenditure list which I have provided previously but I will submit again. I think I will also ask them to confirm that they will take Client's instructions on whether they are willing to negotiate to avoid Trial. At least if it does go to Trial and produce those e-mails to the court as proof that I tried to keep the matter out of court.

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Basic I & E and I mean very basic, (In and Out and other debt payments) no information with regards to your Wife and Son.

 

Andy


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Well I have heard nothing more from Shoosmiths regarding trying to settle this out of court. Shoosmiths have now sent me a Notice of Part Admission. The good news is that they have accepted the amount which I have admitted but they have also stated on the form that I have not made any offer of payment when I have been making regular weekly payments and this was also in my Defence. Shoosmiths have requested that judgement be paid immediately which they obviously know I can't. Can I inform the court or shoosmiths that they have again got it wrong or will the court pick up on it.

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I have bitten the bullet and sent an e-mail to the court informing the court that Shoosmiths are aware that I have made an offer of payment and have been making weekly payments for some considerable time so I will have to see what happens.

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I was wondering if I could make a formal complaint about Shoosmiths conduct and take it to the SRA?

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I was wondering if I could make a formal complaint about Shoosmiths conduct and take it to the SRA?

 

You can of course make a complaint if they are acting against the relevant professional standards, but you would have to state what standards they are not meeting.

 

From what I can see, these are issues you can raise when and if you get to court. Sometimes better to keep the court informed of claimants errors and let them explain themselves to the Judge.


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Unfortunately I think Shoosmiths realised their errors and they submitted an acceptance to court based on the amount I had calculated the outstanding amount to be. I have now received a Judgement for the Claimant which states that the Claimant has accepted my offer of payment and the outstanding amount has to be paid in full which of course Shoosmiths know this to be incorrect. My offer was £10 per week which I have been paying. Also the judgment does not take into account the payments I have made since I submitted my Defence which is what the Judgement is based on. The Judgmenet statement that if the payment is not what I offered then I have to write to the court pointing this out. is this just an error by the court as it is still being dealt with by way of Northampton?

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On the court form, apparently there is a bit where you ask to pay by instalments. If you did not complete this, then you may have to complete the N245 form and seek a variation.

 

I think this link answers your questions.

 

http://www.justice.gov.uk/courts/northampton-bulk-centre/ccbc/frequently-asked-questions


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I did complete the bit on the form where I could pay by instalments but this form had to be sent to Shoosmiths and not the Court! Surprise surprise!

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Well, I would write to Shoosmiths advising them that you will continue to pay them the £10 per week, as previous made. Perhaps it up to the claimant to take this court, if they are unhappy with this amount and they cannot agree with you an amount they are happy with.


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The N9A is only to be returned to their Solicitor if you admit the claim in full, if you only admit part of the claim it must be returned to the Court

 

Regards

 

Andy


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OH dear I cocked up a bit then. Well I've actually submitted a formal complaint to Shoosmiths so we will see what happens there apparantly they've got 8 weeks to investigate and get back to me. The Case has been directed to my local court and a Re-determination Hearing has been arranged for the end of March. Should I send anything to court in advance of this hearing i.e. income and expenditure? Thanks for all the advice.

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Which form did you submit for the RD hearing Scania?

 

Andy


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I didn't submit any form. I wrote to the Court and informed them that Shoosmiths had incorrectly completed their form and stated that I had not made any offer of payment and that I had been paying regular weekly payments for almost 2 years. The court then wrote and said the case was being transferred to my local court and the local court wrote to me with confirmation of a re-determination hearing. Thanks

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Will the Judge basically look at my Income and Expenditure and agree a weekly payment plan at the Re-determination Hearing?

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