Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • St Greta would love a canal with solar powered narrowboats.........
    • Name of the Claimant ? Erudio Student Loans Ltd   Date of issue – 9th Jan 2020   Particulars of Claim   What is the claim for – the reason they have issued the claim? 1.The claimant claims £10,100 for monies due from the defendant   2.The debt was pursuant to a regulated agreement(s) between the defendant and The Student Loans Comedy Limited. Each agreement had an individual account number as follows  XXX XXX XXX XXX   3.The defendant failed to make payments as per the terms resulting in the agreements being terminated. Notice of such is served by a Default or Termination Notice subject to the terms of the agreements.   4. The debt was assigned to the claimant on XX/XX/2013, with a notice provided to the Defendant. A new master reference number XXX was also applied upon assignment 5. The claimant has complied with the Pre Action Protocol for Debt claims.   What is the total value of the claim? £10,100  Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No    Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes, possibly more than once. This claim form has been sent to my home address   Did you inform the claimant of your change of address? No, I have never heard of Erudio before I received this claim form.  I did notify The Student Loans Company Ltd about my address change though. Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Student Loans   When did you enter into the original agreement before or after April 2007 ? Before.   Do you recall how you entered into the agreement...On line /In branch/By post ? I think I signed the forms in person, although it would have been about 25 years ago so I can't be positive.   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. It says that the debt was assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? No, I have never received any notice of assignment   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not that I remember   Why did you cease payments? I always returned Deferrment notices to The Student Loans Company as I never earned enough to have to start repaying these loans. I still haven't. But the SLC stopped sending deferment notices to me, and in fact stopped sending anything to me. I don't know when the last time I had any communication from them.   What was the date of your last payment? I've never paid     Was there a dispute with the original creditor that remains unresolved? Not to my knowledge    Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No I did not   This is for a huge amount of money, and I've never heard of Erudio before I received this. I do sometimes have problems with my post at my home address.  I really appreciate all help that anyone can give with this. My ideal outcome on this would be that they drop the court action and I send them Deferment notices for the future.
    • Hi Andy,   We were never notified with regards to this holiday no communication after they went into Admin. last week was the first time we heard anything at all and it was from RC themselves. I called them last night and explained everything and it looks like everything going to be okay we will only  lose the deposit which is a small price to pay I guess compared to £2000 I will update if I hear any more.   thank you Hb and Andy both for your  help   regards otb
    • yep, the UK is a bumpy twisty crowded ISLAND whos layout and transport infrastructure is best suited to Sea and Road. The rivers are generally to narrow and shallow, let alone steep, and the flat plains are simply to small and crowded to house a big rail system like Europe, China, India, Africa, Australia ............   So its smaller lots via road or ship em to the nearest port   Our railways are narrow and a bit cramped because they NEED to be. Canals were our infrastructure   When putting in just a couple hundred miles of track disrupts half the country for a decade or more, and costs a not so small nations national debt - its the wrong choice.
    • Yes HS2 is  a waste of space as a half hearted  implementation.
  • Our picks

tnook

Very Old Barclaycard Charges ***Settled by way of Tomlin Order***

Recommended Posts

Realise it's the bank holiday weekend. Just wondering if any of the site team had any advice?

 

:)

Share this post


Link to post
Share on other sites

Well it is what it is...you wouldn't expect anything else....obviously they are going to deny that they have not complied.Should you now wish to proceed then your task is to prove otherwise in your witness statement.

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites
7 hours ago, Andyorch said:

Well it is what it is...you wouldn't expect anything else....obviously they are going to deny that they have not complied.Should you now wish to proceed then your task is to prove otherwise in your witness statement.

 

Andy

tnook, is this do-able?

Share this post


Link to post
Share on other sites
On 27/05/2019 at 14:45, tnook said:

Realise it's the bank holiday weekend. Just wondering if any of the site team had any advice?

 

:)

 

I have a look through this thread but I have seen the defence that they have supplied. Have you got a copy of the bank's retention policy?


Share this post


Link to post
Share on other sites

Posts #199/200 for defence 


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Just to give you all an update. Nothing much has happened. Still waiting for a date and time for the mediation session.

Share this post


Link to post
Share on other sites

If you are going to mediation, don't forget that there is no basis on giving any ground if you consider that you have the right on your site. Mediation is not about compromise – unless your position is weak. If your position is strong then simply stand your ground and give no quarter. Then later on you will be able to say that you did agree to mediation.


Share this post


Link to post
Share on other sites

Thanks Bankfodder. The problem I have is that they are sticking to their line of not having the data. I don't have a way to prove that they do.

Share this post


Link to post
Share on other sites

Then you need to ask them to explain why they have breached their stated policy for data retention.  Also ask them to commit themselves that they do not use some other data storage service/archive.  If they refuse to confirm then you might then say that you will proceed to a hearing -although could be risky.  You could tell them that if you withdraw the case it will be on the basis that they agree in writing that they have breached their own policy.

I'm afraid that I haven't gone through the whole thread or refreshed my memory of it


Share this post


Link to post
Share on other sites

Ok update. I called the mediation hotline to book the mediation session and it’s a no go.

 

Although Barclays asked for it to go to mediation. They just declined and asked to proceed to court. 

  • Like 1

Share this post


Link to post
Share on other sites

I expect it was just a tactic to make it look as if they were willing and also to test your resolve.

  • Like 1

Share this post


Link to post
Share on other sites

So frustrating. I estimate about £20k in charges and interest in those ‘missing statements’  

  • Like 1

Share this post


Link to post
Share on other sites

£100,000+ on mine    ...from 1986.

Share this post


Link to post
Share on other sites

I’m in the same boat, HSBC have proved that they have contradicted their own privacy policy but won’t admit it and have stated they won’t discuss it anymore.

Bankfodder, if tnook does get them to admit they’ve breached their own policy, how will this help, please?

Share this post


Link to post
Share on other sites

What’s the latest on this, tnook?

Share this post


Link to post
Share on other sites

Hi all,

 

Latest was that BC had requested mediation, then after dragging out the deadline to agree an appointment they decided not to go through mediation. I spoke to the court last week for an update and it's down to me now to submit my AQ.

 

I'm away from home until Thursday, will be drafting it and put it up here for any comments. The courts mentioned that the hearing would likely be in December.

 

I need to think about what I want to get out of this, since they are digging their heels in about not having the statements. I need to somehow highlight how evasive etc BC have been, I need them to also state they don't hold records at external sites like Iron Mountain. I'd also like them to explain what happened to the statements. Not sure if I can get any of this from the hearing.

 

 

Share this post


Link to post
Share on other sites

This sounds like a naive question but what happens when you email them and ask? Do you have a contact point within Barclaycard?

Share this post


Link to post
Share on other sites

Yes indeed, I have a BC contact on the 'customer care team'. 

 

BC and their solicitor are sticking to the line "we looked and we can't find your statements".

Share this post


Link to post
Share on other sites

About to send this letter to their solicitor, to highlight their ‘confusing’ actions and ask for BC to commit to not using external data storage or archives and ask what happened to my data. Probably won’t go anywhere.

 

Dear Solictor,

 

This is a request for clarification since I have been receiving several conflicting messages from yourself and Barclays.

 

On the 9th of May 2019 you requested a extension for your filing a defense, to be reasonable I agreed to this since you said Barclays were looking for the data I had requested.

 

On the 10th of May your last email stated you would update me on the progress of the search. You did not reply. Will I still be receiving my data?

 

I received notification that you and Barclays wished to proceed with mediation. I agreed to this. You and Barclays then without warning changed your minds and decided not to progress with mediation.

 

I find the changes in direction confusing.

 

My position is unchanged in that I do believe Barclays have my data. There is evidence of other customers data being made available, but only after court action.

 

I will consider withdrawing the claim if Barclays explain what happened to my data and commit themselves that they do not use some other data storage service / archive. For example an internal archive or an external data storage provider.

 
Your faithfully,
tnook
  • Like 1

Share this post


Link to post
Share on other sites

What dates are you working to now with regards to court directions...statements and disclosure ?

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

I just got a letter in the post from the courts requesting the Allocation Questionnaire and court fee. They indicate a hearing would likely be early December.

Share this post


Link to post
Share on other sites

Requesting the DQ ?  Have you not already submitted one ?  Hence the mediation ?

 

Do you mean you have received the Notice of Allocation with directions ?


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Hello everyone.

We have movement.

I think BC panicked.

 

The deadline for their witness statement to be submitted was today.

At 15:50 they submitted a N244 paid £255 to extend the deadline by 7 days.

Because they need to find the right witness in BC.
 

Their solicitor called.

A new one, last one left the company.

She wanted to understand what I wanted to settle. 
 

I told her I wanted my statements, or a certificate of destruction and written statement that they are not held by a 3rd party or elsewhere. 
 

I’ll attach the PDF when I get home. 

 

Court hearing set for Dec 3rd

Edited by tnook
  • Like 1

Share this post


Link to post
Share on other sites

I've just had an email from the solicitor. Basically saying they have no way of searching for the statements and again threatening me with costs. What do you think about their argument about not being able to search the files?

 

Quote

Dear tnook,

 

We write further to previous correspondence in which you indicated that you would be prepared to discontinue your claim if the Bank  either (i) delivers copies of the statements you requested, which we believe to be dated between 1998 and 1999, (ii) provide you with a certificate of destruction or another certified document that proves that the Bank is no longer in control of the requested documents; or (iii) provides confirmation that the requested information is not being held in any external/third party databases.

 

The Bank can confirm that it has carried out reasonable and proportionate searches in line with its obligations underGDPR. As you have been previously informed, the Bank has not been able to locate the documents requested by you, on microfiche or otherwise. Given the age of the statements requested it is very unlikely such data would be available in this context. For closed accounts dating back to the time period you have requested, the Bank does not hold the data requested in any of our customer systems or live databases. Certain historical records are held in a format known as microfiche which is only accessible by locating a specific reference associated with an account (and then a manual search being conducted of the historical microfiche records based on that reference).  As a result of the age of the information you have requested we can no longer access this reference which means we have no way of locating the microfiche record to confirm it no longer exists, however, this also means that, even if they did exist (which is unlikely) Barclays is unable to retrieve or access them for any other purpose and anything which does exist from that time is effectively beyond use.

 

In circumstances where any documents retained are “beyond use”, the Bank is no longer in a position to process any data that may have been retained, and will be unable to locate any such data notwithstanding any order made by the Court. We are instructed that there is a high likelihood that the data requested has been deleted in line with the Bank’s usual data retention policies. However, for this reason you will appreciate   that the Bank is unable to provide you with a certificate of destruction or definitive confirmation that the request documents are no longer in its possession.

 

If this matter progresses to the final hearing the Bank will confirm the above to the court, and request that no further order is made. We will also seek our client’s instructions as to whether to seek costs from you on the basis that 1) the Bank has already offered you the full monetary value of your claim; and 2) the Bank has explained that it will be unable to comply with any order in the form sought by you.

 

We are instructed that our client remains prepared to honour its offer to pay you £125 in full and final settlement of your claim, provided that notification of such acceptance is received no later than 12:00pm on Wednesday 27 November 2019 (the Offer). Please confirm by return whether you are willing to accept the Offer, following which we will prepare a draft settlement agreement for your consideration.

 

Kind Regards,

 

 

 

Share this post


Link to post
Share on other sites

beyond use to who?

 

beyond use to them maybe but ofcourse not of beyond use to  person {S} that want £1000's of unlawful fees back they were cheated out of.

 

me thinks they are making up policies here to stop the flood gates opening up.

 

just because their data retention system and the historic management of it is poor and has obviously been poorly managed by their managers who no doubt got/have an annual salary of several £100'000, why should the consumers have to suffer such poor service??

 

smacks of a need for Barclays to investigate how this has been allowed to happen under GPA and GDPR rules and regulations

 

i'm sure and I know we've seen it, that if they needed a customers bank statements to prove early non payment of a Woolwich mortgage in an on going shortfall case, they'd be on the judges desk the next day.

 

 

 


..

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...