credit card claim form - help

[malo2]

Edited January 17, 2014 by malo2

[malo2]

hi ive found a paper in the dsar in the debt collection file which show a charge off date and that its placed in in house banking but the money was not credited to the debt but they use client account and instead of bank account detail but the figure is the same as the current account that they closed

[malo2]

hi my question is can claim money back on interst that occured from borrowin bassicaly im still in debt and i worked it out i borrwed 4000 and ive paid them 9000 as i was not able to keep up with the minumum payment so can i claim money back as i am still in debt with this account

[i hate bailiffs]

Do you have all the statements?

What sort of loan is it

Is there charges been added to it

 

A subject access request may be the way forwards

[malo2]

i did a sar and basicaly i had credit card which raked up 4000 in debt and was neverr able to make miniumum payment so in 2011 they closed my current account and took the money which was a 1000 now on the debt it was never credited but on another letter it stated that it was charged off my question is should i ask for that 1000 pound plus interest along with late fees and oner limit charges and how should i go about doing it they sold the debt on to a dca

[ims21]

Two threads merged. Please keep to this one thread for this credit card issue.

[dx100uk]

who is the dca ?

 

please type out the claim PoC

 

and the defence you sent.

 

*you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice DD-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

.

dx

[malo2]

sorry could not post earlier as had to have computer repaired.

 

THE POC

 

The claimant claims xxxx for debt and interest. on xxxx the defendent entered into an agreement for a credit card with bank of scotland plc under ref xxxxxx.

on xxx the defendant defaulted on the agreeement with an outstanding balance of xxxxx.

on xxx the debt of xxxx was assighned to xxxxx and on xxxx assighned the debt to xxxxx

notices of assignment were sent to the defendant in accordance with s.136 law of property act 1925

 

Defence

 

1. I,xxxxxx am the Defendant in this action and make the following statement as my defence to the claim made by xxxxxxx.

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the Claimants' Particulars of Claim and put the Claimant to strict proof thereof.

 

3. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia:-

 

4. The Claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the Defendant as the Claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the Court’s attention to the following matters:

A copy of the purported written contracts that the Claimant cited in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim.

 

5. On (xxxxxxx) the Defendant submitted requests under CPR rules via First Class Recorded Delivery for copies of the agreements, copies of all statements since inception of the accounts, in order to assess if the sum claimed is accurate and any other documentation that the Claimant is relying upon in pursuit of this claim. The claimant did not respond

.

On (xxxxxxxx) the defendant posted a request for a copy of the consumer credit agreement under the consumer credit act 1974 section 77/78, along with the statutory fee £1, in which the claiment had 14 days upon receipt of the the defendants request to supply the defendant with a copy of the alleged agreement. The claiment failed to supply the agreement within the perscribed timescale and still have not supplied the agreement, and as such are in default of the defendants request. Which would prohibit any such legal action/enforcement as per section 78 (6) "If the creditor under an agreement fails to comply with subsection (1)—(a)he is not entitled, while the default continues, to enforce the agreement" And likewise under section 77 (s.s 4 (A)) of the consumer credit act 1974

 

6. I respectfully ask the permission of the court to amend this defence when the Claimant provides full disclosure of the requested documents.

 

Statement of Truth

 

 

also they sent a reply to the defence stating that i require thereconsent or order of court to change defense and that i currently dont have it also they state that as proceeding have started section 77/78 were inappropiate

 

its been two weeks since i recieved the acknowledgement of defence letter and saying they have 28 days to decide to go forward or not else the claim will be stayed.

 

the problem with there poc is is that the bank charged in and took 1000 but did not credit the account also the total charges such as late and overlimit charges amount to over 3000 with the 8 % interest so i would like help with the amendat defence or should i request that money directly from the bank

 

oh and sorry for not including the dca just dont want to name them yet

 

any help would be much appreciated