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    • Documents arrived today dated 27th March.  This is a cc taken out a long time ago (2008) and they don't seem to have been able to provide a copy of a CCA agreement, just reams of print outs of lines of texts from old bank statements, default notices etc.   
    • Documents finally arrived today from PRA group.  New day have sent me lots of paperwork, copies of default letters and statements, print out of what looks like a CCA that would have been completed on online, IP address as signature.  This debt is not too old, so possible this is the true copy of agreement ?  Not sure what my defence would be beyond irresponsible lending. 
    • pers i wouldn't.. all you need to know is in the posts of that thread....that being section 127(3) of the CCA refers. if under a CCA return, the 'creditor' claims its a recon, it must not contain any details like a sig, tickbox, or typed name (whether you signed physically or by online tickbox) 1. those are not necessary in a recon, so why inc them? (faked??) 2, it cant thus be a recon!!, it must be a copy of the 'original' from the original creditor, not from a debt buyers filing cabinet. they shouldn't not be 'mixing' some original docs from the OC with crap from their filing cabinet, claiming its ALL a recon! because some of it is faked. just remember there are far more docs like NOA and a DN that are as equally important to a court claim of 'this debt is enforceable'. never rely solely upon the dodgy agreement argument.
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sky [barclaycard] charges over 6 years old - probably **WON** with compound interest


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What address did u put down for barclaycard on the N1

 

This is important. Someone went through the process and got judgement for no defense but had it all set aside.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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What address did u put down for barclaycard on the N1

Good point - I should also have asked if one of their trainee solicitors had made contact. If no contact has been made then maybe they are ignoring the claim, hoping to get any judgement set aside through being served incorrectly.

FYI. The address we used in our claim was:

Barclays Bank PLC t/a Barclaycard

1 Churchill Place London E14 5HP

 

We have had communication from a trainee solicitor and they have filed a defence in our case.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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That is the correct address :) OP we need to know what address you used for barclaycard.

 

if you used wrong one then you need to reserve the documents to address above.

 

If you served already to address above wait till FRIDAY and phone CCMCC to check n then try for judgement if no defense

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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I think after acknowledgement of service they got extra time 14 days to file their defence. I did received their acknowledgement on 8th july.

claimed served on 27th june .They had till 11th of july to response which they did .now from 11th july they got till 25th JULY to file their defence.is that correct?

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If they acknowledged it the confirm the date they should submitted defense by and phone ccmcc with claim number and ask if they received defense 5 working days after that date

 

If not, go for judgement

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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  • 2 weeks later...

i have received their defence.

 

1:account was sold debt company in 2009?

 

i have paid the full balance in august 2008. so they sold the account in 2009, after i have paid them.

 

they also denied that its sky card not Barclay card.

 

the agreement clear state that sky card issued by Barclay bank PLC t/a Barclaycard also in in every single statements.

 

They said account number is incorrect. followed by my SAR request its confirmed that account number is correct which is in my POC.

 

The balance when account was sold was £250.00 its also incorrect the last statement balance was over £800.

 

they also said that they did not receive any payment towards the account.

 

they sold the debt to debt company i have paid them its not my problem.

so how come balance went to zero in 2009 then? which shows in their statement.

rest of the defence is just standard defence.

ANY COMMENTS?

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you'll need to PDF that doc for us to see it

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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i have received their defence.

 

1:account was sold debt company in 2009?

 

i have paid the full balance in august 2008. so they sold the account in 2009, after i have paid them.

 

they also denied that its sky card not Barclay card.

 

the agreement clear state that sky card issued by Barclay bank PLC t/a Barclaycard also in in every single statements.

 

They said account number is incorrect. followed by my SAR request its confirmed that account number is correct which is in my POC.

 

The balance when account was sold was £250.00 its also incorrect the last statement balance was over £800.

 

they also said that they did not receive any payment towards the account.

 

they sold the debt to debt company i have paid them its not my problem.

so how come balance went to zero in 2009 then? which shows in their statement.

rest of the defence is just standard defence.

ANY COMMENTS?

 

I'm confused. In the message above (post 32 in the thread) you say you paid the full balance in August 2008 but further down you say "... incorrect the last statement balance was over £800"

 

In the page of the defence you have shown, BC say it was one of many SkyCard accounts they took on, yet you say "they also denied that its sky card not Barclay card".

 

In your post #30 you say that you had resolved the account number issue yet now say "They said account number is incorrect..."

 

You also say "they sold the debt to debt company i have paid them its not my problem" - still going against your claim that you paid the full balance in 2008. In previous posts you said you had paid Capquest, so you must have accepted the account was not paid off.

 

"so how come balance went to zero in 2009 then? which shows in their statement." - if they sold the debt on to a collection agency then the balance on their books would go to zero. That's normal.

 

"ANY COMMENTS?" - please don't SHOUT, there is no need to yell at us when we're trying to help.

 

Very little of this has to do with your claim for charges, so isn't really relevant. You have taken them to court to claim an amount. As part of their defence they have to explain if the account is theirs or not and what the background of the account was.

 

If they follow their usual procedure they will contact you to negotiate discontinuance of the case before the court hearing date, you will then be unable to discuss the matter on here due to a confidentiality clause. Up to you if you accept or continue with court.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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  • 1 month later...

Hi Shaha,

 

I think you were right to refuse the low offer and pursue the claim process for now.

 

I'll look out for the new BC thread .................

 

:-)

We could do with some help from you

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  • 4 weeks later...
I can't say any more about how the case was concluded. I can say that I am quite happy.":lol:

 

Understood - Well done :-)

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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Although this is good for you, It does not help anyone in the same situation.

 

But there's a reason... I refer to a thread that Slick132 had to end for me in a very similar set of circumstances... ;-)

http://www.consumeractiongroup.co.uk/forum/showthread.php?421662-BC-penalty-charges-probably-**WON**-with-compound-interest**&p=4584542&viewfull=1#post4584542

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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Hi Shaha,

 

From experience with other BC reclaims, I assume you were successful in getting your refund with compound interest but you agreed with Barclays Litigation on confidentiality.

If I am right, hearty congratulations. :whoo:

 

:-)

We could do with some help from you

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Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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