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    • Fair enough. But I don't understand why they send these letters. Do people really get scared and end up paying them?
    • That's a blessed relief. They would have been withdrawn because, as I said, they have no evidence that you were driving. That comes from the responses to the requests for driver's details which you failed to send. The important thing is that the speeding charges were laid. That makes life much easier (and far more likely to see a successful outcome). You need to make your SD and serve it on the court where you were convicted. The next you should hear is by way of a "Single Justice Procedure Notice" laying the four charges against you again. You will have three options (for each charge): Plead Guilty and do not attend court Plead guilty and attend court Plead not guilty You must plead Not Guilty to all charges. In the section headed “reason for not guilty plea” you can state that you will offer to plead guilty to the speeding charging providing, and only providing, the FtP charges are dropped. This is a procedure well known to all court users (prosecutors, magistrates and their legal advisors) and is carried out up and down the land daily. I’ll refer to it as “the deal”. Before the pandemic it was necessary to attend court to undertake this deal and speak to the prosecutor (the agreement of the prosecutor is required as the court cannot accept it without that agreement).  However, during the pandemic courts aimed to reduce the numbers of people required to attend to an absolute minimum and most courts accepted a written request to do the deal. Local police prosecutors made an agreement with their courts that the magistrates’ legal advisors could accept the deal. In some areas this arrangement has carried on. In others they have reverted to the old process where attendance was required. So your offer of the “deal” with either be accepted in writing and dealt with under the Single Justice procedure or you may have to attend court. In either event it is important to emphasise that you will plead guilty to speeding only if the FtP charges are dropped.  There may be slight variations to the process depending on how the individual area works but there is no reason why this should not be successful.    
    • Yes thank you dx, my sentiments exactly.  We don't have access to his credit report to see the CCJ.  We were just told by the Estate Agency who he was trying to act as a guarantor for me.......  I can get a free one for a month I believe.  
    • I would say it's snotty letter time. You can do a search on CAG for examples of what other people have sent. Don't make it too polite. HB
    • Ok, received this letter that looks like a letter of claim but it still doesn’t sound too convincing    2024-06 BW Letter Of Claim.pdf
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Barclaycard/Mercers


SA1978
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Hello,

Back in 2013/14 I run into some money troubles and couldn't meet the minimum payments on my Barclaycard.

 

 

I called them and agreed a payment plan for 12 months.

 

 

At the end of the 12 months my finances were reviewed again by Barclaycard

and the gentlemen on the phone agreed another payment plan.

 

 

Note, all payments were made every month without fail.

Even received a text message to say a new plan was agreed.

 

however when trying to obtain some credit elsewhere I was declined

 

 

i got my credit report and notice Barclaycard/Mercers were giving me late payments

even though I was meeting the agreed payment plan.

 

 

When I called them regarding the late payments they said this was because this was only token payments

and they could no longer accept the £50 per month plan.

I managed to raise the 7k a few months later to clear the debt in may 2014.

 

However these late payments on my file are stopping me from being able to remortgage.

 

My argument is if I had known I was going to get late payments on my Credit file I may as well of not bothered paying anything.

 

I have asked Barclaycard to amend the credit report as I was making the agreed amount but they have refused.

 

Does anyone know if it worth taking this FOS? Or of any other steps I can take?

 

Thanks

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Start off with a formal complaint to them via their Head/Registered office. Head your letter Formal Complaint, send by a tracked mail service.

 

Advise you do not consider they are treating you fairly.

 

I think it has always been the case, that where people don't pay at all then their record is clear after 6 years (unless a claim is issued against them) . Where people are in an arrangement to pay, this gets recorded on the file for the duration of the account.. and then.. stays on for a further 6 years and this is indeed not fair at all.

 

So the moral of the story is.. don't pay and it goes away.. do pay and have your credit file trashed for a further 6 years !

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you are lucky you didn't get defaulted

or the dreaded AP markers [they stay forever!]

 

 

a Default is there for 6yrs regardless to if you pay the debt off or not

and will kill a mortgage dead.

 

 

theres nothing that they have done wrong here

 

 

a payment plan is a monthly arrangement, not in keeping with the normal amount.

they are entitled to mark your file.

 

 

cant see what you can do here

unless they were levying PENALTY [£12] fees or PPI too?

 

 

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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Hi SA and welcome to CAG

 

As already said above, despite your honest efforts to service the debt, your CRA files will show the a/c as in arrears. I don't think you have grounds for a complaint.

 

Your only chance of changing this, in my opinion, is if there are penalty charges and/or PPI that you could reclaim. If there was a significant amount reclaimable, you could argue that the reported arrears figures are inaccurate. I'm not sure this is likely to help you though, as you appear to have acted quickly when you got into difficulties.

 

:-)

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