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    • @dx100uk Well my pro-rata offer is minus at the moment lol so I will look to modify it and offer the £1 token payment. Is that the right move? At the end of the day both they and I know that you can't get blood out of a stone and I am a stone currently   Thanks again sir
    • Hi, yes this is the same sort of response I keep getting about this. Yes so it asked for the registration number of the car, and this was inputted correctly. It’s then “found” the brand and type of car “Kia carens 1.6” etc and then came up with the “Recommended” list we then selected the tyres from. I have checked it since we bought them and the same tyre still comes up. In response to the lady above where we “assumed” we did assume the tyres would be correct in the list so didn’t see any need to ring to confirm if you see what I mean. We did try ringing the company but they were unwilling to provide information of supervisor. It seems like the company isn’t going to do anything about this.. 😕
    • They are all actually your interpretations, and nothing more than incorrect assumptions and extreme misrepresentations (at best) of mine (and thats being kind)  
    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. . .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]  
    • Hello   Thank you for your response, I think I have done this right. My responses are in bold    Name of the Claimant ?  Merligen Investments LTD    Date of issue –   12/11/2019        Particulars of Claim     What is the claim for –  1. The defendant owes the claimant £209.79 under the a regulated agreement with Studio Retails T/A Ace dated 16/10/2015 and which was assigned to the claimant on 19/07/2017 (debt)   2. Despite formal demand for payment of the debt the defendant has failed to pay   and the claimant claims £209.79 and further claims interest thereon pursuant to section 69 of the county courtact 1984 Limited to one year to the date hereof at the rate ot 8.00% per annum amounting to £16.78    What is the total value of the claim? £301.57     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? No    Did you inform the claimant of your change of address? no    Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? cat debt    When did you enter into the original agreement before or after April 2007 ? no   Do you recall how you entered into the agreement...On line /In branch/By post ? Online     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.  Debt purchaser    Were you aware the account had been assigned – did you receive a Notice of Assignment? No not received any correspondence apart from a couple of recent Text messages and in all honesty I thought it was a [problem]    Did you receive a Default Notice from the original creditor? No     Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No Nothing     Why did you cease payments?  About 3 years ago     What was the date of your last payment? Can’t remember     Was there a dispute with the original creditor that remains unresolved? No dispute     Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  no          
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Notice of Debt Collection from Westcot/Barclaycard. No idea what to do next

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Thanks citizenb. For some reason, the payplan link was removed but they do expand on it more in their thread.

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I've received two letters from Barclaycard, one for a debt of £1800 saying it was unenforceable as they couldn't supply the original agreement. The other, for a debt of £10k+ they've sent a reconstituted, unsigned agreement (much like the one mentioned at this thread http://www.consumeractiongroup.co.uk/forum/showthread.php?397786-reconstituted-copy-of-credit-agreement )

 

I think that, in the case of Carey v HSBC at http://www.bailii.org/ew/cases/EWHC/QB/2009/3417.html the key point, since they have changed the interest rates, is (4) If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms;

 

On other threads I've read though, if it does go to court, it will depend on the judge whether a reconstituted agreement is valid.

 

Have there been any success stories since the Carey case in 2009?

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Maybe another way to skin a cat.

 

See Slicks post #14


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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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Maybe another way to skin a cat.

 

See Slicks post #14

 

Thanks. Have people succeeded in reclaiming restitutionary interest?

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I saw the following letter on another forum. Do you think I should send it to BC ?

 

Dear Sirs

 

Account No: xyz

 

On XX/XX/XXXX I wrote requesting that you supply me a true copy of the executed credit agreement for the above account. In response to this request, I was supplied a set of Terms & Conditions. As the Terms & Conditions did not comply with my CCA Request, this account is unenforceable and will remain so until you comply properly with my formal request.​

 

​I appreciate that as per Carey v HSBC, a reconstituted agreement can be provided, however, that doesn’t mean sending generic random terms. I am disputing the actual existence of an original agreement, which means the Carey case is irrelevant as without one the account would still be deemed unenforceable. Carey only went to prove that if you could not provide an original, for whatever reason, but had proof on your systems/records that certain conditions were in place at that time then a recon could be submitted only in-so-far as to satisfy your s.78 request. If you do not have an original then a recon cannot be produced; whereas sending Terms completely fails in its entirety.

 

​Similarly, the recent McGuffick and Carey cases confirmed that a lender should submit upon request a valid true copy of the original CCA and also went on to suggest that both the creditor and debtors name and address are clearly displayed - the Judge dealt with this point at paragraph 60 of his judgement when he said this:​

"As a matter of common sense It is difficult to see how a copy of a document can omit the names of the parties. It might he thought that the address of the debtor, however, was immaterial, at least to the debtor, who can be assumed to know what it was at the time, if different from his present address. However, as noted above any application of the concept of materiality must not override the requirements of section 78 and the Copies Regulations properly understood. In my view it is clear that the name and address must be provided"

 

​In MBNA v McCullagh; the Judge ruled;​

"The terms and conditions are plainly not a copy of those on the original agreement. There may only be one difference identified (it is difficult to tell from the illegible copy of the original) but that is enough. The obligation is to provide "a copy of the executed agreement". This plainly cannot be a copy of the original agreement. It is not open to the claimant to say that the difference is 'de minimis'. They have to provide a copy of the original (reconstituted or otherwise)"

 

The OFT Guidance states that lenders would be acting unfairly, and potentially in breach of their consumer credit licenses, if they misled borrowers by:

 

  • hiding or disguising the fact that there was never a proper signed agreement in the first place
  • providing only a copy of the current terms and conditions, not the original ones

 

Similarly, in line with recent OFT Guidance surrounding Unenforceability, I presume you're aware that the OFT has stipulated the following;​

Sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements. Under these sections a debtor can pay £1 to get:

 

  • a copy of their agreement
  • copies of some of the other documents mentioned in their agreement
  • a statement of account

 

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

 

  • make the debtor pay the debt before they're supposed to
  • get a court judgment against the debtor

 

As this account is clearly unenforceable, I expect you to confirm that no further action will be taken.

 

​Yours faithfully,

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Thanks. Have people succeeded in reclaiming restitutionary interest?

 

You need to do more reading. :wink:

 

See all the *WON* or *WON (probably)* threads here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes

 

Many folk have taken Barclays t/a BC to court and have achieved settlements, including penalty charges, compound restitutionary interest CRA data removal.

 

:-)


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a good guide here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?423713-Barclaycard-Link

 

But remember, we need to know the figures of charges plus interest before we know if its worth making the claim


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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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