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    • I accept the point you have made in paragraph 2 and I am aware of the risks I will incur at any hearing. However the opposite side of the same argument is that Lloyds will have to claim they have no liability whatsovever as the card services provider in a scenario where clearly there was a breakdown of payment services between themselves and the merchant.   The Court may decide against me for not exhausting all options or it may accept that myself and this particular merchant are in dispute and there was no reasonable prospect to recover the money. Regardless of those options (which is exactly what I consider them to be options - not obligations), I am of the opinion Lloyds Bank is still liable as a card services provider and if I am successful it will have wide reaching implications on their policy of attempting to fob their customers off whenever they induce preventable mistakes and refuse to correct them.   To put it another way, if you have a dispute with an energy company you can use the Ombudsman Service, or you can forgo it and proceed to court. I have forgone my option of a section 75 claim and wish to hold Lloyds liable. I believe I am only afforded the option of a section 75 claim as a result of the Consumer Credit Act - although this could be an error on my part. And that banks prefer their customers to pursue merchants in full knowledge they are equally liable. After a lengthy discussion with HSBC regarding the same issue they attempted to fob me off with a similar excuse that I am subject the conditions of Master Card or Visa or whichever company it may be. They attempted to do this by simply referring me to a webpage that does not form any contractual agreement or present itself as terms and conditons to be accepted by me. I totally disagree with the positions of both banks, if I have entered into agreement and hold an account with Lloyds, I believe all my dealings are be conducted with them and whatever agreements they have with another payment service they intertwine with is a matter for them. My credit card agreement is with Lloyds not Master Card.   Both myself and Lloyds will be risking something if this proceeds to Court. I have accepted that and there are few causes worth pursuing that do not carry inherant risk.
    • Hi, thanks for replying. Your help would be really appreciated. The arrears are 4 months worth of payments. I haven’t received the defence form as yet.
    • So the dealers aren't interested It doesn't matter, as you already understand the liability rests fully with the finance company and frankly I think that you are probably waited long enough because nobody seems to be committing themselves to sorting the problem out. There are a couple of technical problems that you need to understand. A quick of English law is that you must actually have suffered a financial loss in order to bring action. Although clearly the damage the engine represents a substantial amount of money – it isn't actually money. Normally speaking if you're suing for breach of contract you would have to demonstrate a pecuniary loss and that means that you would actually have had to spend the £8000 to repair the vehicle and then claim it back. I think that the county courts are sufficiently modern-minded that they may run with it anyway but I would be surprised if your hire purchase company objected in the first place to bring an action for the value of work which had been carried out. The second thing though is that if you are not actually out-of-pocket then you won't be able to claim interest. The County Court rate of interest at the moment is extremely high comparatively speaking – it is 8% simple. You won't get that rate of interest anywhere else. If you simply sue for the value of the repair without having spent the money, then assuming that nobody raises some technical legal objection, then all you will be able to recover is the £8000 for the repair and no interest. If you spend out the £8000 now and have the car repaired then you will be to recover that money +8% until the money is repaid to you. Of course the hire purchase company won't actually want to go to court about this and eventually they will pay. However they will simply try to pay you your net sum – but if you have actually started proceedings then my advice would be that you should stand your ground and tell them you want every last penny including the interest – as well as your court fees. There may be other losses which you are incurring why this car is off the road. Presumably you are paying insurance. Presumably also you are paying road tax. You have an alternative vehicle so you aren't really in a position to claim for alternative transport but on the other hand if the loss of this vehicle is costing you anything else then we need to know about it. You certainly need to calculate a daily rate for the insurance which is basically money thrown away and also a daily rate for the road tax which is also money thrown away. If there are storage fees then they should be recoverable as well. My recommendation to you is that you get the work done after having given proper notice to the hire purchase company that this is what you going to do and that you are then going to see them to recover the money. Let us know what you think about this. Have you asserted your right to reject?  
    • OK,   well I think you should definitely enter a defence - I can help you with that - there is absolutely no reason for them to ask for a suspended possession order when you have made all payments under the arrangement.  How many months mortgage payments does the arrears figure represent ?
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help about default barclaycard debt now sold on


sugarplum1973
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hello need advice about a debt

 

 

I got a default notice but this was never registered to the credit ref agencies

 

this debt was sold to a 3rd party debt collector

 

I was checking my credit file and things were not right as the new debt collector was putting wrong information on my credit file.

 

I made a complaint to cra and then got a letter from these saying all the information had been removed

 

on checking there is no details of the new debt collector

 

I did a sar to Barclaycard and found out that they never registered the default with the credit reference agencies before selling this debt on .

 

what can the new debt collectors do

can they issue new default

 

 

I am paying this debt off weekly with the new debt collector

 

 

what rights do they have with this debt and if I stopped paying them what rights do they have.

 

it shows on my cra that Barclaycard is closed

 

 

can they still register the default on credit file if they have sold the account

 

 

any advice please thanks

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only the original creditor can issue default notices and register defaults.

a debt buyer can only update information already registered.

 

have you sent these fleecers a CCA request?

 

how old is the card?

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 SP,

 

Can you give us any more info like approx dates and amounts.

 

Have you sent the DCA a CCA request.

 

Have you data about PPI and/or penalty charges before the a/c was sold.

 

:-)

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hello thanks for the reply's

charges on the account

 

 

£12 for charges and £12 for going over limit due to them adding charges and interest this brought my account over the limit

 

I owe £3000 on the account that I have arranged to pay off weekly with mkdp

 

account was opened in 2009 and was a online application there are no ppi on it as didn't need it at the time .

 

account was sold in 2012 to mkdp

 

can Barclaycard who sold the account but never registered a default with the cca

now register default if they wanted too

 

 

and what can mkdp add default to my credit file whenever they like if Barclaycard never did.

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Hi SP,

 

Wait and see how MKDP reply to the CCA request.

 

In post #1, you say BC sent you a response to your SAR and I assume this included full data about penalty charges. Depending on how many charges you suffered, you can reclaim the full amount of every one, plus compound interest.

 

See BC *WON* threads here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes

 

Reclaiming these charges with compound interest could usefully reduce the balance.

 

:-)

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

 

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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opps cash cowed,

no wonder BC sold it

 

 

drop MKDP to £1PCM whilst you investigate rather than weekly.

 

 

if BC sent a default notice then that should be good enough to show a default should have been registered at xyz date

if mkdp get funny.

 

 

I hope you've not been talking to these dca's on the phone?

and they haven't got you debitcard details have they?

 

 

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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hello

 

 

I set up a standing order to pay them each week

 

 

I don't speak to them on phone as they try to all sorts to try and get money that I just don't have

 

if my account was opened in 2009

 

 

why should I be sending mkdp a cca as thought this would be enforceable

 

 

the above thread

 

 

what does cash cowed mean

 

 

thanks

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Cash cowed means your being fleeced, basically!

 

Yes a CCA post 07 will normally be compliant, but no harm in making them jump through the hoops.

 

£1 a month is ALL you need pay for the time being, so amend your SO to this amount.

 

Then you can look at reclaiming all of those penalty fees/charges including compound interest at their rate, that will take a big chunk out of their

grubby profit pocket.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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cash cowing means you have poss been spoofed

by a no powers DCA into paying a debt, that is made of unlawful penalty charges

that can be reclaimed.

 

 

interests me why BC have sold this card with such a high balance

 

 

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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Share on other sites

interests me why BC have sold this card with such a high balance

 

Probably because it is made up of reclaimable charges and penalty fees!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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