Jump to content


  • Tweets

  • Posts

    • Hi LFI, With regard to the ANPR cameras in your post #65, while I was on the phone to the Planning Department, they did take a look at Google Streetview and went back to 2012 where they could see the ANPR cameras in place so therefore they would have deemed consent. I had previously read the T&C Planning Regulations and had read the section on deemed consent so I understood the point they made on the phone. It doesn't matter though, that doesn't harm my case any, and I shouldn't really mention this now, (this is what you reminded me of on another thread) but in the past I was a member of a scheme that gave me access to legal advice, I have spoken to a barrister previously through this scheme on another matter and I think I am still a member. I am going to check if I am still a member of the scheme, and if I am I will discuss my case with a barrister or solicitor, whichever the scheme deems appropriate. I will let you know the outcome. I am also going to take Bankfodders advice in the sticky and go to the local court and ask if I can sit in on a case in the Judges office.
    • deed?  you mean consent order you and her signed? concluding the case as long as you nor she break it's conditions signed upto? dx Yes sorry. they called it a deed at first in court.  Then Judge said she was happy to have it sealed as something else  exact names of orders in message above.     The disease was tested for when his cardiac testing was done immediately after purchase and part of the now sealed case.   However, results were disclosed incorrectly and I only found out  two days ago.   This disease did not form part of my knowledge during the case as I had been informed of a normal result that was not the case.   it is perfect clarity of a genetic disease where as the previous cardiac issue could be congenital until the pup is genetically tested. 
    • Hi, Halifax recently sold a credit card account of mine to Cabot. I am unemployed and have no assets and was thinking of making token £1 payments for 12-18 months in order to drag things out a bit and reduce the chance of Cabot being able to get the correct CCA documents from Halifax if I requested them in future. However, I saw on the pages on this forum about defending county court claims that one of the standard approaches when defending such claims is to say “I had an account with bank X, but I don’t remember the details and so don’t know if I owe this debt…”. If I made £1 payments to Cabot, would it prevent me from using such a defence in future? OC: Halifax DC: Cabot/Wescot Card account opened: 2016 Defaulted: 2023
    • Paperwork says sealed consent order and composite settlement agreement      YES  ADDISONS DISEASE 
    • Hi, This may be the wrong place for a thread BUT If you receive a defence, can you send a CPR 31.14 request for document mentioned in the defence, and then apply to proceed with the case only after (14) days passed or they respond OR is it only if you receive a claim I see @dx100uk thread is for when you receive a claim, but can you also do the same when you receive a defence?
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Barclaycard Default Notice Removal **Claim settled (probably)**


bradybunch
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2911 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 80
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

Hi BB,

 

You can't get the court to edit your claim. It can only be amended by a Form N244 Application if necessary with a fee payment.

 

At this stage, I suggest you can leave the claim as it is and negotiate with Barclays in due course to reach a settlement when it's appropriate.

 

:-)

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 !:-)

Link to post
Share on other sites

In response to your PM, you don't need to send anything to Barclays just now. CCMCC will fwd this to the Defendant

 

The full POC should be sent to CCMCC Salford as required if you have Particulars of Claim (PoC) bigger than allowed on the MCOL system.

 

:-)

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 !:-)

Link to post
Share on other sites

Did you send the full Poc to CCmCC?

 

Send the PoC to Barclays asap anyway.

 

:-)

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 !:-)

Link to post
Share on other sites

  • 4 weeks later...

Hi Slick,

 

Thanks for responding to the PMs. I didnt really read enough cases on here to understand the implications of the judgement by default. My understanding was that the defendant can still apply for the judgement to be set aside even if i did obtain a judgement by default. I was only prepared for the "usual" path that I have encountered here. I will keep you updated.

Link to post
Share on other sites

Hi BB,

 

Just so others know what's happened, you PM'd me on 31st Dec'r to say you'd not heard from the Defendant and their defence was due in by 4th Jan, so you contacted them.

 

The sol'rs said they'd not rec'd your PoC (even though you sent it to them by RM Signed For delivery) so they're applying to the court for extra time. You've just rec'd a copy of their Application seeking more time.

 

I told you it was a shame you hadn't sought advice here before contacting the sol'rs as you may have missed a chance to seek Judgement in Default.

 

:-)

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 !:-)

Link to post
Share on other sites

  • 3 weeks later...

Hello Slick and the whole CAG family,

 

I received the attached letter from MAB solicitors last week, after I missed the chance to get a judgement by default. They are claiming that they havent received the POC, however I sent it to Barclays and I have proof of receipt/delivery. I would also like advice on what to do with the POC as I have paid the default amount to the CCA as a condition for the a mortgage.Should I notify the court and the defendant?

 

Thanks guys

MAB_Letter_23012016.jpg

Link to post
Share on other sites

Hi BB,

 

Can you confirm exactly what you meant when you said, " as I have paid the default amount to the CCA as a condition for the a mortgage ".

 

Was it a form N244 that you attached in post #58.

 

:-)

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 !:-)

Link to post
Share on other sites

Hi BB,

 

I'm afraid I still don't get the point you're making. You say, " ........ as I have paid the default amount to the CCA as a condition for the a mortgage."

 

Ok, the bit in red is probably a typo or grammar error.

 

But what point are you trying to make ??

 

As far as I'm aware, you have adverse credit markers and/or a DN for this BC a/c and you want the data removed to clean your CRA files so you can get a mgge. Reclaiming the penalty charges that BC charged on the a/c is an attempt to get the CRA data removed.

 

So I don't get what you're saying, that you've paid the default chgs to the bank ??

 

:-)

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 !:-)

Link to post
Share on other sites

Hi Slick,

 

Thanks for your response. The first statement was a typo. I have settled the default as a condition to get a mortgage approval. This wasn`t the case when I initially filed my POC and I would like to know how to reflect this change the POC.

 

The image posted is N244 I received from the solicitors and it contains some mis-statetements.

Link to post
Share on other sites

Ah, so was there an amount unpaid and owing on the BC a/c ?

 

Roughly how much.

 

How much are you reclaiming for penalties and interest roughly.

 

How was this "a condition to get a mortgage approved". Who suggested the condition and was this in writing.

 

:-)

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 !:-)

Link to post
Share on other sites

Hi BB,

 

Thanks for clarifying this.

 

IMHO there's no need to amend the PoC for this.

 

Previously, any balance owed on the a/c would be deducted from the settlement agreed with the sol'rs and you'd get a net refund after the set-off.

 

But now you'll get the full amount refunded and this can be addressed during settlement negotiations.

 

:-)

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 !:-)

Link to post
Share on other sites

  • 3 weeks later...

Hi BB,

 

The Defence says you failed to Serve on the bank your detailed POC so they're only able to respond to your Brief Particulars of Claim as per the N1 itself.

 

Did you send them full POC's separately, or with the original N1.

 

If separately, did you keep proof of postage and did you File the full POC to CCMCC Salford.

 

:-)

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 !:-)

Link to post
Share on other sites

  • 2 weeks later...

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 !:-)

Link to post
Share on other sites

  • 2 weeks later...
  • 1 month later...

Hi Slick/CAG Family,

 

Quick update on the case. Barclays rep have made an offer around 50% of the value of my claim plus a promise to remove default entry on file. I am quite particular about the latter. Any ideas or suggestions from the house welcome.

 

thanks

Link to post
Share on other sites

It depends whats most important to you, default removal or cash?

 

For me it would be default removal including any third party dca default removal, the cash for me is less important but of course its your choice.

 

Glad to see your getting somewhere with it tho, mine is at N1 stage atm

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...