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

[bradybunch]

Hi Slick. quick question please. do i have to send the POC to barclays directly? I indicated that on the online MCOL form.

[slick132]

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.

 

[slick132]

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.

 

[bradybunch]

Hi Slick,

 

apparently MCOL claims now go to Northampton and I am required to serve barclaycard a copy of the poc and also submit an N215.

 

This morning, i received a response from barclays external solicitors asking for the POC

[slick132]

Did you send the full Poc to CCmCC?

 

Send the PoC to Barclays asap anyway.

 

[bradybunch]

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.

[slick132]

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.

 

[bradybunch]

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

[slick132]

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.

 

[bradybunch]

Hi Slick,

 

1, I have repaid the default charges to the bank as I am applying for a mortgage: how do I change the POC to reflect this please?

2, Yes it is N244 from MAB representing barclays

 

 

Best Regards

[slick132]

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 ??

 

[bradybunch]

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.

[slick132]

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.

 

[bradybunch]

Hi Slick,

 

My mortgage broker did.

 

I am claiming about £1700 as at today as against a default balance of £492. When I filed the POC the £492 was outstanding with the DCA but I have cleared that now. is it possible to amend the POC to reflect this?

 

Thanks

BB

[slick132]

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.

 

[bradybunch]

Hi Slick/CAG family,

 

I have received the defendants defence and the DQ. I accepted the mediations and SMT. Any comments, ideas, suggestions welcome.

 

best

BB

[bradybunch]

Directions Questionaire

[slick132]

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.

 

[bradybunch]

I sent the full POC to Barclays and I also filed a copy with the CCMCC in Northampton and they confirmed receipt. I also have proof of postage. I used MCOL hence I did not have to deal with Salford. Their defence has quite a number of untruths.

[bradybunch]

Hi Slick/All,

 

Mediation has been fixed for 10th March. Ideas and suggestions welcome.

 

Best Regards

BB

[slick132]

See the end of Page 1 here - http://www.consumeractiongroup.co.uk/forum/showthread.php?450817-Reclaiming-BC-penalties-in-court***Successful-Outcome-Agreed***(2-Viewing)-nbsp

[bradybunch]

Hi Slick/ CAG family,

 

mediation happened on the 10th but we couldnt reach an agreement.

 

 

Barclays offered a third of the original claim and did not commit to expunge the adverse credit record on my credit file.

 

 

time to start wok on the court bundle.

[bradybunch]

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

[martin2006]

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

[bradybunch]

I am with you on that, however I am wondering if I should insert a time limit for the removal of the entry. Not sure if they are very good at keeping their promise on that front