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    • a 'witness' to it not arriving till the 15th is sadly immaterial too. regardless to the above anyway, the PCN remains valid. 
    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
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Barclaycard has sold my debt to MKDP with a wrong default date


dt100
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I will appreciate if the member of this forum could help me

in dealing with the wrong default date that Barclaycard has put on my credit files

and then sold the debt to MKDP who are also using the same default date.

 

Due to financial difficulties,

My last payment to Barclaycard was on December 2007.

 

After December 2007 I did not make any payment to Barclaycard nor did I make any contact with them to this date.

 

When i checked my credit report with Experian recently,

I noticed that Barclaycard had sold the debt to MKDP

and Barclaycard had put a Default Date as 27/06/2012

& Debt Assigned to CAIS Member MKDP on 1/10/2012.

Default balance XXX .

 

MKDP have used the same default date of 27/06/2012 on my credit files with Default balance same as Barclaycard XXX.

 

If the default date was right then this debt would have disappeared from my credit files

but since Barclaycard has put a wrong default date it will be on my file until 2018 unless they put a CCJ on me.

 

I want to get a mortgage with my partner but I can't because of this default on my credit files.

 

Please advise how I should deal with this matter.

 

Thank you for your help.

Edited by dt100
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Formal Complaint to Barclays

 

[email protected] - Barclaycard CEO

[email protected] - Barclaycard MD

 

[email protected] - Head Of Compliance - Note - You MUST complain to him... Failure to comply with registering the correct default date.

 

As the debt appears to be Stat Barred by your words...

Id also complain up the chain;

 

[email protected] - Compello CEO

[email protected] - FCA Contact (Also on [email protected])

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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dt100,

 

I am dealing with exactly the same thing with barclaycard, pls make sure you have all the correct info before complaining, if you dont, you need to SAR them first.

 

If you dont and you complain, you could be flying blind.

 

Do you have statements? They will show last activity on account, if not you must SAR before complaining, you dont want crucial parts of documents going "missing" if they cotton on why you want all the info in the first place

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Thank you all for your advise.

 

Martin, I am going to SAR first as I don't have the bank statements showing the last transactions.

 

I also want to send a request for CCA from MKDP.

 

Please advise if I should send a request for CCA from MKDP at the same time with SAR request or should I wait until I receive the documents from Barclaycard?

 

Thank you

 

Can anyone please advise me on my last post?

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Thread moved to debt collection forum.

 

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Thank you all for your advise.

 

Martin, I am going to SAR first as I don't have the bank statements showing the last transactions. I also want to send a request for CCA from MKDP. Please advise if I should send a request for CCA from MKDP at the same time with SAR request or should I wait until I receive the documents from Barclaycard?

 

I have just been nitified that my BC acc has been transferred to H2HP Ltd and Robbers Way will be collecting on their behalf so my CCA will be going to robbers way and SAR if i need to will go to BC.

 

The CCA has a 12 +2 day deadline to supply and the SAR has a 40 day deadline

Edited by slick132
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Sar to BC not Barclays?

 

Not sure of the point in sending mkdp a CCA?

 

The debt is sb'd

CCA or no CCA they can never win in court if they were stupid enough to issue a claim form

 

Save your arrows

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 dt,

 

You could also contact the CRA(s) confirming that you believe :-

 

1. They are carrying inaccurate information.

 

2. You are contacting the bank to sort this.

 

3. You want them to reflect this on your files until the matter is resolved.

 

:-)

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Barclaycard dt not Barclays

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Martin,

 

All my DD until December 2007 was going through Barclays current account. Barclaycard is showing on my credit files as defaulted on June 2012 and payment was received until end of 2011. I need to get all info from Barclays and Barclaycard. I thought Barclays will provide me information about all accounts I held with them if I SAR Barclays.

 

Hi Slick,

 

Thank you for your help. I will contact Experian and inform them about this.

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Notice of correction on a temporary basis would work wonders here...

 

What is a Notice of Correction?

Published 28/02/2014 09.07 AM | Updated 14/10/2015 06.24 AM

This is a statement of up to 200 words that explains any information on your credit report that isn't necessarily wrong, but you believe could give lenders a misleading impression. For example, you might want to explain a period of bad debt that was due to circumstances such as a relationship break-up, unemployment or ill health.

 

Please be aware that we can't add your notice of correction if it's incorrect, negatively affects someone else's reputation, frivolous or scandalous, or in any way unsuitable for publication. In these circumstances we'll send the text back for you to either rewrite or pass it to the Information Commissioner's Office for them to consider.

 

If you wish to submit a notice of correction please go to http://www.equifax.co.uk/ask

 

If you are not a registered user of the "Ask a Question" service, you'll need to create a new account. Just click on the "Sign Up" button and fill in your details. If you are a registered user you just need to log in.

 

Once you have logged in, go to the 'My Questions' page and select the option that says "I would like to add a note to my report."

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

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You can send the SAR to Barclays and they must supply all info for :-

 

Barclays Bank a/c's

 

Barclays Bank t/a Barclaycard a/c's

 

Barclays loan a/c's like Barclays Partner Finance.

 

:-)

We could do with some help from you

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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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Thank you slick for confirming to whom I should send the SAR.

 

Thank you for all the help I have received from the membesr of CAG. I am sending the SAR to Barclays and CCA to MKDP.

 

Once I get the information from Barclays. I will take necessary action. I will keep you all posted.

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As I said I can't see the point in an cca to mkdp

Serves no purpose the debt is sb'd

 

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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What court case?

Nothing to do with a default whatsoever

Stop posting rubbish

 

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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Thanks DX. I am sending SAR tomorrow by recorded delivery to Barclays.

 

It will take 40 days for the information to come back from Barclays. Meanwhile I am worried that MKDP might apply for CCJ against me.

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the debt is statute barred

ultimate defence should they be stupid enough to file:lol:

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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