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    • I have had a secondary thought.  I borrowed £s from a completely separate entity 6y ago. It was personal and unsecured. I was going to repay upon sale of the property. But then repo and I couldn't.  Eventually they applied and got a charging order on the property.  Their lawyers wrote that if I didn't repay they may apply for an order for sale.  I'm not in control of the sale.  The lender won't agree to an order for sale.  The judge won't expedite it/ extract from trial.  Someone here on cag may or may not suggest I can apply for an order v the receiver?  But could I alternatively ask this separate entity with a c.o to carry out their threat and actually make an application to court for an order for sale v the receiver instead?
    • You left the PCN number showing, but no worries, I've redacted it. Euro Car parks are very well known to us.  I've just skimmed through the titles of the latest 100 cases we have with them (I gave up after 100) and, despite all their bluster and threats, in not one have they taken the Cagger to court. You stayed there for 2 hours &:45 minutes.  I'm guessing the limit is 2 hours and 30 minutes, right?  
    • If the claimant fails to draft directions the court can order a Case Management Hearing to set them but normally in Fast Track claims the claimant sets the directions...Unlike small claims track which are always set the court.
    • Not Evris offer, the court offers mediation service.   All claims proceed to hearing if mediation fails /not happen.   Why do you not wish to attend in person to stand your claim ?     Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation.   https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007   Andy  
    • LPA.  (I'm fighting insolvency due to all the stuff that he and lender have done).  He appointed estate agents - (changed several times). Disclosure shows he was originally appointed for a specific reason (3m after repo) : using his powers as acting for leaseholder to serve notice on freeholders (to grab fh).  There was interest from 3 potential buyers. He chose one whose offer depended on a positive result of the notice.  Disc also shows he'd taken counsel advice - which was 'he'd fail'.  He'd simultaneously asked to resign as his job (of serving notice) was done and he'd found a buyer.  Lender asked him to stay on to assign notice to the buyer.  Notice failed, buyer didn't buy.  So receiver stayed.  There was 1 buyer who wanted to proceed w/o fh but receiver/ lender wasted 1y trying to get rid of them!  Disc shows why. But I didn't know why at the time. In later months Lender voiced getting rid of receiver. Various reasons - including cost.  But there's a contradiction/ irony: as I've seen an email (of 4y ago) which shows the receiver telling lender not to incur significant costs and to minimize receiver costs.    Yet lender then asked him to serve another notice - again counsel advice indicated 'he'd fail'.  And he did fail.  But wasted 3y trying and incurred huge legal costs - lender trying to pass on to me. Lender interfered - said wanted to do works.  Receiver should have said no.  But disc. shows he agreed to step aside to let them do the works - on proviso lender would discuss potential costs first (they didn't), works wouldn't take long (took 15m), and lender would hold interest (they didn't) (this last point is crucial for me now - as I need to know if I can argue that all interest beyond this point shouldnt be allowed?)   I need to check receiver witness statement in litigation with freeholders to see exactly what he said about 'his position'. But I remember it being along the lines of - 'if the works increased the value of the property he didn't have a problem'.  Lender/ receiver real problems started at this point. The cost of works and 4y passage of time has meant there is no real increase in value. Lender (or receiver) didn't get any permissions (statutory or fh) (and didn't tell me) and just bulldozed the property to an empty shell.  The freeholders served notice on me as leaseholder for breach of covenants (strict no alterations).  The Lender stepped in (acting for me) to issue notice for relief of forfeiture - not the receiver.  That wasted 2y of litigation (3y if inc the works) and incurred huge costs (both sides).  Lender's aim was to do the works that every potential buyer balked at due to the lease restrictions.  Lender and receiver knew couldn't do works w/o fh permission. Lender did them anyway; receiver allowed.  Receiver remained appointed.  I'm arguing lender interfered in receiver duties.  Receiver should have just sold property 4-5y ago w/o allowing any works.  Almost 3y since works finished the property remains unsold (>5y from repo). The property looks brand new - but it was great before.  The lender spent a ton of money - hoping that would facilitate a quick sale.  But the money they spent and the years they have wasted has meant they had to increase sale price.  It's now completely overpriced.  And - of course - the same issues that put buyers off (before works) still exist.   The receiver has tried for 2y to assert the works increased value. But he is relying on agents estimates - which have proved highly speculative. (Usual trick of an agent to give a high value to get the business - and then tell seller to reduce when no-one buys.). And of course lender continues to accrue interest (despite 4y ago receiver saying pause interest). Lender tried to persuade receiver to use specific agent. Disc shows this agent was best friends with the lender's main investor in the property.  Before works this agent had valued it low.  After works this agent suggested a value 70% higher!  The lender persuaded receiver to sack one agent and instead use this agent.  No offers. (Price way too high).   Research has uncovered that this main investor has since died.  I guess his investment is part of probate? And his family want it back?    Disc shows the sacked agent had actually received a high offer 1y ago.  Receiver rejected it.  (thus I don't know if the buyer would have ever proceeded). He was relying on the high speculative valuation the agents had given him to pitch for the business. The agents were in a catch-22.  The receiver sacked them. Disc shows there has been 0 interest ever since (inc via new agent requested by lender). I don't think lender or receiver want all this to come out in public domain via a trial.  It will ruin their reputations. If I can't get an order for sale with lender - can I apply separately against receiver?
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link and 'sky' BC debt


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there were online sign ups at that time

which would not obv get your sig

rather a tickbox.

a recon, showing such details might be ok to comply with the CCA

 

but if that would be considered good enough to be able to enforce a court claim pers I doubt it.

 

type sky credit card in the search cag box of our red toolbar.

 

see what others foundout/got on.

 

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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The Skycard/Barclaycard was taken out in Sept 2005.

 

CCA request was sent to Link Financial 04.02.16.

 

Response from Link Financial included paperwork from Barclaycard, showing original T&C's for Sky Card.

The first page had a large printed box which states Your Right to Cancel,

Once you have signed this agreement you will have a short time in which you can cancel it.

We will send you you exact details of how and when you can do this.

 

 

The next page is the start of T&C's with my name and old address on top.

Not sure if this is relevant, there are dates on the top left hand corner of pages:

BCD_ **********.qxd 5/9/05 page 1.:

BCD_ **********.qxd 6/9/05 page 2. ( 4 pages in total )

 

Also included was Recon T&C's from Barclaycard with my name and current address on top of first page.

Again dates on top of 2 pages:

BCD_ **********_ **** 14/10/2010 Page 1

BCD_ **********_ **** 05/10/2010 Page 2. ( 3 pages in total ) not sure if this is relevant or just part of internal admin system.

 

There are no tick boxes, signatures, on either set of documents.

 

On my credit file the only reference to this is Link Financial showing outstanding balance.

 

SAR request was sent to BC Northampton FAO Data Compliance Manager 04.02.2016.

It was received and signed for on 08.02.2016 by Les ( don't these people have surnames?? ).

 

Finally my apologies to dx. for being such a dumbo yesterday, was having a bad day!

 

Again many thanks for all your comments.

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if you wish scan the stuff up

follow the upload

 

 

pop it ALL scans into a word doc after scanning each page as a picture

then redacting it

 

 

then file save as .pdf and attach..use the guide

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

I changed my DD to a Standing order with Link Financial, just received a letter from them showing my last monthly payment, also the next payment date and the amount due. I am a bit confused as the monthly amount has now reduced by £1.00, do DCA's usually act in this way ??.

 

Still waiting for a response from BC on my SAR request concerning details for this agreement.

 

Thanks in advance for any comments

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BC have 40 calender days in which to supply all the info surrounding your SAR request.

 

As for them dropping the amount?? Who knows what goes through their tiny minds, just pay what YOU can afford, NOT what they tell you to.

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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  • 2 weeks later...
BC have 40 calender days in which to supply all the info surrounding your SAR request.

 

As for them dropping the amount?? Who knows what goes through their tiny minds, just pay what YOU can afford, NOT what they tell you to.

 

As for editing difficulties, not really a techno dude, but all I did, was saved the scans to my desktop, then opened them up in MS Paint, and editied them in their and saved them again back to my desk top.

 

There's bound to be a YT video on it??

 

Hello

 

No reply from Barclay Card on SAR request, 40 calender days are up (it was signed for on 08/02) what happens now ??

 

Any comments appreciated

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Send a letter recorded delivery include a copy of your orginal request.

 

Title LETTER BEFORE ACTION

 

Tell them that the time has now expired and unless you receive what is asked for in the next 7 days from receipt of this letter you will make a formal complain to the ICO Also state you consider this a FORMAL complaint

 

Send recorded delivery

 

Keep proof of postage and receipt.

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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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Hello all,

 

I have received a response from Barclay Card for my SAR request.

 

Included were a copy of the first page only, for the CCA with my signature dated 10/09/05.

 

Also included were screen prints of Copy Statements, start date 06 Nov 2009 showing Closing balance, late payment charges and interest on standard balance. These are dated from Nov 2009 to Feb 2015.

 

There was also a screen dump for account holder details.

 

The front letter from Barclays says we have enclosed copies of information held by Barclaycard.

 

There is no information from the date the CCA was signed, 09/05 until 06/09.

 

Originally taken out with Skycard who I understand were owned by Barclaycard.

 

A couple of questions, if anyone would be kind enough to comment.

 

Does just the first page of the CCA cover Barclaycards obligations for SAR request?

 

Where and how do I get information for details on this account from 2005 to 2009.

 

I am not sure if PPI was applied to the agreement and the information supplied does not tell me.

 

Again any comments would be appreciated.

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no harm in ringing them and asking where the early statements are.

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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no harm in ringing them and asking where the early statements are.

 

Rang Barclaycard who told me they were only legally obliged to hold the last six years information for statements, and they held no further information on me. They said they were unable to supply any further information concerning this account. Is this correct ??, if so looks like I've hit a brick wall.

 

Again any comments are appreciated

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No harm in reminding them by phone that they're obliged to supply ALL data that they hold about you, not just data for the last 6 years.

 

You can mention that you're aware that they hold data for longer than 6 years and, if they fail to supply it, you'll lodge a complaint with the ICO and/or take court action to force compliance.

 

If necessary, you can follow this up in writing.

 

:-)

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  • 1 month later...

Been a while, but Barclaycard finally gave me all the information on the account.

 

There was no PPI applied to the agreement ( albeit only shown on a printout as N = No against insurance )

 

Without hard copy of actual monthly statements with full breakdown, I guess I will have to accept this.

 

Will tell the DCA (Link Financial) what I can afford to pay them and take it from there.

 

Thanks to all of you who offered comments on this issue, it was much appreciat

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no penalty charges?

£12 for this or that?

 

 

late over letter etc.

 

 

seems strange for BC sell a +£3k debt .

 

 

remember mind

don't ever phone a fleecing DCA

 

 

 

 

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,

 

Got your original message on telephone calls / DCA loud and clear the first time thanks, hasn't stopped them sending me I&E review letters though!!

 

Yes there are £12.00 charges for late payments etc... not sure how much, have not checked (have been totally wiped out with the MS... not an excuse just the way it is). Charges stopped and interest was frozen when I agreed repayment plan with Barclaycard.

 

Excuse my ignorance, is it possible I can claim these back?? as previously stated am not exactly up to speed on finance / legalities.

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yes sure you can

have a look in the Barclaycard successes forum.

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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