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    • Just posted up the POC. Will get on with CCA and CPR tomorrow.   Is there a danger that if he attempts to call BC he could take it out of staute barred?  I will have to contact him Spain so need to advise him what not to say.
    • Here are the Particulars of Claim     Name of the Claimant ? Hoist Finance UK Holdings Limited     30th January 2020 Date of issue 30/01/2020 + 19 days ( 5 day for service + 14 days to acknowledge) = 17/02/2020 + 14 days to submit defence = 02/03/2020 (33 days in total) -   Particulars of Claim   The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03 The defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd(Ex Barclaycard) Written notice of the assignment has been given. The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £7939. + £410.00 Court fee + 100.00 legal costs Total amount £8449.00   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure   Did you inform the claimant of your change of address?Not sure Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card.   When did you enter into the original agreement before or after April 2007 ?  After April 2007 actually August 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Claim issued by Hoist, so assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? Costly divorce and failed small business   What was the date of your last payment? Over 6 yeras ago I believe   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Spoke to them many years ago          
    • DX ,thanks for spacing post BankFodder,  sorry, point taken,   FS
    • defence due by 4pm Monday 2nd   has he...   .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]   get him to ring BC ask last payment date tomorrow.    
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Hello Guys

 

Long post incoming, but I’m really hoping someone can find the time to help me out with this situation, any advice is much appreciated. :-)

Background and History to Date

  • July 2008: 2x Accounts Opened with Barclays Bank (1x Joint Account and 1x Personal)
  • Between 2008 and 2010: £200 was drawn on the Personal account using the 0% overdraft facility
  • 2011: In a branch, both signatories of the Joint Bank Account asked for it to be closed and all associated accounts also closed and provided new contact details
  • August 2013: Charges started to be added to the Personal Account
  • January 2015: Termination notice served to my old address
  • May 2015: Default added to my Credit File for £359 (default date listed as January when the Termination notice was sent)

 

To my gross misfortune, I spotted the anomaly on my credit report a mere week after they had sent the default information to the credit reference agencies.

 

I paid the full amount in full within 2 days, after first trying to negotiate removal of the default mark.

 

Barclay’s claim that they were never given my new address and therefore they did everything in their power to get in touch with me, including phoning me, again on an old number. I have no proof that I provided their adviser with my new address.

 

Correspondence to Date

I sent the below letter.

 

Date: 02/01/2016

 

SENT BY RECORDED DELIVERY

 

Dear Sir or Madam

 

Account Number: xxxxxxxxxxxxxxxxxxxx

 

After recently obtaining a copy of my credit file from Call Credit I was concerned to note that your company has placed a "Default" notice against an account in my name.

 

I feel that this default entry was added unlawfully and without merit. Doing so has put you liable to a breach of the Consumers Credit Act 1974, in particular s.87(1) of said Act; Section 87(1) of the 1974 Act allows the creditor to send a default notice giving fourteen days from the date it is received to pay the arrears. The default notice must contain all of the necessary information under the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 ('the 1983 Regulations') which includes;

 

1. a statement saying the notice is a default notice served under section 87(1)

2. of the CCA1974

3. a description of the agreement

4. the name and address of both the debtor and the creditor

5. details of the breach (i.e. late payment) and, if the breach can be remedied, the date by which it must be remedied or, if the breach is not capable of remedy, the amount required to be paid after the expiry of the specified date;

 

As is clearly evident from all previous communication between us regards to this account, I never received any such notice and as a result I contest the accuracy of the default and until such time you can provide proof that you complied with the above Act, you must remove all derogatory data from the files of any credit reference agency.

 

I am more than happy to issue you a Subject Access Request which should include a copy of the documents I request, which I am hopeful will include a copy of said termination and default notices which, if they are missing, will leave me no alternative but to seek legal enforcement via CPR31.16. Without sight of said default notices, I cannot argue their authenticity, enforceability or execution and therefore will use this as my claim if I am forced into taking legal action, all costs will also be claimed.

 

It would, however, be in both our interests if you simply agree to remove the defaults, being there are so many inconsistencies with the alleged default notice, the execution, the enforceability and the legal compliance that you must surely have no other alternative but to remove it, least of all as a gesture of goodwill?

 

As I was never in receipt of any of the statutory documents (Notice of Termination of Contract; Notice of Assignment or Default Notices) then the actual default notices that are shown on my credit file are unlawful and should be immediately removed. I do not want to take this through the courts but I will enforce removal by judgement if necessary, at the end of the day you have acted unlawfully by not issuing fully compliant and correctly executed legal documents.

 

I must insist that the following requests be carried out;

 

a) The Default Notice will be removed

b) The Status of the account will change from “Defaulted” to “Settled”

c) The Current Balance will appear as £0.00

d) The Default / Delinquent Balance will be set to £0.00

e) There will be no date in the “Defaulted Date” field (as it will be removed)

f) There will be no date in the “Date Last Delinquent” field on the report

g) This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call

Credit.

 

I am requesting a signed true and certified copy of the original default notices under the Consumer Protection From Unfair Trading Regulations (CPUTR) 2008, The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983, The Consumer Credit (Enforcement, Default and Termination Notices) Amendment Regulations 2006 and also The Consumer Credit Act 1974 (c.39) – s.87 & s.88 Guidance, and The Consumer Credit Act 2006 (Amendments).

 

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

 

Yours faithfully

XXXXXXXXXX XXXXXXXX

 

 

Barclays responded as follows

  • they sent regular letter to my home address and that as they didn’t receive a response to the termination letter, they were left with no choice but to place the default notice on my credit file
  • enclosed a “copy” of the termination notice that was sent to me
  • advised that as the default notice is factually correct they are unable to remove it
  • advised I have six months from the date of their letter to escalate to the ombudsman, if I escalate any later they will not give permission for the ombudsmen to access my data

 

Questions

  • What are the difference between a Termination Notice and a Default Notice?
  • Are they legally obliged to serve a Default Notice?
  • The Termination Notice they sent does not include a reference to section 87(1), does it have to?
  • Is it reasonable to argue that they should have tried to contact me by email or by writing to me at many of the up-to-date addresses listed on my credit file?
  • Should I demand a copy of the original signed agreement? Would this help net me anything?
  • Is it worth submitting a SAR for the Joint account to see if they ever updated the address on that account or have a record of me visiting the branch to tell them my new address?
  • Do I only have 6 months from Barclay's letter or can I send them a few more letters and have time for them to respond before escalating to the ombudsman?

 

Next Steps....

I was going to try the below next steps, are these a good use of time – any suggestions or builds?

 

  1. Is it worth submitting a SAR for the Joint account to see if they ever updated the address on that account or have a record of me visiting the branch to tell them my new address?
  2. Ask for a default notice, not a termination notice – demand the default be removed if this was not sent.
  3. Demand a copy of the original, signed agreement.
  4. Is there any route or argument that since the last transaction was before 2010, the default notice should apply from then and not 2015, when they decided to “cash in” so to speak?
  5. Panic and cry.

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