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    • Should the amount be the figure in the particular or the final amount with fees added
    • The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1PAPDC. 2. The Claimant claims £xxxxxx is owed under a regulated consumer credit account under reference xxxxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. 3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. 5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice  pursuant to sec87(1) of the CCA1974; and (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for.  7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief Should the amount be the figure in the particulars or the final figure with the added fees
    • post it up here first for checking please dx  
    • use our default holding/no paperwork defence in 100's of threads here already Programmable Search Engine CSE.GOOGLE.COM clickme^^^
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Barclayloan DD cancelled by mistake - blacklisted!


TedMaul
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Hi,

 

First time post for me but after doing a bit of searching this place looks to be very useful so hopefully I can get some advice on my predicament...

 

Firstly, I'm not looking to blame Barclays as the problem is entirely my own doing BUT isn't helped but what I see is a failure of several Barclay's systems to provide useful information which would have helped my not make my mistake so my request is twofold. ...

 

I had two Barclayloans, one for oustanding amount A and one with an outstanding amount of B. The difference between the two outstanding amounts was £4K. One monthly payment was £230 and the other £380.

 

I took out a third loan to cover some credit card debt, pay of the lesser of the two loans and buy a car. All good so far.

 

After paying off the cards and buying the car I then went into my local Barclay's branch to pay off the lesser of the two loans, here's where it all goes wrong. Looking back at my 'workings out' to decide how much to borrow, what to pay etc I managed to get the outstanding loan values and their monthly values mixed up. Thus I thought the smaller of the loans (the one I intended to pay off) attracted the higher monthly payment. Here's the first 'issue' ... to the best of my knowledge nowhere on Barclay's site does it tell you what the monthly payment for a loan is. Even the Direct Debit statement entries for the loans have no information with regards to which loan they relate. And yes I know I should have referred to the original paperwork (no idea where that it is) for the loan and it doesn't in anyway exonerate my stupidity but I do think it would be useful if Barclays could show the loan monthly payment along with the outstanding amount on the main detail page.

 

So, in the local Barclays branch I instructed the very nice lady to pay off the smaller of the loans and to confirm it was the one with the £383 monthly payment. She again couldn't confirm this as (and I have the print out from the 'payoff quote' from the internal system) their internal systems also don't appear to show a monthly payment either, certainly not the print out I've got.

 

The smaller loan was paid off however but I also instructed her to cancel the £383 / month direct debit.....The reason for this was when paying off loans in the past I've been told to cancel the direct debit 'just in case'. This is where it gets serious.

 

Turns out that by her paying off the smaller loan, the £230 / month direct debit was automatically cancelled BUT by me instructing her to cancel the £383 one too, that was for a live loan (which didn't become apparent for a few weeks later)!!!

 

Again, there didn't appear to be anything stopping her from cancelling a direct debit for a live loan which seems a bit odd. She wasn't prompted with any warnings or anything, didn't question what I wanted to do ...nothing.

 

Nothing more was heard until I received a 'default loan payment' letter from Barclays a couple of weeks ago which alarmed me. I spoke to their team that night and was adamant that there had been a mistake and that £383 was for an old loan which I'd paid off.....clearly not! Big penny dropped.... Person on the end of the phone told me that £383 was for an ongoing loan so I paid it and set up a standing order for the £383 to cover the rest of the loan period.

 

All the credit reference agencies have now been told of my default and I'm blacklisted. Various conversations with people in Barclays have told me that it's a one way thing and they can't remove the blacklisting, even though its down to my own stupidity in cancelling the wrong direct debit and not the fact I ran out of money!

 

Not a huge issue as I won't be applying for credit for a bit BUT and this is the important question.... is there anyway I can let the credit agencies (and which ones should I contact?) to let them know of my mistake and to prove that it's a stupid error on my part and not a financial issue, or is a default a default, there are no 'types' of default? As proof it was an error on my part I have the letter from Barclays confirming the £383 payment had been stopped

 

Secondly is there any 'proper' email address for Barclays that I can send this tale to to highlight shortcomings in their systems? Appreciate this is a fruitless exercise but even if the loan account had the monthly payment shown online I wouldn't be here. Let alone their internal systems not showing it and the ability to cancel a direct debit for a Barclayloan with no warnings.

 

Really appreciate any help (apart from checking my facts and figures in future, definitely learned that one!) anyone can offer on this.

 

Thanks :)

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Firstly there is no " blacklisting" this just isnt the case and secondly it doesnt sound like you have a default at all. There may be reference to a late oayment marker but that is NOT a default.

I am assuming this was all picked up and corrected and dealt with in a matter if weeks?

If it were a default, you should have received a "default notice" which should have clear instructions on how to effect a remedy. In any case you would have had arrears notices, notices of dd cancellation etc long before any default was registered.

Barclays are also notoriously slow at registering defaults so i highly doubt thats what happened.

Maybe a complaint to Barclays is in order that the staff member attributed the payment to the wrong loan and cancelled the wrong direct debit but thats about all

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Hi TM and welcome to CAG

 

The bank staff should have noticed and warned you that the wrong DD was being cancelled.

 

I'd write to the bank briefly confirming the events and ask that they acknowledge this was an error both on your part, and theirs.

 

Ask that they ensure the correct DD is in place and that any adverse CRA markers are removed. Ask that this is sorted within 14 days and confirm you want their reply in writing, not by phone at all.

 

You need to check on your CRA files now, and over the next few months.

 

If the bank branch does not take care of this within 14 days, escalate the complaint to their London HQ.

 

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