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Hoist/? claimform - old Barclaycard 'debt'***Claim Discontinued***

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already pointed out the issues

 

 

dx


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The issues listed where written before i posted a copy of what they sent me so maybe some of them maybe not be correct now and as previously mentioned that confused the hell out of me hence why andy said best thing was to scan a copy of what they sent ....physically seeing what was sent might change some of the issues

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haha as we guessed

std 620000 rubbish they roll out for every claim.

 

and for a 2010 agreement your was years before?

 

 

your agreement was signed in 2002

that lot is from 2010

bogroll


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oh thankyou

i didnt know that would even make a difference

 

i thought they would just say that it was a varied agreement and terms change over time or some other **** paper as you put it :)

 

so being really stupid now

when this finally goes to court do i rely solely on that ..

 

. i like to be prepard in my thinking and this is seriously out my comfort zone and i only owe the two debts but either will cripple me if found against me

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and anyway you've not had notice of allocation from the court yet....so

that bogroll just willy waving

 

 

wait and see

doesn't mean its going anyway still a speculative claim


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Best to upload it Joe..makes life easy.


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ty dx still waiting on the mediation ppl to contact me when they do do i still tell them i havent received the documents i asked for as cohen are doing what i assume is there usual thing of ignoring requests and the cca agreement isnt valid

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Hi Joe,

 

Please post the doc here as Andy suggests.

 

Re Mediation, the mediator will ONLY be interested in seeing if the 2 parties are willing and able to compromise and agree a settlement acceptable to both. The Mediator will not be interested in what you have or haven't received.

 

The mediator will want to know what you're prepared to offer to settle the claim, and if the Claimant is willing to accept that amount in settlement. If you're NOT prepared to offer anything because you think the Claimant's claim is weak, just confirm you're unwilling to make any offer.

 

That will stop the mediation process but will NOT affect the validity of the claim or your defence. The process will move on to be dealt with by your local County Court.

 

:-)


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guys the CCA return is in post 247 if that's what you keep asking for?


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hi as stated by dx100uk i already uploaded the pdf file with all i received via the cca request if i am meant to upload something else please let me know so i can do that ...

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In the cover letter attached to the reconstituted version of the agreement...they claim that your recon agreement as varied in accordance with section 82 (1) of The CCA 1974.

 

Have a read of that section....

 

http://www.legislation.gov.uk/ukpga/1974/39/section/82


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andy to my shame i aint that smart

i read it and then read it again and still none the wiser the more times i have read it the stupider i feel ..

 

.why legal talk has to be designed that it confuses the be jesus out of most ppl .

 

..unless you was aiming for the section where a modifying agreement overrides a earlier one

so even though this one is dated 2010 it over rides the original one i had.

 

.. thats as far as my poor brain would take me

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Close ...but yes...if the agreement has been varied then a recon wont wash......as it wont anyway as this is a pre 2007 agreement.

 

Just a further argument thats all.


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well i guess i just wait now till a court date or what ever happens next happens once i get info will come back here ...cause as it stands lol if i went before a judge and he asked a question i would be like eh...

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I had a call from the mediation people today as i missed a email they sent me out on the 19th went to spam..

 

its for a mediation call for the 12th june .

. do i just agree to this?

 

as the question its asks in the email and if you say no to any of them then it says mediation is not for me..

 

. i ask to what purpose the mediation serves as i cant pay or offer a compromise to whats owed .

 

unless they're willing to take a massive discount on the original debt not the inflated amount they now want i couldnt even consider it

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post 258 refers...

 

if you've not receive all the required paperwork

they will ask the same questions as in their email.

 

you say no you haven't

mediation will fails.


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received my parcel today for the SAR request now thats a mountain of paper work..

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any advice on my plan of action?

 

i have the sars but what am i looking for in it .

..mediation is on monday morning

 

from what i have read the argeement needs to be accurate as the agreement was when the card was taken on on its terms and conditions?

 

i have statements from the SAR that show my interest rate was only 1.0xxx percent per month at the time but the agreement i believe shows a much higher rate

 

would this and the face parts of it are not readable justify it failing as a true copy of the agreement?

 

it not being signed doesnt seem to matter nowadays if that is the sole defence

 

my continued thanx on any help given

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If you havent sent an SAR request yet it maybe worth looking into as well, takes 40days allegedly and costs £10. Barclaycard are not the best to deal with as you apply online and all the call centres are in India and no one seems to know what youre talking about when you chase it up.

 

so any advice on my plan of action? i have the sars but what am i looking for in it ...mediation is on monday morning from what i have read the argeement needs to be accurate as the agreement was when the card was taken on on its terms and conditions? i have statements from the SAR that show my interest rate was only 1.0xxx percent per month at the time but the agreement i believe shows a much higher rate would this and the face parts of it are not readable justify it failing as a true copy of the agreement? it not being signed doesnt seem to matter nowadays if that is the sole defense

 

my continued thanx on any help given

 

Perhaps mpmmpmpmp could advise as he advised you to do a SAR...

 

I would simpy follow the Court Directions as per the Notice of Allocation...nothing in the SAR can help you.

 

Andy

 

Andy


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thats disappointing

i was hoping when it finally goes to court and they do their witness statement thing and tell the court the agreement they're using is accurate

- that when i say it isnt cause the rates are different here is a old statement showing a different rate

- and the fact you cant read all of the agreement

( thought there was a part that says a CCA has to be basically readable by the debtor to be valid in its terms and conditions)

 

 

- the court would throw the agreement out I

- s alot of conflicting information on the web over agreements and trying to pick fact from fiction so i can try and make a defence or all this has just been a waste of time if the inevitable is going to happen anyway...

 

have a couple questions from what i think i understand

defaults ccj all fall off your credit file after 6 years regardless if there paid or not?

 

 

i am not bothered about the debt

but i wanted to clean up my credit file so my credit rating would improve

and it was till the only two debts i am in default with showed up..

 

 

if i was paying them even a token payment would that still show up if i was still paying after 5 years or does that drop off too and i just carry on paying it?

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Well you should be able to see that the recon is invalid just from looking at it....a reconstituted version would be pristine .if you cant read it then there is another fault.

 

Illegibility of agreements is covered by the CCA1974 sec61 not the creditors terms and conditions.

 

http://www.legislation.gov.uk/ukpga/1974/39/section/61

 

If the Interest rates and T&Cs are not connected to the alleged agreement that is covered by section 77/78 of the CCA1974.

 

Why would you consider it all a waste of time to try to defend a claim ? If not defended they would have a judgment by now without any say/challenge from yourself...you have yet to get to directions and disclosure /witness statement stage.....how do you know they will comply ? How do you know they will not discontinue ?

 

With regards to your questions in the event that they do attain a judgment...yes a CCJ will only show for 6 years..paid unpaid partially paid partially settled.

 

Andy


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I never received any documents after my SAR so Im not sure what it contains.

 

I was hoping to find a discrepancy between my original agreement and the reconstituted agreement which would show it wasnt a true copy of the original agreement as it must be.

 

Don't think it really matters as s78 requests are only valid on live agreements(something I wasnt aware of at the time).

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Don't think it really matters as s78 requests are only valid on live agreements(something I wasnt aware of at the time).

 

 

Probably because its nonsense :wink:


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I wish the Judge I encountered thought the same

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Well you should be able to see that the recon is invalid just from looking at it....a reconstituted version would be pristine .if you cant read it then there is another fault.

 

Illegibility of agreements is covered by the CCA1974 sec61 not the creditors terms and conditions.

 

http://www.legislation.gov.uk/ukpga/1974/39/section/61

 

If the Interest rates and T&Cs are not connected to the alleged agreement that is covered by section 77/78 of the CCA1974.

 

Why would you consider it all a waste of time to try to defend a claim ? If not defended they would have a judgment by now without any say/challenge from yourself...you have yet to get to directions and disclosure /witness statement stage.....how do you know they will comply ? How do you know they will not discontinue ?

 

With regards to your questions in the event that they do attain a judgment...yes a CCJ will only show for 6 years..paid unpaid partially paid partially settled.

 

Andy

 

 

I have no idea whats connected to what as regards to the agreement

most of this is second nature to most of you .

.what you might see as very obvious isnt to me.

 

i have no idea how things move along as regards to the time line of being summonded to when a judgement is made .

 

 

.and i am trying to work out what my defence my chances of winning hinges on .

.the more i have sat and thought the original agreement would of been one of them generic postal applications you signed and waited to see if you got sent a card.

 

 

.as for a waste of time i meant unless i have a defence that i can get my teeth into with a chance of winning and not just grasping at straws hoping i get a decent judge when the time comes .

.i am hoping they dont turn up lol but how often does that happen if its being defended?

 

i did hope the SAR would list what the debt was sold for at least then i would have a bargaining tool if i was to offer a settlement

 

 

..if i have a decent chance of winning then i would be stupid to try and settle

but if i am flogging a dead horse trying to get the best deal without a judgement against me would be the best scenero as this debt falls off my credit file in november

 

 

a ccj would leave it there for anoher 6 years .

.. i am just looking at all angles and outcomes trying to work out the best one for me

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