Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked   goto the defence filing section  file the following:     1 The Claimant's claim was issued on (insert date).  2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.  . If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. .  3 The Claimant's claim to be entitled to payment of £[insert figure from their POC]  or any other sum, or relief of any kind is denied. .. ..ends..   dx          
    • I passed on the article and link to friend. Between us we will now try get the required info to the correct location so that they (whoever in the Govt) can sort out what he is owed. I will keep you updated.  This thread may help others in similar situations. Ethel Street - very helpful research.  Thank you.  Seems like you came up trumps!
    • numerous erudio/drydens claimform threads here already - use our search top right.   your appears to be statute barred as you've never heard of erudio so would not have deferred since your last direct deferment to SLC in 2013    if you wish to bother to even send CCA/CPR that's upto you but the bottom line is to erudio you've ignored everything to date yoy might also ignore a claimform.   but ofcourse you are not!!   if the above is true   pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked   goto the defence filing section  file the following: 1 The Claimant's claim was issued on (insert date).  2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.  . If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. .  3 The Claimant's claim to be entitled to payment of £[insert figure from their POC]  or any other sum, or relief of any kind is denied. .. ..ends..   dx      
    • Well I would want my £50 back also but hey ho if your satisfied its been resolved.....there was no way you could ever be liable anyway as your contract was with TC not RC.   Thread title updated.   Andy
    • Have you not already served a CPR 31.14 ?   You dont request the agreement by way of a CPR 31.14 you use a CCA (section 78) request which you have already done and they have not complied.Therefore they remain in default of your request and unable to enforce the agreement.   Screen shots of the application/sign up are not compliant with a Section 78 request.
  • Our picks

joebloggs72

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

style="text-align:center;"> Please note that this topic has not had any new posts for the last 814 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Then just CCA them & see what they have.

 

Depending on how they respond, you'll take it from there.

 

As for the other 2 Barclaycard accounts, you could CCA Barclaycard directly.

Share this post


Link to post
Share on other sites
It would appear they don't even know what type of account this was. A credit card and a Storecard are completely different.

 

Perhaps a SAR would be a good idea, to help clarify exactly what has been going on. But you can still CCA them.

 

 

its the cra system.

mine on equifax say store/credit, when i know before it said MBNA credit card

 

dx


..

Share this post


Link to post
Share on other sites

well its been a couple months i sent off the cca request i was late in doing so due to my wife having our daughter but today i recieved another letter from lowell ..

 

stating the following.. WE ARE Waiting for your credit agreement.. i am afriad we have not recieved a copy of your credit agreement from barclaycard yet. they are still trying to retrive it from their archives.we have placed your account on hold until we recieve further information.

 

we will be in touch when we have recieved it from them .

 

we wont write to you again until we have the agreement

Share this post


Link to post
Share on other sites

Congratulations on the birth of your daughter!:cheer2:

 

Standard template letter from lowlifes. Wait for their next installment.


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!

 

 

Share this post


Link to post
Share on other sites

If barclaycard had it they would have sent it.

 

What will probably happen is Lowell will realise the account is unenforceable and sell it on to someone else.

 

Debbie

Share this post


Link to post
Share on other sites

I'm starting to see a far more aggresive approach

from Lowell, they have hardly bothered with recons

in the past now they are cropping up more and more,

also Lowell are issuing an increasing number of SD and

following through on them, and they don't seem to be

off loading so many lemons.

 

My guess is the ''Guidance note'' on the sale of SB debt without

notifying the purchaser of the status of the debt is I think making

a slow but sure inroad on the lemon debts and will result in increased

''late'' litigation''.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Share this post


Link to post
Share on other sites

out of curiousty what are my options here

 

when i first sent the request in i had a letter saying they would contact b-card

and once i had recieved my agreement they expected full payment at once

 

then a week or so later i get the one i posted saying they havent been able to retrieve it yet .

.if they sell it on do i repeat this all over again and again

even if they find the agreement wont do em much good

i have 0 income i am not claiming benefits and i am not working ..

Share this post


Link to post
Share on other sites

next time i would ignore

 

dx


..

Share this post


Link to post
Share on other sites

well today i had a letter from lowell it stated the following

 

your credit agreement

 

we refer to your recent request for a copy of the original credit agreement for this accout.

after liasing with barclaycard in an effort to obtain this document we have bee informed that it is no longer available due to the length of the time since the account was opened with you.

 

WE ARE CLOSING YOUR ACCOUNT

at this time we have closed our file and will not make any further contact with you concerning payment against this account unless the copy of the agreement is recieved at some point in the furture from barclaycard

Share this post


Link to post
Share on other sites

Keep the letter somewhere safe. Lets hope they keep their word and stay away.


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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

Yes keep copies of that also. Wait for them to produce a recon at a later date.


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!

 

 

Share this post


Link to post
Share on other sites

hi all had a letter today as you can tell its been a while well over 6 months since i last heard from lowell but i had a letter from barclaycard today stating the following..

 

i refer to your request for information

the in formation we must provide to you under the terms of section 78 of the consumer credit regulations 1983.etc etc

 

i enclose a reconstituted copy of the terms of your credit agreement as varied in accordance with section 82(1) of the act.

this is a statement of the terms made since you enterted into the this agreement.however the interest rates,fees and charges set out in the agreement, may differ from thoses we have discussed with you, due to the current status of your account.

 

the current credit limit today is £0

the current balance is £3.679.62

 

due to the current status of your account the full outstanding balance is now due

 

we are currently unable to provide a copy of the credit agreement you entered into .we accept that we are therfore prevented from enforcing our agreement with you while this state of affairs continues.

 

Notwithstanding that we cannot currently enforce the agreement,our rights continue to exist under the agreement. you should therefore continue to pay the debt that has accured on your account.we can and will continue to take any action short of enforcement .which includes reporting to credit reference agencies without also telling them that the agreement is unforceable, demanding payment from you,issuing a default notice to you and instructing a thrid party to demand payment or otherwise seek to procure payment.

we refer you to the case of philip McGuffick v the royal bank of scotland{2009} EWHC 2386 in which it was held that none of theses steps constituted enforcement for this purpose

 

please note that the decision in carey v hsbc[2009] ewhc 3417Qb makes it clear that a unfair relationship cannot be said to have arisen between us as a result of the fact that we can not currently complied with section 78 of the act to the extent that you seek to allege that a unfair relationship has a arisen, such allegations will be opposed.

 

this completes our obligations under the section 78 of the act

Share this post


Link to post
Share on other sites

dont panic if you also get hamilton legal bugging you too - lowell and red and hamilton are all same cretins - probs off the same printer too :)

 

 

see sig for all CRAs - worth checking all


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

Share this post


Link to post
Share on other sites

all the legal stuff confused me if the debt is unforcable does that mean there just blowing hot air..if so if i start getting them bloody annoying consatnt calls what do i do about them isnt it considered harrasment? also i am guessing they will continue to tell experian etc that i owe the debt even though they cant prove i do and know it is that even legal? can i get it removed by telling any credit agencys the debt is unforcable ?

Share this post


Link to post
Share on other sites

Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

Share this post


Link to post
Share on other sites

no you cant get it removed

 

they can still report

 

#but there is stuff all they can do to you otherwise.

 

did you send an sar to BC?

 

dx


..

Share this post


Link to post
Share on other sites

i never sent any request of any kind to barclay card i sent for proof of a credit agreement to lowell as per this thread a while back and that is all i requested seeing lowell said they would not bother me again as they couldnt obtain a copy of the original credit agreement with my signiture..i am just wondering what they can actually do if anything and should i be concerned over any of it

Share this post


Link to post
Share on other sites

The debt cannot be enforced in court BUT it is still live and collectable using all normal collection activities, should any agreement appear recon or original then action may start.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Share this post


Link to post
Share on other sites

hi guys i received today a reconstituted credit agreement unsigned from barclays

 

I had 3 cards with Barclaycard

 

i challenged all 3 via letters for CCA

 

none was able to send a signed copy

 

but this is the first time they sent a reconstituted agreement

and say the debt is now due

 

what are the options here

 

i was under the impression they had to provide a signed copy with my signature

to prove i was the true owner of the debt

Share this post


Link to post
Share on other sites

scan it up

lets take a look

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

are all three on your CRA file?

dx


..

Share this post


Link to post
Share on other sites

hi ok think i removed all i had two there is 6 pages to the agreement plus two from the cover letter they sent ..letter first

Share this post


Link to post
Share on other sites

hi

 

you need to pdf them as per the guide

 

if you cant read them via a click on your links

 

we sadly cant either

 

dx


..

Share this post


Link to post
Share on other sites

They need to send you a copy of your original agreement as well as the one after variation in order to comply with the request, have they done this ?


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Share this post


Link to post
Share on other sites

what they sent me is what i posted i have no idea what the original agreement was like i would assume the first two pages of the agreement are the original and the other 4 are when it changed ..honest ly have no idea how it works just know none of what they sent me has my signature on them

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...