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Baclays Partner Finance- Default Charges CourtClaim issued


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Hi Caggers!!!

 

Once again I'm back with another claim for Default charges on BPF's loan.

Briefly info about the loan, I took a digital camera on finance from Jessops in new year's day of 2008. The finance was facilitated by Barclays Partner Finance. The duration for a fixed-sum loan agreement was 47 months (28.8% APR) and my first payment was due 12 month after the advance date.

 

In 2013, I received a letter from DCA demanding a repayment for a 3 figures debt. I then send then a letter that I'm not aware of such and such date and if then want to pursue it they must provide me with all relevant details regarding the debt.

 

To my knowledge this loan was finished in 2011 and even the direct debt was cancelled after a 47 months from the advanced date of the agreement reached. Then the DCA provided to me the loan Agreement signed copy. I sent them another letter demanding statement of the account.

 

I then send them CCA and SAR followed but in all attempts were unable to provide me a account summary. It was like funny game for 2 years, once they send me a letter; I kept remind them account summary then they go quiet for few months and repeat it again.

 

I even SAR Barclays to get access for the account summary which was unsuccessful attempt as well.

 

After I notice the damage their adverse note cause on my Credit file I reported them to FOS. Finally after 8 weeks I received the account summary and I was shocked.

 

June 2008, the Direct debit failed on the due date,

2 day later I was charged £20 for Unpaid DD/cheque chg,

then 2 days later BPF made another attempt to collect the unpaid Direct debit which failed again.

3 days after the last attempt I was charged for default sum L1 and default sum L2 after 6 days later.

As you can see in a space of 13 days I was charged £65.

 

As that is not enough, the followed 12 months I was continuously charged £45 as Default sum L1 and L2

despite of the Direct debt collected on the due date in each month which resulted £605 added in to my debt.

 

I have already sent BPF a preliminary letter and LBA , and received no response from them. So tomorrow is due date to file N1.

 

The experience I gained last year through @Slick132 and @SabreSheep support,

I decide to start this thread for benefit of other and seek more support in this journey.

 

I will shortly up load a POC draft for this matter and you are all welcome for any contribution.

 

Kind regards

 

 

:violin:

 

 

ewgm

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Hi Ewgm,

 

1. Did they fail to collect the June 2008 pay't, despite repeated attempts.

 

2. Did they tell you about the failed DD and the default chgs they were adding each month.

 

3. When you cancelled the DD mandate after the final pay't was paid, did they tell you about the alleged arrears.

 

4. Is it the case that you do, in fact, still owe them the missed payment.

 

5. Or were there any other missed or late payments.

 

:-)

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Hi @Slick132

 

 

Hi Ewgm,

 

1. Did they fail to collect the June 2008 pay't, despite repeated attempts.

Yes! they failed on both attempts

2. Did they tell you about the failed DD and the default chgs they were adding each month.

They did not and even if they did, then I should received a copy when I issued a SAR to both Barclays and DCA

 

3. When you cancelled the DD mandate after the final pay't was paid, did they tell you about the alleged arrears.

They sent a letter to my previous address as its shows on their files records

 

4. Is it the case that you do, in fact, still owe them the missed payment.

I get your point and it might be true however on the account summary it should have shown L1, L2, L3 and default the whole account. Instead of kept issuing monthly Default Charges whilst kept collecting direct debit

 

5. Or were there any other missed or late payments.

Yes, they were 2 missed payment but were all collected on the second attempt and were all before June 2009

:-)

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At point 8(d), you need not list a breakdown of the penalty charges amount. You can just say, "Default charges totalling £xxx were added between September 2009 and June 2012. Details of the default charges is set out on Schedule 1."

 

Any monthly payment(s) that remain unpaid can be dealt with as part of settlement negotiations.

 

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Hi @Slick132

 

Thank you a lot mate,

 

Point noted and amendment will be done asap.

 

At point 8(d), you need not list a breakdown of the penalty charges amount. You can just say, "Default charges totalling £xxx were added between September 2009 and June 2012. Details of the default charges is set out on Schedule 1."

 

Any monthly payment(s) that remain unpaid can be dealt with as part of settlement negotiations.

 

:-)

 

But there is a funny thing which I failed to mention on the introduction, the first time DCA supplied me the loan agreement sheet, I contacted BPF to seek further clarification about the loan. To my surprised they person on call told they don't have any records in their system concerning the account. I tried another day and received the same answer then I issued SAR to Barclays which in return there was no single paper related to the account.

 

Then, do you think that could be a reason for BPF not to reply my LBA?

 

Thank you again

 

ewgm

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Hi @Slick132

 

 

Also, at point 16, do you think there is a need to mention "schedule 2" instead of "schedule1" ?

 

 

Thanks

 

 

ewgm

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Hi again,

 

The impression I get here is that BPF were trying to avoid responding to your reasonable requests in the hope that you'd give up. They hadn't reckoned on you being a CAGger !!

 

Ignore what happened by phone and stick to your papertrail !! Keep everything in writing.

 

Who and where did you send the Prelim and LBA to.

 

:-)

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  • 1 month later...

Hi @Slick132

 

UPDATES!!! As it stands now the matter is on Barclay's Solicitors (TLT). On 8th of June the CCMCC sent my claim to BPF which was reffered to their Solicitor (TLT). However, on 16th of June the BPF's solicitor did a submission for extension as requested for another 14 day to file their defence which end this week Wednesday.

 

Because I have dealt with the Barclays solicitor (TLT) before on my Credit Card claim, then on 27th June, they sent me an email asking me to agree third of my claim as a full and final settlement of my claim which I refused.

 

then today, they sent this email actually requesting for more time to file their defence.

 

"Whilst our client intends to defend the whole of your claim (as set out in our letter dated 27 June 2016), our client recognises its obligations to the Court with respect to resolving its disputes, where possible, without unnecessary use of the Court's resources. Our client is clearly engaging with settlement on this matter (having made a formal offer).

 

In accordance with the Civil Procedure Rules (CPR), Rule 15.5(1) the parties may agree that the period for filing a Defence shall be extended by up to 28 days.

 

I am seeking further instructions from our client with respect to settlement, however I note that the Bank's Defence is due to be filed on Wednesday. In the circumstances, and to save unnecessary time and expenditure on both sides, please would you confirm whether you would be willing to agree an extension of 28 days for the Bank to file its Defence (and I shall notify the Court in accordance with CPR 15.5(2))."

 

So my question is whether what they are trying to do is an ethical? Or just a tactics using legal loopholes to delay the matter? Finally, as they had 56 days already, should I refused their request? And I do what are the consequanses to my claim?

 

Rgds

 

ewgm

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Hi Ewgm,

 

Did they seek your agreement to the initial 14 day extension that expires on Wednesday. If so, how did you respond.

 

I'll seek further input on this for you.

 

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I would decline the extension, they cant say in one breath that they dont want to waste court time and thus make an offer, then try and manipulate the system to drag it out.

I would point out that the initial 14 day extension should have been plenty of time to file a defence.

If they dont file, request judgment in default

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

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Hi @Slick132

 

Hi Ewgm,

 

Did they seek your agreement to the initial 14 day extension that expires on Wednesday. If so, how did you respond.

They did not Sir, the initial 14 days extension was direct requested through CCMCC as it offered once the normal 14 days to respond on my claim was served to them.

 

 

I'll seek further input on this for you.

 

:-)

 

I contacted the court after submitted my claim and I was told that my claimed was served to BPF on 08th June and they have 14 days to respond by filing their defence or they might seek extension of extra 14 days through the court. However, if they failed do all then i'm entitled to receive full payment of the claim as failed to respond in a reasonable time according to the law.

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I would decline the extension, they cant say in one breath that they dont want to waste court time and thus make an offer, then try and manipulate the system to drag it out.

I would point out that the initial 14 day extension should have been plenty of time to file a defence.

If they dont file, request judgment in default

 

Thank you @martin2006

 

I dont have much experience on this issues, however my question is; dont u think they might say I failed to be reasonable to their request or at this stage their opion does not count as they had 28 days already?

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As they have made an offer to settle, albeit too low, they no doubt dont want to go anywhere near court.

Imho it is a request, which you can refuse, it only gives them more time to faff about and if they intend to settle at some point its simply abusing process.

 

If the situation was the other way around, do you think they would allow you a further 28 days? Or just request a default judgment?

 

I know what i would do but is obviously your call

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GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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As they have made an offer to settle, albeit too low, they no doubt dont want to go anywhere near court.

Imho it is a request, which you can refuse, it only gives them more time to faff about and if they intend to settle at some point its simply abusing process.

 

If the situation was the other way around, do you think they would allow you a further 28 days? Or just request a default judgment?

 

I know what i would do but is obviously your call

 

Hello @martin2006

 

I do agree with u 100%. if it would have been their call, they would request default judgement.

 

Let gets other opions before I fire email to them tomorrow morning

 

Cheers

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Absolutely correct to do so my friend

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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If they have already had 56 days ...then CPR 15.5 is not applicable...they must make application (n244) to exceed beyond this.

 

Agreement extending the period for filing a defence

15.5

(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

 

Andy

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If they have already had 56 days ...then CPR 15.5 is not applicable...they must make application (n244) to exceed beyond this.

 

Agreement extending the period for filing a defence

15.5

(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

 

Andy

 

Hi @Andyorch

 

Hi Andy thank you for the insightful info, however when I mentioned 56 days; I meant 14 days for preliminary letter, then another 14 for the LBA: which were all ignored without any reply to my claim, plus 14 days from the court and another 14 days extension as requested from the court to file their defence.

 

Do you see my point, I dont real think they need more time to be honest. Im not very keen to accept their request, otherwise can you educate me if their any legal reasons which may act on their favour if I refused to accept their request???.

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Right you are I assumed you meant 56 days from issuing the claim...56 days is maximum allowed..that is at your discretion....but you can request judgment anytime after 14 days if they have failed to submit a defence.

 

No it wont be regarded as unreasonable...they have had plenty of time to respond .....even before the claim was issued.

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Defendant was required to Acknowledge by 22nd June and get defence in by 6th July.

 

You don't have to agree to the requested extension, but the court may allow it anyway.

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Right you are I assumed you meant 56 days from issuing the claim...56 days is maximum allowed..that is at your discretion....but you can request judgment anytime after 14 days if they have failed to submit a defence.

 

No it wont be regarded as unreasonable...they have had plenty of time to respond .....even before the claim was issued.

 

Thank you @Andyorch

 

So given to you are constructive inputs; I can accept their request for 28days extension however after 14 days if they failed to file the defence, then I can request judgement by default isnt?

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Defendant was required to Acknowledge by 22nd June and get defence in by 6th July.

 

You don't have to agree to the requested extension, but the court may allow it anyway.

 

Hi @Slick132

 

So even if I play hard on them do u think the court will allow them another 28 days without my consent? Given to that, then I should accept their request as Andy advised above.

 

Waiting for constructive input as well..

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Time starts from the 6th July...if no defence submitted you can request judgment with immediate effect....or you can agree and allow them a further 28 days (CPR15.5)...you can then allow them a further 28 days (CPR 15.5) total 56....but hurry up and decide the court don't like being informed a day before the defence is due.

 

Its your choice

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