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    • Hi Dave2019   That response to your councillor is short and direct so lets see how your councillor will act with Platform.   I think you have noticed that Platform are not telling the correct facts to news article/MP/Councillor which is absolutely typical of these Housing Association to always give there version of events to make them look as if they have done everything by the book to make them look good we haven't done anything wrong.   This is when you challenge them as you have done and throw there own Customer Community Engagement Strategy in there face and you keep doing this with what I have pointed out in post#67 (as a reference).   The more you do this the more Platform are not going to like it as it impacts their own Customer Care Policy, Complaints Policy and that specific Customer Engagement Strategy as these look more like just a paper exercise to make them look good but putting them into practice they are not just failing but are in fact Breaching those Policies.            
    • Ok! I think it's about there, I've added those final points. Thanks again for looking this over!   Px CLAIMANT
 ERUDIO STUDENT LOANS LIMITED – AND – DEFENDANT XXXX WITNESS STATEMENT OF XXXX I, xxxx of xxxx, being the Defendant in this case will state as follows;   1. The Witness – xxxx states in point 3 that:   “It is noted that the Defendant does not dispute entering into a credit agreement with the Claimant.”   This in not true. I have never entered nor admitted to entering into an agreement with the claimant.   2. The default notice mentioned in point 6 was issued on 26/04/2017 and served 4 years, 3 months and 27 days after the last written acknowledgment of the debt on 30/12/2012 by myself. Thus, the cause of action delayed by 4 years 3 months and 27 days and the Limitations period prolonged to 10 years, 11 months, 16 days. This, in effect, allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.   3. In point 5 xxxx states I was issued with A Notice of Assignment on 22/11/2013. In point 6 he states that a Default Notice was sent to me on 04/03/2014. In point 7 he states I was sent a Termination Notice on 26/04/2017. In point 8 the legal proceedings and transference to Drydens solicitors took place without my knowledge.   I received none of these notices or assignment. It has now come to light that they were all sent to an address I had not resided at since 2001. The Student Loan Company was aware of my current address at the time that the alleged documents were sent.   I have always kept the Student Loan Company informed of my current address.   4. In point 18 the Claimant claims the Termination Notice issued on the 26/04/2017 was the cause of action, this is patently untrue - the termination notice does not determine the Statute of Limitations date.   Pursuing a debt after a 6 years is clear breach of OFT guidelines and CPUT.   5. Addressing points 21,22 and 23 - the claimant contends its unfair to allow a set aside 16 months after a default judgement, yet failed to issue a default notice within the 6 year limitation period therefore breaching the rules of the Consumer Credit Act 1974 section 87/88.   6. I the defendant, contend 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.   7. The Claimant's claim to be entitled to payment of £2489.03 or any other sum, or relief of any kind is denied. 
   8. The defendant’s costs in dealing with the claimants default judgement and their set aside application to be paid by the claimant within 28 days.   (a separate costs sheet is attached).   Statement of Truth   I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.   Signed: xxxx Dated: 17/05/2022   Costs Sheet Cost of N244 application form: £255.00      
    • Hi   I hope you are keeping as well as came be expected during this. and even if you want to rant here about this If A2 are still ignoring your letters/emails then that the Housing Ombudsman is now looking into this matter and have requested your evidence so far of their failure in Customer Cara and more importantly their own Complaints Procedure by failure to acknowledge letters/emails.   As you have already spoke to the Ombudsman I would contact them again and just explain to date A2 are still completely ignoring you with your complaint and you take this as a Breach of their own Complaints Procedure.   You look after yourself and even if you just want to have a rant about this to get this out your system you know where we are.    
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Statute Bar thwarted by B/C and Robinson Way


Napoleonj
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Hi Slick,

 

Roughly £4500, with these charges. I was hoping someome would look at the agreement sent from Westcot, posted above, but no reply from anyone yet. Guess I'd better repost it .

 

Jane.

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Hi NapJ,

 

Hmmm, the charges and interest will have little impact in reducing the a/c balance.

 

The Application form you've posted above is not an enforceable credit agreement. But all that means is BC would maybe not be able to get the debt enforced by and get a CCJ against you. However, BC rarely take cases to court and will pass you from Mercers to Calders and beyond, each DCA taking their time to extract payments from you.

 

The response to your CCA request is adequate to enable them to continue to pursue for payments.

 

It may be sensible to do an Income and Expenditure Planner to see what you can afford to pay each month. You can offer this or, better still, get an intermediary to negotiate a monthly amount. If you keep to the repayments, the harassment should cease.

 

http://www.consumerwiki.co.uk/index.php/Debt:_Where_to_Get_Help

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  • 2 months later...

B/Card have just taken money from my account

- I only have my pension and pension credits.

 

I didn't recognise the payment on my a/c, so queried it and was eventually passed to B/Card.

 

I explained to them that I have never received a CCA and

 

the v nice lady informed me that you don't have one with a credit card.

 

If this is the case, then how can they ever pursue anyone for money owed?

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ofcourse you have a CCA with a credit card!!!!!!!!!! by LAW

 

phone them back and demand the money is returned

 

so you bANK with barclays too?

 

then its notice of appropriation letter time then

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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dx

Yes I still bank with Barclays, as there's no public transport or shop here, I needed a bank access at the post office.

 

I've tried to open an account online at other banks but have not been successful as I need to have one with DD facility and cheque book for some transactions.

 

As soon as I told the woman that they shouldn't take money from my pension,

 

she said she'd arrange for it to be refunded and apparently Westcot are no longer dealing with my account.

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ok well letes hope this happens

 

if not fire off the letter

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

you really should have done this last week or before

 

please do not trust any bank or dca's word

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Make an immediate complaint to Barclays London HQ addressed to a senior executive. Get the name from Barclays website.

 

Keep the complaint brief and enclose a copy of any earlier Letter of Appropriation.

 

:-)

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Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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  • 1 month later...

Have you complained to Barclays HQ about this episode or the earlier one.

 

What happened about the complaint that you were going to send at the start of December.

 

Acting quickly is the route to success with this situation. If BC have left you badly short for the month, you could also make an urgent complaint to the FOS who have been of some use in similar instances.

 

According to them, they can do as they please as I owe them money.
Did they say this in writing or by phone and were these their exact words ?

 

I'm also looking at an alternative course of action. Something a bit more radical, if you're up for it. I'll come back about this in the next day or two.

 

:-)

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Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Hi NapJ,

 

I said above, I've sought some advice with a view to taking more radical action to see if we can get BC to be held accountable for their actions. They have no right to take your pension and fuel allowance, especially after you've sent the Letter of Appropriation.

 

Can you please confirm if you have any savings or assets which would prevent you from being seen and treated as pensioners with limited income and resources.

 

Barclays have a duty to treat you fairly as a current a/c holder. See here - http://www.consumeractiongroup.co.uk/forum/announcement.php?f=22&a=228

 

BC have a duty to treat you fairly as well. See here - http://www.consumeractiongroup.co.uk/forum/content.php?834-Fair-Treatment-for-Credit-Card-Holders-and-Borrowers

 

It will help you prepare your complaint if you set out a brief chronological history of relevant events on your bank a/c and your CCard a/c.

 

Can you prepare this asap for us asap.

 

Finally, with regards to default charges on the CCard a/c, you can reclaim default charges in full, plus interest. But you cannot reclaim the interest charged on the a/c. Please confirm if there are, in fact, any default charges on the a/c which you can reclaim.

 

:-)

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  • 2 years later...

MKDP informed me in February last year they had "bought the interest in my B/C account, including the outstanding balance".

 

I asked for a copy of the CCA which to date they have been unable to supply.

 

Lo and behold, today I received a letter from B/C enclosing yet another copyof the T and Cs.

 

They say in their letter they have enclosed a "reconstituted copy of your credit agreement", but it just includes Conditions and cancellation form.

 

I've lost count of the number of times this has been passed on from one company to another. Surely B/C now have no right to the money.

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if its been sold

 

its nowt to do with BC anymore

 

is this on your credit file?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Don't know and don't really care, I'm too old to need credit any more, just pay for things with cash or debit card. I had nothing against me when I opened a new bank account 18 months ago.

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thread merged with existing one for the 5th time

 

please keep to one thread per debt

 

what is the defaulted date from your credit file

 

and when was YOUR last payment & usage.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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ok so no chance of SB then....

 

I notice you've had the application form returned before

 

you need to be careful here

 

MKDP will issue a claim without a thought.

 

you say you have sent MKDP a CCA request already?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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then you should be safe.

 

I still suggest getting your CRA file

 

noddle below is free

 

that should give you the owner and the defaulted date.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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good so defaulted date is about right

 

if you wish

 

you could nail your colours to your flagpole

and send MKDP the failure to comply letter.

 

which. if they were to do court

would look very bad for them.

 

upto you.

 

but whatever you do

 

DONT ignore a claimform...if it comes

 

the rest you can

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 year later...

banks don't do that

 

 

or use a blank PO as the SAR thread advises

 

 

but anyhow an SAR is a legal document so you must sign that anyway.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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