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ITmanrichard

DCA continue to chase "debt" after losing in Court

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Good morning everyone!

 

I wonder if anyone could kindly give me someadvice for my next move:

Barclaycard refused my wife PPI when she was hospitalised in 2011 saying she didn’t have a policy.

 

In 2013 we found out she DID have PPI,

so of course setabout claiming it back,

and finding out why we weren’t given the opportunity toclaim.

 

Barclaycard made it clear,

that any payments would payoff the balance on the account (£8K) and that the account would be closed.

 

 

During this time we negotiated a reduced monthly rate of paying the account,

infact this was by continuous payment authority on a Debit Card,

so the account was being paid.

 

My wife was offered £11k initially, but we negotiated because of their many errors and got £15K.

 

So they actually paid £7k to my wife after clearing the account.

 

The PPI claim was ongoing from Dec 2012 to August 2013.

 

 

in June 2013 without anyone being aware (even the PPI department),

a different Barclaycard department sold the debt of £8k on the account to a DCA

 

 

At the same time they put a default on my wife’s credit file?

 

Then the DCA put a second default on my wife’s creditfile and Experian have told us it is impossible to have 2 defaults for the samedebt, but yet they are still there?

 

We explained the situation to the DCA who refused to believe us,

we told them the debt was cleared and the fault lay with Barclaycard.

 

 

We explained this to Barclaycard who did the same and wouldn’t listen.

We even had the final offer letter from Barclaycard that stated that the account would be Paid Off before we got the balance.

And of course we have bank statements showing the Award minus Debt = balance going in to my wife’saccount.

 

DCA (who have their own in house solicitors) have taken my wife to Court.

We have counter claimed, only for a maximum £500 to keep down our costs.

 

 

We figured we would deal with DCA then take Barclaycard to Court.

But one of the questions I want to ask you guys on here is from what I have read,

you can only claim for ACTUAL financial loss and not damages for reputation etc?

Is that correct?

 

And finally I am wondering if I can end this early: DCA (solicitors)have:

 

1. Failed to send in Allocation Questionnaire on time.

 

2. Failed to attend Court for Directions hearing when required to do so on May 5th

 

3. Failed to pay Court Fee ordered to be paid by June 4th

 

4. Failed to file Witness statements by June 9th.

 

In the latter point (4) the Court office made a mistake in not informing them to file papers by the 9th June

(they were told a later date),

 

 

but if they had attended for directions on 5th the Judge gave me the paperwork to take away with me clearly stating filing date:

Both the correct and incorrect paperwork did however both say they should pay hearing fee by the 4th June however.

 

At the Directions hearing the judge said to me that

“he would strike out the claim”,

but that we need our counterclaim following through for costs,

and more importantly to clear my wife’s credit file.

 

 

He also stated that there was a danger that they would just claim again.

 

Does anybody have any further comments to add or advice,

because I think that for a DCA with their own solicitors they need teaching a lesson?

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Hi ITmanrichard and welcome to CAG

 

Has the claim now been formally struck out ? Have you received the General Order to confirm this?

 

Regards

 

Andy


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No, at the Directions Hearing of 5th May, the judge said he would strike it out, but because we had counter claimed that he would not strike out and he set a date for hearing.

 

He was disgusted at them not turning up, but said that we need our counter claim to proceed not just for costs, but to force them to restore my wifes credit rating.

 

The judge is now blissfully unaware that they have NOT paid the hearing fee. At the hearing on 5th May he gave me papers stating all parties to file witness statements by 9th June.

 

Unfortunately when the court office typed them up and added a hearing date, the office put the papers to be filed 14 days before the hearing, 29th July. In speaking to them they said that they should of followed the judges directions to the letter, and they resent out paperwork stating the correct date of 9th June. The claimant wouldn't of received this until Thursday 5th June, giving them only 2 days to respond, so I am expecting they will object to this.

 

Also if the claimant had attended on May 5th they would of known the correct date!

 

However, all paperwork sent now or before states they should pay the hearing fee by 4th June, which they have not done.

 

My question is I suppose have they done enough "incorrectly" for me to void their witness statements (Indeed can I do this), and force a decision now, or am I going to have to let it go to hearing?

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I would follow the directions of the court and assume its now proceeding...as the debt has been extinguished and your defence stated that you have no worries.

Let them rack further costs up for you to reclaim.


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Many thanks for the replies Andy

 

Could I just ask - are we correct about what we can claim for? Just ACTUAL losses?

 

It's just disgusting really, for example my wife has been with Volkswagen Audi Finance for 10 years now over 3 cars and has never missed a payment: But if she wanted another car with them at the moment it would probably be refused!

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Well hopefully your counter claim will correct any adverse data.. there has been no loss as yet then no damages are quantifiable.

 

Assuming the counter claim is awarded then her credit history will be restored.


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Hi everyone, I wonder if anyone could advise me if what I am thinking of doing is correct.

 

 

Wife owes Barclaycard £8 grand, Barclaycard PPI pays her out 11 grand, states in writing all along that they will pay off the Card first, sure enough she is sent £3 grand no problem, bank statement shows money going in.

 

 

At same time, Barclaycard customer services sells debt to legal firm !! We advise debt is paid off, they take no notice. We communicate with them several times they take no notice.

 

 

DCA send out summons November 2013, place default on wife's credit file. We counterclaim for costs etc. We are not legally trained, DCA have in-house legal team.

 

 

They file allocation questionnaire late.

They file court fee late.

They fail to reply to Information request under DPA.

They fail to attend Directions hearing in May 2014.

They fail to send in Witness Statement by June 10th as agreed at Directions Hearing (they weren't there)

Court said "oops Judge made mistake on order they can have till 14 days of hearing

They asked Asked for adjournment till Oct 10th.

They filed Witness statement on 1st October only 10 days before not 14.

Witness statement says we did not contact them at all but we have written evidence we did.

They now adjourned again til Dec 5th.

 

 

All this time my wife has default on credit file we cannot get a mortgage and have missed several opportunities to sell our house. If it lasts until April my wife will not be able to pay the balloon payment on her car, or finance a new one, so she will lose her job having no car.

 

 

My thoughts are to ask the Court that because DCA has not followed Pre action Protocol there witness statement should be stricken from the record, so forcing them to settle before December, remove default as per our counter claim, so my wife can get her life back. If someone could please advise as we are going out of our mind here. Thank you.

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Hi Richard

 

" DCA send out summons November 2013, place default on wife's credit file. We counterclaim for costs etc. We are not legally trained,

 

DCA have in-house legal team." Thats a matter of opnion:madgrin:

 

Did you not defend ? Why have you counter claimed?

 

Regards

 

Andy


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What do you mean it is now adjourned again until 5th December 2014?

 

Did the Court decide this on their own or did the Claimant request this?

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Thankyou for the rapid replies, we counter-claimed because of the hassle this has caused us with regard to not being able to move house (credit file etc), its just not fair. I would like to claim thousands but I know the court just go on actual financial loss which we cannot quantify more to than £300-400.

 

 

Everything they send us is marked from "senior litigant".

 

 

The last adjournment is indirectly our fault: we asked the court last Friday if I could attend in my wife's place on Oct 10th sooner than postpone again, as my wife is a teacher and she has realised that she is away with her class next week on a residential trip. As the form teacher she is expected to attend. We didn't want it taking any longer, but the court refused and postponed it anyway which is exactly what we didn't want.

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The short answer to that is no, you can't.

 

As the hearing has been adjourned then the witness statement is not out of time.

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"At same time, Barclaycard customer services sells debt to legal firm !! We advise debt is paid off, they take no notice. We communicate with them several times they take no notice."

 

 

That's our defence Andy, Barclaycard customer services sold a debt that was in the process of being paid off by another Barclaycard department: We were only sent the balance so Barclaycard still have the £8 k. The DCA purchased a debt that doesn't exist.

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"At same time, Barclaycard customer services sells debt to legal firm !! We advise debt is paid off, they take no notice. We communicate with them several times they take no notice."

 

Oh dear....wish you had found us earlier....what are your particulars of counter claim?


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1. Our PPI application makes note of the fact that we had contacted Barclaycard, they informed us that any PPI gained would firstly be applied to the Card Account Balance. We acknowledged that we were OK with this.

 

2. After having told in 2011 we had NO PPI we complained. In 2012 Barclaycard refused our PPI request, but in doing so acknowledged we did have PPI all along.

 

3. In 2013 we complained again, and this time won our case. Our acceptance letter from Barclaycard stated that "any monies listed below would firstly be used to clear the account and the account would be closed.

 

4. We were send 3k out of the 11k listed on the letter, 8k being withheld by Barclaycard.

 

5. Only a month later we were contacted by DCA saying they had purchased the Barclaycard "debt".

 

6. Arguments ensued between us and Barclaycard, and us and the DCA. Barclaycard PPI said they would sort it out and reclaim the Debt from the DCA which could be done in "exceptional circumstances" but they never did.

 

7. DCA placed default on wife's credit file, this is why we are counterclaiming.

 

8. DCA insists we have "never" contacted them" yet we have details of all our contact including a letter sent from them which infers we had contacted them.

 

9. Our counterclaim is for costs and damages (if we can claim any!!) to my wife's credit file, we are asking for her credit file to be rectified and back-dated, and up to £500 in costs.

 

Hope that helps, we have all documentation from DCA, Barclaycard etc etc and have filed everything on time and in good order.

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OKay ...its not really written CPR compliant nor was your defence...I am amazed that you have got this far to be honest.

 

It may appear to be back tracking but could you read the following and compete by posting your responses here...this will pick up minor details that you may not have considered and also allow poster to spot other errors.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(1-Viewing)-nbsp

 

Regards

 

Andy


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Thanks for your help Andy:

But I have read all the CPR pre-action protocols and complied with everything I am aware of including the correct formatting of witness statements etc etc. that's why I have got this far! The above was just a summary for you here on CAG.

 

What I am having trouble dealing with is that If I hadn't of complied with CPR then my wife would of had a Judgement in default by now,

yet a DCA who DEFINATELY have in-house legal can get away with not turning up to a Directions Hearing when the order states "all parties to attend"? I asked the judge and he said they do it all the time?

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Well ...the fact is that the DJ has allowed them leniency...nothing can undo that now so you must proceed as is and build on your counter claim....that is all that can proceed in reality.

 

So is the 5th Dec the trial or just a continuation ?

 

I honestly cant see how they can continue on a debt that as already been cleared by way of PPI ...waste of costs and court time.

 

Andy


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Our thoughts exactly: and yes trial set for 5th December. We are being pursued for a debt that genuinely doesn't exist, and suffering with a black-listed credit file whilst it takes nearly a year to get to court.

 

 

Is there any way I can ask the Judge to look at the evidence beforehand without a trial so as not to waste the Courts time?

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Afraid not...the best defences normally see them run and discontinue before it gets to trial.


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Keeping it brief:

2011 owed £8k to Barclaycard

 

We Win 11k PPI from Barclaycard,

BC state in letter they will keep any PPI due against balance, and duly transfer 3K into our bank. Fair enough, debt cleared and we get 3K.

 

2013 we find out BC have sold "debt" to DCA and they chase us for 8K,

eventually goes to Court in Dec 2015 DCA lose. End of.

 

But no,

DCA sell debt to Robinson Way!

They chase us,

we give them CC case number and court date and tell them to take a running jump!

 

Still chasing us

we need this stopped it's been 4 years now and all the time on my wife's credit file.

Suggestions greatly appreciated.

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Ignore them.

 

Complain to the FCA and your local MP.

 

There's nothing they can do, I'd be willing them to try court action, be able to claim for damages.


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!

 

 

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old and new threads merged for history.

who tried court name them please


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old and new threads merged for history.

who tried court name them please

 

BCard sold debt to MKDP LLP

MKDP lost in court

 

Robinson way chasing.

It says on today's letter "former HDHP 2 Ltd ( Barclay card) (never heard of them?

 

They want all the details and my wife is ( stating) she is

"not giving out any more of her details to another company who has no connection with her whatsoever" she's obviously miffed.

 

we gave them the case number and court and told them to obtain a copy of the judgement.

They didn't and wrote back that Barclaycard had no knowledge of any order or judgement

- but then they wouldn't because it was MKDP LLP.

 

RW have even admitted this drops off my wife's credit file in December, it's been that long.

 

 

My wife was intitalyy refused car finance from VWFS 3 years ago because of this,

we sent the underwriters our Court Defence and luckily because of this and 10 previous years of faultless payments to them they reversed the decision

- my wife was on a PCP plan and would of had her old car taken away and had no car to get to work.

 

We are just really annoyed now and want someone to pay for what they have done.

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