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    • Hi DX   I have amended the WS and I hope i have taken out the meaningless gibberish.    Thanks, Roland    IN THE County Court AT                                                                              CLAIM NO:      BETWEEN: CABOT FINANCIAL (UK) LIMITED   -and- (DEFENDANT)     ___________________________________________ WITNESS STATEMENT OF      INTRODUCTION    1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT    2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There is an Agreement and 2 sets of Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. The agreement in the JK1 exhibit on page 2 shows an agreement with my name, address and a date but no Account Number or Reference Number as the same was not mentioned in the Claimant’s Particulars Of Claim, which was addressed in my Defence Para 1, ‘the particulars of claim are vague and generic…’.    3. The Claimant’s Witness Statement does not state how the agreement was made, via telephone, post or electronically.   4. There are 2 sets of Terms & Conditions Pages 4-10 which does not show my name and address as per the Consumer Credit Act 1974 Request.    5. Pages 1-10 can easily be downloaded from various internet forums and image sites and have my details inserted with any picture manipulation software.   6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.   7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974. 8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7.  9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.     I believe that the facts stated in this Witness Statement are true.    Signed:  Dated: 
    • Thanks ericsbrother, I'll get on to it.  It appears that they had taken on the contract that very morning, so I'm one of their very lucky first victims. Waaaay 
    • Yep I sent a copy to them also. Just send strange saying yes to then say no, I'm not used to all this though. It definitely doesn't come naturally to me 😕🙂 Will arrange a date ASAP!    Thank you again
    • @BearLake1   I have a similar PCN from the same place. I've just received 'Letter Before Claim' today. I wonder if you are able to share your reply to CVS? Did you send your reply by email or mail?   Thanks!
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mahharg

Barclays wrote off OD debt, now saying I still owe

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Hi all

 

Just a quick one for those in the know.

 

Back in 2015, I was on a payment arrangement for a bank account overdraft.  The account was closed and I was paying something like £20 per month on a payment arrangement.

 

Out of the blue in 2016 I got a letter from Barclays collections stating:

 

Account number ********

Outstanding Balance £0:00

 

Dear me

 

Your debt is now considered satisfied and can confirm that no further action will be taken against you.

 

Any standing orders or direct debits you have set up in favour of this account should be cancelled.

 

yours sincerley

your collections and recoveries team

 

My balance at the time was over £1000, so I was very happy with the letter.

 

Anyway long story short, I had to phone barclays regarding a diiferent loan that I'm on a payment arrangement and the recoveries team are saying that I owe the money on the bank overdraft account.   I complained to the complaints team.  I was informed that the letter that I received in 2016 was issued in error and I still owe the money.

 

I was further advised that it was up to me how I approach this.

What do you suggest, should I pay or should I abide by the letter issued in 2016?

 

Thanks guys

Edited by mahharg
missed text

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Nationwide - won claim 

Advice & opinions of mahharg are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Hi Mahharg,

 

Stay OFF the phone and keep all contact in writing only, so you have a papertrail.

 

If you did have to speak to the bank on another matter, you should have refused to discuss the issue of the overdraft that was written off as per their 2016 letter.

 

Keep the letter safe for future reference in case someone tries to collect for the o/draft again.


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Thanks slick123

 

That letter is going nowhere.   I don't bank with Barclays anymore and I did say that I don't want to talk about it on the phone. 

 

It's the "I can decide what to do next" comment that makes me think they are aware that if I didn't pay it, they couldn't do much about it.

 

I just need to know with the letter, could I legally not pay it?

 

Barclays have admitted it's their error in sending it in the 1st place.  I haven't paid a penny in over 3 years.

Edited by mahharg

Knowledge is Power

Go get em!

Have I been of any help to you? if so please click my scales to the left to enhance my reputation. Thank you. If not PM me.

 

Nationwide - won claim 

Advice & opinions of mahharg are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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If they wrote saying the debt was written off, I'd say you have nowt to worry about but see if others agree.

 

😎


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That's what I'm thinking especially when they were kind enough to show the balance as zero.  But as you mentioned, let's see what others think. 

Thanks Slick 


Knowledge is Power

Go get em!

Have I been of any help to you? if so please click my scales to the left to enhance my reputation. Thank you. If not PM me.

 

Nationwide - won claim 

Advice & opinions of mahharg are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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This case has a slightly interesting parallel with a another case on this forum which I will try and find and post up for you.

The collections department at Barclays seem to be extremely aggressive and appeared to be completely prepared to ignore letters which have gone out announcing that a customer will not be held liable for repayment of a certain sum.

Have you looked at your credit file? What have they said about interest over the three years that nothing is been paid? What do they say the outstanding sum is at the moment?

I would suggest that you send Barclays an SAR you need a very thorough disclosure of everything and you might find that there are some interesting internal notes on this as well as true reasons for which you were sent the letter. It might not have been an error at all. It might have been deliberately sent by a different department and then the collections department have disagreed. This is rather the case in the other thread that I have referred to on this forum


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There is a similarity to the extent that Barclays permitted money to be withdrawn from a joint account by an estranged husband even though there was a block on it. Barclays then wrote to the wife telling her that it was their error and she would not be held liable. Despite that there has been at least one attempt to repossess the property and there are still ongoing threats.
A release of internal memos shows that it is the collections department which is causing all the trouble


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The account was closed down in around 2013.  I had 2 loans and this overdraft that I was struggling with.   So all 3 were sent to collections.  All 3 were defaulted and have now cleared off my files. 

 

I just think I'll let my complaint run it's course then guard it to the ombudsman. See what they think. 

I think what you say is right. The errors appear to come from collections.  Even the complaints team can't appear to overrule them. 

Edited by mahharg

Knowledge is Power

Go get em!

Have I been of any help to you? if so please click my scales to the left to enhance my reputation. Thank you. If not PM me.

 

Nationwide - won claim 

Advice & opinions of mahharg are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Just to claify a few points before I rush off to work.  

 

All 3 were sent to internal collections.

 

The letter regarding the owed overdraft from the closed defaulted bank account came out of the blue in 2016.

 

No attempt to recover the money was ever attempted since the letter

 

Only due to a phone call regarding the loans that I was told there was an outstanding balance (no interest added just the balance as off 2016).

 

complaint informed me the letter was sent in error and the balance is still owed....apparently. (verbally)

 

I will be waiting for a final written response before going to the ombudsman.

 

Thanks guys   have a nice day

 

 


Knowledge is Power

Go get em!

Have I been of any help to you? if so please click my scales to the left to enhance my reputation. Thank you. If not PM me.

 

Nationwide - won claim 

Advice & opinions of mahharg are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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A quick query.  Do banks have to send periodic statements? 

 

I ask because if the written of letter was issued in error, I'm wondering if the bank have broken any rules because I've had no statement for 3 years (since the letter) 

I also question why I have not been chased regarding the outstanding?

 

I honestly believe it wasn't issued in error at all. 


Knowledge is Power

Go get em!

Have I been of any help to you? if so please click my scales to the left to enhance my reputation. Thank you. If not PM me.

 

Nationwide - won claim 

Advice & opinions of mahharg are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Only on a pre arranged overdraft ....

 

(9)This section does not apply where the holder of a current account overdraws on the account without a pre-arranged overdraft or exceeds a pre-arranged overdraft limit.

 

https://www.legislation.gov.uk/ukpga/1974/39/section/77A

 

Andy

 

 


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Send the SAR


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Complaints manager has now confirmed that the account is classed as satisfied as per 2016 letter and I won't be persued for the remaining.  

I will be getting a final response letter stating that .

 

 

 

 


Knowledge is Power

Go get em!

Have I been of any help to you? if so please click my scales to the left to enhance my reputation. Thank you. If not PM me.

 

Nationwide - won claim 

Advice & opinions of mahharg are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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