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    • Yeah I figured, unlikely I'll need credit anyway mortgage all paid off etc so I'll take that on the chin and learn from the experience. Probably would've beaten that too had I remembered the protocol, first time ever going through the process though sob it wasn't familiar to me  Oh well  
    • This is my slightly amended WS taking on board your previous comments, any suggestions for amendments would be most appreciated.  Thank you for you time.   1.        I am the Defendant in this matter. 2.        The facts in this statement come from my personal knowledge. 3.        I became aware of original Judgement following a routine credit check on or around 14th September 2020. 4.        The alleged Letter of Claim dated 7 January 2020 was served to a previous address which I moved out of in 2018, no effort was made to ascertain my correct address. 5.        The Judgement debt was not familiar to me so I began investigations to ascertain what the debt related to and how such a figure had been equated in any event. 6.        I made immediate contact with the Court, the Claimant Solicitors and the Claimants thereafter, asking them to provide me with a copy of the original loan agreement but this was not provided to me.  7.        I sent a Data Subject access Request to Barclays but no agreement was provided – See appendix 1 which details the timeline of communication between myself and Barclaycard as well as copies of correspondence between us. 8.        I do not admit to entering an agreement with Barclaycard in 2000. 9.       The claimant has failed to comply with the additional directions ordered by District Judge Davis and therefore this claim should be automatically struck out.  10.    The claimants have failed to disclose a true executed copy of the original agreement they refer to within the particulars of this claim. They are not entitled to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974 12.   The reconstituted standard Barclaycard agreement that the claimant has included in the court bundle does not satisfy any CCA request and so the claimant is and remains in default of my CCA request and therefore unable to enforce the alleged agreement. 13.  The claimants have failed to provide proof the assignment, such as a deed of assignment. 14.  The claimant has failed to provide a statement of account setting out how the alleged debt accrued under that agreement 15.   Despite numerous requests to the claimant, I have still not seen any evidence, such as an original agreement or deed of assignment, that substantiates the claimant’s assertion that I owe the debt to the claimant, nor evidence of how the debt was accrued. 16.   As per CPR 1.4(2)(a) the court encourages parties to cooperate with each other in the conduct of proceedings in order to try and save time and costs for the parties and to also save the time and resources of the court however, despite vast attempts at mediation the claimants have been most unreasonable and have remained unwilling to mediate. 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.
    • A set aside application costs £275 which is more than the judgement so not worth it. Not that they would grant a set aside anyway.  Set asides are granted, for example, to people who moved and didn't get the court papers, so have a genuine reason for not defending.  Forgetting doesn't count. Your only choices are to pay up within 30 days, or defy the court and not pay.  If the latter, we've never seen a PPC enforce judgement for a single ticket, ever, you would get away without paying - but you would have a CCJ and a knackered credit file for six years.
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barclaycard PPI


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Hi ,

I told my mother to put in a query on the Barclay website for Barclaycard PPI right on the deadline last August.

Apart from 2 or 3 letters saying we will eventually get to to your claim we`ve heard nothing until today

 

a letter arrived asking for all sorts of info.

This is from over 20 years ago and they are wanting loads of details concerning savings , wages employments etc... she will certainly struggle with all these requests.  

 

Any advice 

should we try and put what we can in and send it back.

 

She certainly hasn't got records of savings etc... from then or exact working hours ,but she was working full time .

 

Ive attached letter hopefully with personal details blacked out.

 

I have done ppi in the past but always used the Ombudsman questionnaire .

thanks

 

 

barclaycard ppi-1-converted.pdf

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thank you merged

 

have you par chance a copy of the original letter that was sent?

 

 

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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so where are they getting all this info from she was a student working part time from?

or is that letter a generic guess and bears no relation to her circumstances at the time?

 

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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Share on other sites

The student part must be just part of their standard response. My mother was working full time  at the time , had sick cover , life insurance some savings and an isa.  Do i just fill in the ombudsman ppi form and put any details in there and send it to them as soon as possible.

I notice how theyve gave 10 days from the date of the letter , which only just came.

Edited by Tired and Weary
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yes.

 

 

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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Share on other sites

  • 3 weeks later...

Hi Again, i did this and they dont agree the PPI was missold , but have included a check for over £1000 for ppi commision.

 

They say the PPI was sold over the phone and the PPI was explained in full ,

but in a SAR request that was done on the main account there is a scan of a paper application with the PPI ticked ,

it is also dated the end of 1995 and they say the PPI was taken out in 1998.

(a 3 year gap to apply for PPI seems highly unlikely)

 

My mother says she would have picked  up the application in the supermarket she worked in and it would be very unlike her to apply for a credit card over the phone .

 

This is getting highly confusing .

She had this card and one linked card mentioned in their correspondence.

My mother has already put the cheque in her bank , as she only just handed me the letter

she didnt realise that they had declined the actual PPI claim..

 

Will this stop us going to the Ombudsman to dispute the actual PPI payment part?????

 

Any advice thanks?

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that is called a plevin reclaim,,,of the commission they charged her for selling her the PPI.

your was the actual PPI premiums and the resultant int charged on each payment etc etc

 

you cant reclaim both 

 

 

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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Share on other sites

hidden PPI commission or PPI Premiums reclaim.

one or  the other 

you can't reclaim both.

 

however, for the PPI premiums paid during the life of the card..

do you have all the statements from day 1?

if not you need to have sent them an SAR before you kicked off the reclaim., and done a spreadsheet and fire that off with the FOS Questionnaire.

 

if you've  ot got the data (and they must to have made and state the history, even if wrong,   that they have done so far.

 

there no good putting in a speculative reclaim letter without data cause all you'll get back is a speculative reply cause they know you haven't a clue what you are doing or ever expect back.

 

so have you all the statements?

 

 

 

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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