HFO CCA success but Barclaycard default: Surlybonds letter & Lizzy success?

[manchestman]

Hi

Having read Surlybonds brilliant default removal letter/template, I am wondering if this is the way forward for me, as I am not sure if the default was placed before or after the 'contract' ended. I am now a little stuck as to which way to now proceed in getting this default removed and would appreciate any advice.

I apologise for the long 'history lesson' here! I first posted about my sons alleged debt to Barclaycard which now stands at £582. I calculate this is made up of £440 (11 x £40) illegal charges between Nov 2003 and Sept 2005, a transfer fee (it has now been sold) and of course much interest. It is my contention that this 'debt' is made entirely of illegal charges, accrued interest and the transfer fee (or whatever name it is given, when a new deed of assignment is applied).

Initially we had to deal with several DCA and their harrassment till I came upon this site.

Initially, I think I made an elemental error in writing to the DCAs with a CCA and a £1 postal order, as they were only agents for Barclaycard and their non response did not further my cause at all.

Anyway, after a DPA disclosure request to Barclaycard along with the statutory £10 fee on 11 Sept, it resulted with a letter containing a computer printout of most items, but not all and certainly not listing individual transactions/charges etc.

17/Sept 2006: Issued a LBA stating they had failed to provide all docs etc, a claim for the amount they had taken in unlawful charges and an insistence that they remove the default notice.

I received no reply whatsover to the LBA and in mid October, I got letter from HFO Services with a notice of assignment to this new DCA, (11 Oct 2006). I thought this was attrocious behaviour of Barclaycard to simply sell on an account while in negotiation & dispute.

To be fair, HFO have not harrassed and once served with a section 77 CCA on 14th Dec, their solicitor replied quickly stating it was being referred back to Barclaycard and that Barclaycard 'may or maynot' take the account back and that HFO did not want to be a 'third party in any dispute' with Barclaycard! Although I wrote again to HFO solicitors, reitterating my CCA request there has been silence.

Result? Yes, I think so, at least partially. As HFO cannot enforce the 'debt' as they have not provided the original agreement or anything else for that matter within the statutory 42 days, I think that sitting tight and my son having no 'debt' to pay is a result of sorts.

However, there is still a default notice placed on his credit file by Barclaycard (well before the sale to HFO), and this is where I would like advice please, in knowing which route to persue to obtain its removal.

Firstly, we did not know it was there (though we are not surprised there is a default notice) until it was discovered by accident. At no time have we had notification that a default notice would be placed on the account, nor was any info about it given under the DCA request.

Removing the default notice is now my main objective. I feel there may be two routes to travel and would like to know which one seems the best? I could use the approach and template given by SurlyBonds but I am unsure about whether the default would have been placed before my contract ended or not? If I could use this, it would surely seem the easiest way to begin.

Or, I could resurrect my battle over charges with Barclaycard, take them to court and ask for the removal of the default at the same time? I just feel a little uneasy about resurrecting a battle with Barclaycard themselves, that we seem to have already won, albeit by default because of non compliance to the CCA request by HFO Services..

[dayglo]

hello and welcome to the legalities forum and in particular the exciting world of default removals!

 

you are tight in that there are two avenues for you to explore but you may have slightly mis-understood the 'contract has ended or not' deal.

 

it doesn't matter if the contract was in place or not at the time of the default only whether it is in place now.

 

If the debt is satisfied and the contract has ended then you can issue a notice under S.10(1) to require the data controller to cease processing data that is causing you unwarranted damages or distress.

 

is the debt satisifed? if not - then revisiting the charges claim is the best way forward I think.

[manchestman]

Hi dayglo and all

Thanks for your answer and advice ... and for reading an exceedingly long explanation! )

You are absolutely right in that I did not understand the contract status but now that is clarified, I do understand that I no longer have a contract.

However, because the 'debt' is not satisfied and is in complete contention, this means that surlybonds letter is not the route for me? So you think that my best route is to reopen the charges dispute with barclaycard, maybe I should begin with a CCA? (Since they could not supply HFO with one, maybe they cant even be bothered here too?). Though thinking about this, even if they dont respond to a CCA, it will still leave me in the same boat and having to force court action. hmmm, sorry for thinking aloud!

As I have already issued a (unanswered, but sent recorded delivery) LBA back in September prior to Barclaycards sale of the debt, maybe I should simply fill out a N1 for the disputed charges and file for court action, or should I write to them once more first as my LBA was so long ago now? Please let me know if this sounds right. Also, if I fill out a N1, should I state on it that as the default only occurred because, and is solely made up of their illegal charges, this should be removed too?

Thanks