SLC Cannot Supply The Original Agreement

[noomill060]

Were you receiving statments on the old card for the 12 year period?

 

 

I moved in 1987, I dont know whether they continued to send statements after June of that year. I didnt want anything more to do with Barclaycard,so didnt bother telling them of my change of address.

[noomill060]

The Act states that th creditor is guilty of an offence if the default remains after 30 days.

 

How clear is that?

 

Cabot can state that the scientific discoveries of the last three hundred years are all wrong and claim that the world is as the ancient scriptures state-a flat disc supported by giant elephants standing on the back of a giant turtle, but that wouldnt make them right, would it?

[noomill060]

If you get beaten up and the CPS decide not to prosecute for lack of evidence, there is nothing to prevent you from bringing your own private prosecution, (apart from the cost)

 

Surely you must have heard of cases such as this. Often a civil claim for damages is started at the same time, to clean out the accused to help pay for the case.

 

Easier to prove, as the level of evidence is lower in civil claims, as you know.

[noomill060]

Early on in this thread the 1983 amendment was discovered to relate to something else and not related to whatever was being discussed at the time, oh dear this is so complicated.

 

I think it was alanfromderby who twigged it..

[noomill060]

It is indeed a touching piece of prose.

[noomill060]

I just stopped making payments after the 30 days ran out. Never heard owt from the DCA again!

 

OK six months later and Wescot has taken up the torch, but another CCA request went to them 12 working days ago today, and the only thing in todays post was a letter from the Northern Bank saying that they need my old account number to process my SAR for a list of all my charges from the late 80s.

 

No Barclaycard agreement, valid or otherwise.

[noomill060]

OK, there were application forms from Citicards and Cap 1 as well, along with the usual junk mail!

 

Whats in my wallet?

 

A court order against Morgan Stanley- thats what!

[noomill060]

Yes, thanks for that Peter. Ive saved your letter in Word for use at the appropriate moment.

 

I hope you didnt take my comment on your prose as unpleasant, it wasnt meant as such. Its so easy for friendly banter to seem like a cutting comment on re-reading. Your letter was clearly written fast to give assistance to others.

 

Its thanks to you and your advice six months ago that Im now in control of my creditors.

[noomill060]

Make that creditor- singular. Thanks to the advice on this site Ive been able to pay off my Morgan Stanley card- with their own money- the s.69 interest which I asked for at the contractual rate of 20.9% thanks to CAG advice.

[noomill060]

Not only do I now feel in control, Im having immense fun winding them up and tieing them in knots!!

[noomill060]

If you already have your statements, start you samll claim. You will be suprised how quickly the phone calls stop.

 

Contact Consumer Direct (Trading Standards) as soon as you can about the calls.

[noomill060]

Dunno what happened there, I was answer a question on another thread and it popped up on this one!

[noomill060]

Too friendly and conciliatory at this stage.

 

You want to let them know, that you know, that you have their nads in a vice and if they dont stop ***king you about, you're going to start turning the handle.

[noomill060]

IMHO, of course.

[noomill060]

Carpe Jugulam

[noomill060]

ie: Go for the throat.

 

Glad you found the template you needed.

[noomill060]

Hi Lynne,

 

It would be quite acceptable if not better to phone or write to Consumer Direct in your own words, explaining your situation yourself.

[noomill060]

You could indeed start a Small Claim for the £100. (Are you sure this was interest free?)

 

They would be so suprised at having to defend a claim against you! You could then sit back and wait, safe in the knowledge that they cant hassle you until the claim was settled.

 

Alternatively, you could let them take you to Court and watch them wince as you put a counterclaim against them. They would have to succesfully defend your counter claim against unlawful penalty charges before they could try to convince a judge to give judgement against you.

 

And as we all know, they really dont like having to defend unlawful penalty charges...

[noomill060]

This thread isnt about how to run away from your debts.

 

Its about how to make creditors and DCAs comply with the law of the land.

 

Sorry if this isnt what you wanted to hear.

[noomill060]

Thats hilarious!

 

"Criminal Justification", eh? Oooooooo sounds scary!

 

 

What a load of nonsense!

[noomill060]

Financial Ombudsman is not independant- the FOS is financed by the banks.

 

Take whatever they say with a grain of salt.

 

They cannot rewrite the CCA or second guess what a judge may or may not ask you.

[noomill060]

I thought Umbridge was the village where the Archers lived....

 

 

Can we get back on topic now?

[noomill060]

Hi guys,

 

Just started new thead for my own CCA situation. Please forgive double posting. I'll remove this post if its not appropriate.

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/93787-noomill-barclaycard.html

 

Way back last October just after I joined CAG and after reading the first few months of this thread, I sent a CCA request to the DCA that were handling my defaulted Barclaycard debt.

 

The 12 days were up in early November. I never heard anything from them again and was too busy dealing with my first claim and lacked the confidence follow up their criminal default.

 

On Saturday I finally got a response from Barclaycard's recovery department in Liverpool.

 

I opened the envelope and couldnt believe my eyes.

 

It was a just a copy of the "Priority Application Form" that came through my letter box back in 1999.

 

No prescribed terms

 

Not signed or dated or even stamped by the creditor

 

(I hadnt even filled my name in completely -I'd forgotten to put my surname in the "Surname " box!)

 

In short, it isnt a credit agreement. This is all I ever signed.

 

I had posted it off and much to my amazement within week, I had a Barclaycard with a credit limit of £1400.

 

Now, clearly it isnt enforcable and no doubt Barclaycard will have no choice but to write off my alleged (and not insignificant) debt. This much i know from reading this thread.

 

However, question -I will be wanting:

 

a) The removal of the default notice

 

b) The return of all monies which I have paid to them.

 

Would this be:

 

a) the total of all the monthly payments I made to them (plus interest compounded at their rate from the date of each payment?)

 

or (more likely)

 

b) The total of the monthly interest as stated on each statement (plus compounded interest calculated from the this interest was applied?)

 

or

 

c) Just the sum of the monthly interest on each statement added up?

[noomill060]

I think Ive worked out thr answer to my own question.

 

a) I borrowed money off them and they were entitled to to have it returned

 

b) they can prove that I borowed it.

 

BUT

 

c)as no agreement exists where I agreed to to pay any interest on the money I borrowed, I am entitled to have any interest paid to them returned to me.

 

How does this sound?

[noomill060]

Thanks for that Peter. I realise that you have answered similar questions many, many times now.

 

 

I stopped paying in November, after the 12 days expired. Didnt hear anything more from Barclaycard until Saturday when my copy application form turned up from them.

 

The covering letter said "As requested, here is your copy application form"

 

Er, no it was the original agreement that was requested.

 

Oh dear.