CCA Request Payment.

[Moopheeone]

Hi All, New to this. Sent a CCA request to an Alleged Account Purchaser and the £1 fee
was paid into the Alleged Account making it look like I had made that payment. What are
the Legal consequences of this action. Could it be construed as Fraud.

[PlanB]

Re: CCA Request Payment.

Sent a CCA request to an Alleged Account Purchaser and the £1 fee
was paid into the Alleged Account making it look like I had made that payment. What are
the Legal consequences of this action. Could it be construed as Fraud.

It wouldn't be considered as fraud.

If you were to plead Statute Barred as a Defence to any court claim you receive they may try to say that you made a £1 payment to the account on XX date in an effort to scupper your legal argument. However, you will be able to prove that the postal order was for the statutory fee only (CCA Request).

You've made a valid s 77-79 CCA Request and until they comply with your request the debt remains unenforceable in court. You know they've received your request because they've banked the postal order you sent with it. How do you know that?

Did they write back and acknowledge your CCA Request?

Who is the debt purchaser and what are they chasing you for?

Di

[Moopheeone]

Re: CCA Request Payment.

This is now at allocation stage, Barclaycard, pre 2007. IDR purchaser. On the particulars of claim I noticed that the claim amount
was £1 less than the Default amount so I did some digging and found that my credit report showed that a £1 payment had been
made a few days after the CCA Request.
Subsequent Statement from IDR showed that the Postal Order was paid into the alleged account.
Link sent illegible application form along with some T/Cs, they included a letter from Barclies dated several months before, stating
that they have now complied with the CCA request, I had never made a request To Barclies, also on the POC they state a default was registered some
months after the Original Default Notice was issued By Mercers.
I have challenged all of this in my Defence. Also asked the FCA about the £1 and they say take it up with IDR/Link.
So looking for other Opinions. Cheers Di.

[Never-In-Doubt]

Re: CCA Request Payment.

So you already have a claim? Do you want help with it?

[Moopheeone]

Re: CCA Request Payment.

Hi, not so much help as defence is in. This is waiting to be allocated to local court, not
suitable for mediation, All paperwork from claimant and solicitors is very suspect.
Have requested twice from Barclies that all paperwork in this matter has been sent by
them, they have not even acknowledged my letters, also the Solicitors have had a similar
Request that all letters have been sent by their client, that has also not been answered.
I believe, Original Default Notice from Mercers is Defective. Both Letters of NOAs sent by
Link and not to Sec 136.
Ilegible Part of Application Form. Terms and Con, not with application form but recons sent.
POC, not correct. Default date changed.
Deed of Assignment sent, that my young son could have constructed better.
All sent to confuse and deceive I think.
Will keep updating, but any positives will be taken on board.

[The Tech Clerk]

Re: CCA Request Payment.

Hi, not so much help as defence is in. This is waiting to be allocated to local court, not
suitable for mediation, All paperwork from claimant and solicitors is very suspect.
Have requested twice from Barclies that all paperwork in this matter has been sent by
them, they have not even acknowledged my letters, also the Solicitors have had a similar
Request that all letters have been sent by their client, that has also not been answered.
I believe, Original Default Notice from Mercers is Defective. Both Letters of NOAs sent by
Link and not to Sec 136.
Ilegible Part of Application Form. Terms and Con, not with application form but recons sent.
POC, not correct. Default date changed.
Deed of Assignment sent, that my young son could have constructed better.
All sent to confuse and deceive I think.
Will keep updating, but any positives will be taken on board.

Niddy has asked you a direct question = Do you need help?

[Moopheeone]

Re: CCA Request Payment.

No Direct Help Needed at this moment, Thank You.

[Never-In-Doubt]

Re: CCA Request Payment.

Ok no worries - our solicitor wins cases like this daily so just asking if you'd rather have some formal assistance. LiP is great but remember the devil is in the detail & our solicitor is shit hot at this kinda thing. Anyway, please do keep us updated. As you say, not much you can do now but if you decide you want some legal advice then let us know.

Good luck

[Moopheeone]

Re: CCA Request Payment.

Many thanks, just had letter this morning from Northampton, all details have now been
sent to my local court for review and allocation.

[PlanB]

Re: CCA Request Payment.

not so much help as defence is in. This is waiting to be allocated to local court, not
suitable for mediation, All paperwork from claimant and solicitors is very suspect.
Have requested twice from Barclies that all paperwork in this matter has been sent by
them, they have not even acknowledged my letters, also the Solicitors have had a similar
Request that all letters have been sent by their client, that has also not been answered.
I believe, Original Default Notice from Mercers is Defective. Both Letters of NOAs sent by
Link and not to Sec 136.
Ilegible Part of Application Form. Terms and Con, not with application form but recons sent.
POC, not correct. Default date changed.
Deed of Assignment sent

Was it not suitable for Mediation because you didn't want to mediate or because the claim is over £10k so Mediation is not on offer for Fast Track cases?

It would be helpful to establish where you got the documents from and when especially since you say the paperwork from the solicitors is very suspect.

Do you mean you sent your s.77-79 CCA Request to the Claimant (IDR) after you received the claim, and if so did you receive their 'suspect' paperwork before you filed your Defence or after you filed your Defence?

If the documents were sent to you after you filed your Defence then you may need to file an Amended Defence depending on what was disclosed.

I'm not being pedantic, I simply want to see if you have adequately protected your legal position.

Did you also send Kearns solicitors a CPR 31.14 Request?

And finally (sorry about the inquisition ) your thread began with a question about a £1 payment made to your account. Is that because you believe this debt to be Statute Barred and if so have you pleaded that in your Defence?

You need to send a Subject Access Request to Barclays immediately. That way you'll know the full history of the account. You'll find the Transaction Log can be quite illuminating.

Di

[PlanB]

Re: CCA Request Payment.

Sent a CCA request to an Alleged Account Purchaser and the £1 fee
was paid into the Alleged Account

Was this a second CCA Request with perhaps one having been sent to Barclaycard before?

Di

[Moopheeone]

Re: CCA Request Payment.

Hi, I said yes to mediation but when they called me I told them that all docs needed
and asked for were not supplied.
Account from 2004. Defaulted Mid 2013. Assigned late 2013. Various letters sent between parties.
Letter before action June 2016. CPR 18 request sent June 2016. Got reply with suspect docs Oct 2016.
The Docs were A recon part of application form, statement of account and supposed Ts and Cs from
2004 and updated, enclosed was a letter from Barclies addressed to me and dated July 2016 saying that
they have complied with my CCA request. I had not even made a CCA request at that time. So Nov 2016
made a CCA request to IDR, Solicitor replies that I have had the Docs. End Nov claim form comes. AoS sent.
Defence sent. Solicitor then sends alleged Deed of Ass, 2 plain A4 sheets 1 with details of seller and purchaser
and 1 with 1 line of my details, solicitor says due to new evidence I should reccind my defence and send the enclosed
form to court. Then they did not send anything to court so the claim gets stayed. I then sent a with prejudice letter to
the Solicitors demanding proof of all letters sent to me were from the Original Parties to the Matter, no responce from them
about that, my defence has included all the matters that I feel are suspect and comprises of 50 sheets of correspondence.
Including where the £1 fee ended up. I think I have covered all my concerns regarding the Paperwork received.
Their POC only covered The Agreement, assignment and changed default date. All rebutted. Case being transferred now
to Local Court, hope that give you a little further insight on the Case. Claim just over 6k so small claims.

[PlanB]

Re: CCA Request Payment.

You may not have been guided well through the process which has resulted in your understandable frustration.

I can see you sent a Part 18 Request in June 2016 before the claim was issued in November 2016 so that's probably why the solicitors ignored it (Part 18 only applies after a claim has been issued).

Did you mean you sent a 'Without Prejudice' letter (you've typed With Prejudice) seeking confirmation that all documents they sent were from the original parties? Presumably this was because you suspected the Barclaycard cover letter with your recon CCA was a forgery rather than a reconstituted document, or even the fact that you don't believe that the document existed in the first place.

WP correspondence relates to settlement offers which you don't want the court to see so they're privileged (private) between the parties (until after the DJ's decision). This may have been the reason why the solicitors ignored that too.

If your Defence was 50 pages then you have possibly made the Claimant aware of all your observations which may enable them to remedy those issues before the Hearing (depending what you said in those 50 pages of course).

You've not mentioned Statute Barred as an argument so perhaps your concerns over where the £1 payment went may not make a huge impact on the DJ in the overall scheme of things. As I said earlier, it's not fraud since they didn't deceive you into sending them the money, and in theory only you have benefited because the outstanding balance on your account has been reduced as a result. At the time they did that you owed them the money, hopefully that will change when you win your case

So at the moment you're waiting for your local County Court to send you the Notice of Hearing which will include the judge's Directions telling you the date the Trial has been listed for and what you have to do and when by, such as your Witness Statement typically 14 days before the hearing.

I would still send a SAR to Barclays so that you can cross check the evidence that the Claimant produces as exhibits with their WS.

There's a template letter here > http://forums.all-about-debt.co.uk/s...l=1#post495040

If you need any help along the way then give us a shout.

Di

[Moopheeone]

Re: CCA Request Payment.

Thanks Di, will send SAR and see what I get back.

[Moopheeone]

Re: CCA Request Payment.

SAR, sent to Barclies 7th March, letter from court today giving notification of hearing date
middle of may, must file and serve Witness Statement now by middle of April, that is 1month
before the hearing, have read that normally 14 days before hearing not 28 is this an issue.
Also do I need to send all of my defence letters and docs as well or just mention them in the
Witness statement as all parties have already had my full defence. Any advice will be appreciated.