Adinuff's UE Diary

[Adinuff]

Re: Adinuff's UE Diary

Barclays Bank (joint current account)

Balance approx £4785.11

Default date 08/2006

Default amount £6011

DMP (Payplan) - £13.89 monthly Stopped Paying

Barclays Bank Plc CDS Collections

21/01/13 - SAR sent
21/02/13 - SAR received. All statements received.Need advice on claiming back charges and validity of OD if applicable

06/03/13 - CCA request sent as per template on Overdrafts section

07/03/13 - reduced payment to £1

14/03/13 - Received letter back from Barclays stating : You have asked copies referring to Consumer Credit Act. Sections 77 and 79 do not apply to running account credit agreements, such as overdrafts. therefore they are irrelevant to your current account overdraft. Section 78 does apply to running account credit agreements, but it refers to "executed agreements(if any)"
Barclays standard practice means that customers did not sign agreements for overdrafts on current accounts so no executed agreement within the meaning of section 78. (provided at relevant time) that overdrafts on current accounts do not need to be documented in the same way as loans and CC agreements. Section 78 also refers to a statement of accounts, which will be provided upon payment of £1.

24/03/13 - Drafted response letter in templates section. Will post tomorrow

19/6/13 - Received letter from CDCS Collections Services. According to our records there is an arrangement in place for the above account to receive repayment of no less £xx.xx. Payments must be made asap.Gonna ignore

18/07/13 - FINAL NOTICE - unless full settlement is made immediately your account will be place in the hands of a professional debt Collection agency for the recovery of full balance. Please be aware that we may transfer funds that you owe in current, savings or other accounts to reduce or repay in full. Gonna Ignore but need some advice.

26/07/13 - Letter from Barclays .Responsibility for collecting debt has been transferred to BCW Group limited. Ignore

29/07/13 - Letter from BCW group we have been instructed by Barclays to recover an outstanding amount of £5330.48.

09/08/13 - Letter from BCW Group. We wrote to you recentloy regarding your outstanding balance with Barlcays PLC and regret to note the blance of £5330.48 remains outstanding. We are in a postion to provide support and adivce. But if you do not contact us we will have no option but to escalate thisd matter. Gonna ignore.

13/08/13 - Letter from BCW group. We have written to you on two separate occasions and you have ignored both attempts to contact you. In the previous letter we mentioned that we have a very limited time scale in which to resolve this matter given the age and value of the debt occurred this period has now elapsed and a report has been submitted to a debt investigation officer. The officer may conduct a site visit to your home to assess your circumstances and to make arrangements for repayments.

14/08/13 - Letter received from BCW Group. We recently wrote to you regarding the outstanding balance with our client, and we regret to not the balance still remains outstanding. With this in mind , i am able to offer you an opportunity at a discounted rate of 40%. Please ring immediately to discuss this matter further.

23/01/14 - Letter received from Barclays. Your account has now been passed to moorcroft .

27/01/14 - Letter received from Moorcroft. The purpose of this letter is to ask you to contact us so we can discuss repayment of this account. please contact us in 7 days.

10/02/14 - Letter from Moorcroft. To prevent further action please send payment in full before 17/02/14. if not we will consider further action. Gonna ignore.

24/02/14 - Letter from Moorcroft. Monthly installment offer. Gonna ignore

27/04/14 - Letter from Moorcroft. Discount offer available. Please ring and discuss possible agreement. Gonna ignore.

28/05/14 - Letter from Home Collection /services. Could be debt free if you agree interest free installments or substantial discount.

Back again,
This account is joint. The CCA request was made in my wifes name. And all responses were sent under her name. Now all the correspondence is being sent in my name. Do i need to rectify this and send in another CCA request under my name to cover myself? Or will her correspondence be sufficient?


thanks


Adinuff

[Adinuff]

Re: Adinuff's UE Diary

Back again,
This account is joint. The CCA request was made in my wifes name. And all responses were sent under her name. Now all the correspondence is being sent in my name. Do i need to rectify this and send in another CCA request under my name to cover myself? Or will her correspondence be sufficient?


thanks


Adinuff

Hi Guys,
Any suggestions on this?

Adinuff

[Never-In-Doubt]

Re: Adinuff's UE Diary

send a CCA in both names, if it is a joint account - surely?

[PlanB]

Re: Adinuff's UE Diary

This account is joint. The CCA request was made in my wifes name. And all responses were sent under her name. Now all the correspondence is being sent in my name. Do i need to rectify this and send in another CCA request under my name to cover myself? Or will her correspondence be sufficient?

Can you just clarify something. Neither you nor your wife have responded to any of the 13 letters sent by Barclays' agents since March 2013?

The last letter was in May this year and nothing since (i.e. five months' silence) so maybe you can continue to let sleeping dogs lie? You can always send a new CCA request in your name (or both names) if they turn up the heat.

This is an overdraft not a credit card which Barclays previously said was not covered by your wife's original s.78 request. Maybe there's no need to open up that can of worms at the moment since no one is threatening you with anything

[Adinuff]

Re: Adinuff's UE Diary

send a CCA in both names, if it is a joint account - surely?

Hi Nids,
Yeah seems like the logical thing to have been done. Cant think why i have only applied in her name. Im wondering if i send a reminder in both names now. Maybe that would cover us for any future eventuality? if not i will send in a new CCA request and reset statue barred clock. let us know.

Adinuff

[ScabHunter]

Re: Adinuff's UE Diary

Hi Nids,
Yeah seems like the logical thing to have been done. Cant think why i have only applied in her name. Im wondering if i send a reminder in both names now. Maybe that would cover us for any future eventuality? if not i will send in a new CCA request and reset statue barred clock. let us know.

Adinuff

Why do you think that sending in a new CCA request will reset the limitation clock?

SH

[PlanB]

Re: Adinuff's UE Diary

if i send a reminder in both names now. Maybe that would cover us for any future eventuality? if not i will send in a new CCA request

I'm not following your logic. You have not corresponded with this creditor since March 2013. They've not sent you any letters for the last five months.

So why would you want to send a CCA request now unless you particularly want to wake them up so they will start chasing you again as soon as you draw attention to yourself

[Adinuff]

Re: Adinuff's UE Diary

Can you just clarify something. Neither you nor your wife have responded to any of the 13 letters sent by Barclays' agents since March 2013?

The last letter was in May this year and nothing since (i.e. five months' silence) so maybe you can continue to let sleeping dogs lie? You can always send a new CCA request in your name (or both names) if they turn up the heat.

This is an overdraft not a credit card which Barclays previously said was not covered by your wife's original s.78 request. Maybe there's no need to open up that can of worms at the moment since no one is threatening you with anything

Hi plan B,
Yeah we haven't replied and no threats at moment from courts. Just seems strange that they are only sending letters in my name since my wifes request. Dont want to be left high and dry if they act quickly and go the court route because i have made a technical error, There is a few questions that i don't understand about process you could you please answer if poss :

So when we go through the process off applying for CCA or the bank overdraft process and the creditor takes it to court :

1. Were hoping judge looks upon our application and sees that the banks have failed in there duty of care to the consumer?

2. Does the judge delay the case to see if the creditor can amend or provide the right information?

3. If creditor provides information and judge agrees it is correct? Will the creditor normally apply for a CCJ against us?

4. If possible roughly what % F&F settlement do creditors agree on? and does this still gain a CCJ against us?

I dont know if im understanding process correctly.

Many thanks

Adinuff

[Adinuff]

Re: Adinuff's UE Diary

Why do you think that sending in a new CCA request will reset the limitation clock?

SH

Hi SH,
Because im engaging in correspondence with them again i thought that sets it back. little confused now

Adinufff

[Adinuff]

Re: Adinuff's UE Diary

I'm not following your logic. You have not corresponded with this creditor since March 2013. They've not sent you any letters for the last five months.

So why would you want to send a CCA request now unless you particularly want to wake them up so they will start chasing you again as soon as you draw attention to yourself

Hi Plan B,
So if they turn up the heat and send me court papers for this account. i can send them another CCA request?

Adinuff

[PlanB]

Re: Adinuff's UE Diary

How long is a piece of string Adinuff?

Seriously though, each case varies according to the facts so there are no definitive answers to your questions but I'll have a go at putting your mind at rest for now:

1. The DJ is there to judge the evidence provided by both sides and not the morals of the bank, so I doubt the "duty of care" argument will wash unless harassment etc becomes an issue.

2. Sadly we're seeing DJ's adjourn hearings so that the Claimant can find the documents they need. It's not fair but it happens. The Defendant has to argue to have the claim struck out instead.

3. If the Claimant/creditor provides solid evidence of the debt then the DJ would probably have no option but to grant a judgement. However there are many ways to challenge the credibility of the evidence the banks provide. Both sides should have disclosed (exchanged) the documents they intend to rely on at Trial in advance which will give you the opportunity to know what cards they're holding and see if you've got any ammunition to destroy their evidence. If it looks doomed to failure then you can make an offer which if accepted could be neatly wrapped up in a Tomlin Order which is not recorded on the CRA files like a CCJ.

4. A Tomlin Order for a F&F agreed by both parties will prevent a CCJ. The DJ can't overrule your agreement, he has to rubber stamp the Tomlin Order.

Now relax, they've not written to you for yonks. They should send you a Letter Before Action before they can issue legal proceedings. We have an awesome template letter on here to send back to them if you get a LBA.

PlanB x

[PlanB]

Re: Adinuff's UE Diary

So if they turn up the heat and send me court papers for this account. i can send them another CCA request?

I know why you're feeling nervous now, it's because you've just received a court summons for another debt. But in that case you seemed to have ignored a LBA sent to you by solicitors in June so they issued proceedings three months later. It's never a good idea to ignore a LBA.

Of course you should send another CCA request now if it makes you feel better. It's your call. All we do on AAD is tell you your options so you can make an informed decision on what you would like to do next

[Adinuff]

Re: Adinuff's UE Diary

How long is a piece of string Adinuff?

Seriously though, each case varies according to the facts so there are no definitive answers to your questions but I'll have a go at putting your mind at rest for now:

1. The DJ is there to judge the evidence provided by both sides and not the morals of the bank, so I doubt the "duty of care" argument will wash unless harassment etc becomes an issue.

2. Sadly we're seeing DJ's adjourn hearings so that the Claimant can find the documents they need. It's not fair but it happens. The Defendant has to argue to have the claim struck out instead.

3. If the Claimant/creditor provides solid evidence of the debt then the DJ would probably have no option but to grant a judgement. However there are many ways to challenge the credibility of the evidence the banks provide. Both sides should have disclosed (exchanged) the documents they intend to rely on at Trial in advance which will give you the opportunity to know what cards they're holding and see if you've got any ammunition to destroy their evidence. If it looks doomed to failure then you can make an offer which if accepted could be neatly wrapped up in a Tomlin Order which is not recorded on the CRA files like a CCJ.

4. A Tomlin Order for a F&F agreed by both parties will prevent a CCJ. The DJ can't overrule your agreement, he has to rubber stamp the Tomlin Order.

Now relax, they've not written to you for yonks. They should send you a Letter Before Action before they can issue legal proceedings. We have an awesome template letter on here to send back to them if you get a LBA.

PlanB x

Hi PlanB,
Been looking into the Tomlin order and since you mentioned it. Never heard of it before. Couple of questions id you know the answers. Dont you think a creditor with judgement in there favor would go for a CCJ and then onto a charging order? I know that people with job sensitive careers can apply for them. What about the rest of us?

Adinuff

[cymruambyth]

Re: Adinuff's UE Diary

Anyone can negotiate a Tomln Order. Court is a lottery for both sides; if it is a small claim, as yours is, then I'm pretty sure that court costs cannot be added to the outstanding balance, so the creditor can lose out twice. They pay their own court expenses and can have a very low repayment set by the court that will outlive everyone, a CO is only a means of guaranteeing payment, it rarely leads to a forced sale.

[Adinuff]

Re: Adinuff's UE Diary

HSBC CC (wife)

Balance Approx - £4205

Default Date - Approx 2006

Default Amount - £5100

DMP (Payplan) - £12.21 Stopped Payment

Sold - Lewis group

06/03/13 - Recieved CCa and SAR for above account.Scanning now and will send to Niddy for analysis. first thoughts are it is enforceable

07/03/13 - Word back from Niddy. Seems like the CCA is enforceable :-(

07/01/13 - Reduced payment to £1

18/03/13 - Letter addressed to wife. "Response to a request pursuant to Section 77 of the consumer Credit Act 1974. we write to your letter dated 25/01/2013???. in normal circumstances the request you have made under section 77 off the CCA 1974 is not valid and HSBC has no obligation to provide the documents you seek. This is because the info relates to closed /repaid products that are no longer in force.
However we have assumed that your request for info is likely to bin relation to obtaining details of PPI that you held with HSBC...goes onto mention CC that they think i have held with PPI. return my £1 postal order for safekeeping.

02/07/13 - Letter From CL Finance. You have failed to make agreed payments towards the concessionary arrangement on account. We require payment in 10 days of the date of letter. Going to ignore.

07/02/14 - We write to inform you by an agreement dated 13/12/13 , CL finance (part of Lewis Group) has assigned all of the rights, obligations and benefits associated with the above account to Hoist Portfolio Holding Lts to whom all monies are due. Please note Robbin Scum are now managing your account on behalf of HPH Ltd. please pay the. Gonna ignore.

08/02/14 - Thank you for paying your account by instalments to a doorstep collector. As from 27/01/14, robin Scum will be managing your account on behalf of HPH Ltd (ex HSBC) However there will be no change to the arrangement that you have with your current doorstep collector. They will be advised that they need to direct all payments to Robbin Scum instead of Lewis Group. Ring us to discuss your account.

16/04/14 - Letter from Robbin Scum. Despite attempts to contact you, the above account remains unpaid. Gonna ignore.

13/06/15 - Letter from CL Finance. Notice of Assignment to Robinscum way Ltd. Im going to reply to this letter. Standard account in dispute template.

13/06/15 - Lettter from Robinson Way. Please call us.


[/QUOTE]

Hi Guys,
I made an error in not replying to these notice of assignments last time. And a court summons landed on my desk for another account. I dont want to make the same mistake again with this one. With this account if i remember rightly they did send a copy which Niddy said was enforceable. I then replied back missing prescribed template as Niddy said for a stall measure. Then i was sent a a Howard Cohen Letter Notice of legal pending notice to which i wrote a reply stating the default of my S78 request. this letter was sent recorded and to the same Howard Cohen address. It was returned 1 week later unopened. Shall i send an account in dispute letter to Robinscum?


Adinuff