Patch's Diary

[patchouli]

Re: Patch's Diary

Since this account was opened in 2009 it's unlikely to be unenforceable.

My suggestion would be to send the LBA Response template letter which asks to see the DN and NOA. This was a MBNA account so there may be paperwork errors.

LBA Response template is here (edit to suit) > http://forums.all-about-debt.co.uk/s...l=1#post495044

Plan B x

The LBA mentions NOT receiving the CCA.. should I delete that section?

[Never-In-Doubt]

Re: Patch's Diary

The LBA mentions NOT receiving the CCA.. should I delete that section?

Yes, wipe the whole paragraph.....

Correct link is here --> http://forums.all-about-debt.co.uk/s...l=1#post495044

Your response will read like this......

Dear Sirs,

Reference: 123456789

Thank you for your letter of the xx/xx/xxxx, which for the avoidance of doubt is being treated as a formal letter before action.

I refer you to the Practice Direction-Pre-Action Conduct (“PD-PAC”). In particular I refer you to paragraph 1 of PD-PAC which states that its purpose is to “enable the parties to settle the issues between them” and to encourage the parties to “exchange information”. Compliance with the PD-PAC will mean that proceedings will be avoided if possible and cases that proceed to trial are dealt with efficiently.

The court will take into account failure to comply with PD-PAC. I put you on notice that I have asked for copy documents and that you have failed to send copies of them to me. If proceedings are issued I will therefore inform the court of this and ask that sanctions are imposed for this failure and in this regard I refer you to paragraph 4.4 (4) PD-PAC which lists as an example of non-compliance with PD-PAC a circumstance where a party has - “without good reason, not disclosed documents requested to be disclosed”.

Paragraph 2.2 (1) of Annex A of the PD-PAC places on you an obligation to “list the essential documents on which the Claimant intends to rely” in your letter of claim. I could not identify any such list in your letter of claim. Please list your documents so that I can see the case against me and request copies of anything that I need to assist me in narrowing the issues in this matter. You will note that paragraph 3.2 (3) of Annex A of the PD-PAC permits me to “request further information to enable (me) to provide a full response”. In this instance that request is in the form of a request for documents as the information that I seek is within those documents. Paragraph 5.1 of Annex A states that you should “provide the documents requested by the defendant within as short a period of time as is practicable or explain in writing why the documents will not be provided”.

For the avoidance of doubt the documents that I require to be sent to me are as follows:

1. A copy of the original credit agreement;
2. A copy of the Default Notice;
3. A copy of the Termination Notice;
4. A copy of the Notice of Assignment;
5. Copies of statements;
6. Copies of any communication between yourselves and the creditor.

The documents listed above are all ones that I would expect to be disclosed during the course of proceedings and which would likely be in your possession when drafting a claim in any event so their production to me should not cause any difficulty to you. If you do consider that there is difficulty in providing a copy of a document please identify that document and the reason for its non disclosure at this stage.

Upon receipt of the documents requested and your reply to the above I will respond with the grounds for my defence so that the issues can be identified. I am willing to consider ADR upon receipt of full disclosure of documents. I cannot consider it before then as I will not have the full information before me. Failure to provide full disclosure may therefore result in an opportunity for ADR to be missed; regards paragraph 9.7 of PD-PAC, it is my view that you will be unable to state that there has been the required compliance in the absence of full “cards on the table” disclosure of documents before proceedings have been issued.

I anticipate being able to provide you with a full response to your aforementioned letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.

Yours faithfully,



Sign Digitally / Type Name

[patchouli]

Re: Patch's Diary

Thank you Niddy.. did you get the CCA I emailed?

[Never-In-Doubt]

Re: Patch's Diary

just sent in .zip form

Thank you Niddy.. did you get the CCA I emailed?

Sadly it is indeed enforceable - it's post 04/2007 and all on one page but there are other things we can consider, so for now send the LBA Response and see what happens..... don't worry that it is Enforceable.

p.s. your CCA was from May 2014 - not this year

[patchouli]

Re: Patch's Diary

Yes that's correct... ok LBA will be sent today.. thank you xx

[The Tech Clerk]

Re: Patch's Diary

Yes that's correct... ok LBA will be sent today.. thank you xx

Recorded Delivery

[patchouli]

Re: Patch's Diary

Recorded Delivery

Always signed for, don't worry! :-)

[patchouli]

Re: Patch's Diary

LBA sent and was signed for today.

[The Tech Clerk]

Re: Patch's Diary

keep copy attach to your letter copy!

[patchouli]

Re: Patch's Diary

keep copy attach to your letter copy!

Always do! xx

[The Tech Clerk]

Re: Patch's Diary

Always do! xx

[patchouli]

Re: Patch's Diary

• Type of account Barclays CC (mine)
  
  
• Date commenced05/06/1998
• Approx balance £2,481.48
  
  
• Date last paid December 2013
  
  
• Are you on arrangement or not paying not paying since December 2013
  
  
• Status
  
  
• Account owner Barclaycard / westcott
• Current state of play

24th January 2014 - Two texts telling me to expect a text, two texts telling me I am late paying.
And now the automated calls have started.....
28th Jan - text "Barclaycard are here to help"
29th January 0844 calls at 08:51 - 18:43 - 20:15 - 20:16 - 20:16
30th January 0844 calls at 08:43 -
31st Jan 0844 calls at 09:38 - 19:09 - 20:37
1st February - text telling me to expect a text. Text then telling me I was a 'little late' again.
2nd Feb - 0844 calls at 09:38 - 18:05 - 20:20
4th Feb - 0844 calls at 11:58 - 18:14
5th Feb - text telling me I am a little late paying
6th Feb - 09:33 - 19:08 - 20:36
7th Feb - 0844 calls - 17:52
8th Feb - 0844 calls - 17:40 - 19:59
13th Feb - text telling me to expect a text.
13th Feb - Text telling me my payment is a 'little' late.
17th Feb - text telling me they are here to help if I need them... nope.. I has AAD!
20th Feb - 0844 calls at 09:13 - 09:14 - 18:53 - 19:09 - 22:25 -
22 Feb - 0844 calls at 09:47 - 18:21 - 20:34 -
24th Feb - 0844 calls at 08:59 - 20:18 -
25th Feb - text telling me my credit rating could be affected... HA! No shit Sherlock!
26th Feb - 0844 calls at 09:31 -
27th Feb - 0844 calls at 16:43
28th feb - 0844 calls at 09:11 - 18:52 - 20:23
1st March - text telling me they have tried to call me, I need to call them or pay at www.I'drathereatskunk.com
2nd March - 0844 calls at 09:25 - 17:44 - 19:57
4th March - 0844 calls at 08:47 - 18:40 - 20:14
5th March - text telling me they have tried to call me, I need to call them or pay at www.kissmyass.com
6th March - 0844 calls at 09:25 - 19:01 - 20:34
12th March, had enough of all the calls to my mobile so I diverted them all to voice mail :-)
14 texts
45 calls

27th February CCA request sent.
3rd March CCA signed for by 'JOHN' .. does this mean the texts and calls will stop?
7th March letter dated 3rd March arrives.. they are concerned and I need to pay or they will 'Set off' on my Barclays account.
8th March letter dated 5th March arrives.. Reply to my CCA arrives, no signature. Copy sent to Niddy. UE must send MPT
26th March letter dated 19th March from Mercers DEFAULT...
27th March sent MPT
28th March missing PT signed for by STARTIN
3rd April letter dated 28th March arrives, no mention of MPT but saying they will pass debt on.
10th April letter dated 1st April saying they have replied to my query regarding MPT pay up.
29th April letter dated 23rd April saying Despite our efforts, you need to call us, may be passed on to local DCA, may call at your address, call us now.
28th May letter dated 21st May from MERCERS.. we can help, call us now, I've missed 5 payments, if I pay 3 now they will pay the other two. No mention of my request for missing terms.
4th July undated letter from MERCERS ... We would like to discuss your current situation and offer you repayment options or we will close your account and the full amount will be due.
6th August letter dated 1st August from Barclaycard saying Formal Demand for Payment - as I haven't complied with the default notice payment is due in full within 14 days. If I don't then they will get a DCA involved and register my naughtiness with credit ref agencies..
13th August letter saying my account has been passed to WESTCOT I should contact them as a matter of urgency... filed
16th August letter from WESTCOT saying they have been isntructed by their client and I need to contact them in 10 days to avoid further recovery action... filed
26th August letter from WESTCOT saying they've confirmed I live here, if I don't contact them they will start telephone, text and letter harrasment... filed
28th August BARCLAYCARD send me improved terms and conditions letter.... do what now?... filed
5th September letter from WESTCOT offering reduced settlement on the £2,883.26 owed.... filed
21st September letter from WESTCOT again offering me an 'opportunity to take control in a way that suits me'... yeah well that would be to file this letter then.
2nd October letter from 2F (which is Westcot) bascially saying "we know you live there, call us or Barclays will be taking additional action to re-establish contact with you.... filed
6th October telephone answer message saying "Please telephone to as on 01482380680. we-are open from 8:00am to 8:00pm Monday to Friday and 8:00am to 4:00pm on ... Thank you." (my 'phone converts voice to text. The 'to as' is infact 2F)
9th October telephone answer message saying "Please telephone to as on 01482380680. we-are open from 8:00am to 8:00pm Monday to Friday and 8:00am to 4:00pm on ... Thank you." (my 'phone converts voice to text. The 'to as' is infact 2F)
26th November - Letter from Barclays saying the debt has been passed on to MOORCROFT.
29th November - Letter from MOORCROFT saying they have my debt.
6th December - Letter from MOORCROFT saying they haven't been able to contact me if I don't reply to this letter they will be forced to contact me again or another DCA might.
26th December 2014 MOORCROFT installment offer
10th January 2015 MOORCROFT you havent paid
20th january MOORCROFT discount offer
24th March 2015 letter from both BARCLAYCARD and MK Rapid Recoveries saying they have bought the interest in the account
8th April MK Rapid Recoveries you haven't paid
20th April MK Rapid Recoveries you still havent paid.
21 October 2015 Letter from HOIST PORTFOLIO HOLDING 2 LIMITED telling me MKDP has sold all rights to them, HPH2. They have instructed ROBSON WAY to collect payment.

26th November letter dated 21st from ROBSON WAY saying they want to work with me to get a payment agreement. Enclosed a financial statement form.

26th November letter dated 21st from ROBSON WAY saying they want to work with me to get a payment agreement. Enclosed a financial statement form.

Should I send a SID letter?

[patchouli]

Re: Patch's Diary

edit... got muddled. irrelevant post deleted.

[Pixie]

Re: Patch's Diary

26th November letter dated 21st from ROBSON WAY saying they want to work with me to get a payment agreement. Enclosed a financial statement form.

Should I send a SID letter?

On the Barclaycard (MKDP) Sold to Hoist Portfolio it seems that quite a few have received these letters with financial statements and have just filed them. Why not update there as well?

[patchouli]

Re: Patch's Diary

On the Barclaycard (MKDP) Sold to Hoist Portfolio it seems that quite a few have received these letters with financial statements and have just filed them. Why not update there as well?

Ahhh yeah I forgot about that... updated

http://forums.all-about-debt.co.uk/s...l=1#post539326