Hello, This is my first ever time posting on a forum of any nature so I feel a little out of my depth but I would really appreciate the advice of the highly knowledgeable and helpful people on here. I am not very good at writing so have written points rather than paragraphs and have tried to be detailed and concise (I hope). I had a Barclaycard account. The account was opened in January 1997. The account was opened by filling in a form in pen and sending it off in the post. In 2015, I had a few personal and financial issues which led me to being late with paying the bill many months, sometimes missing a couple/few months altogether and mostly only making the minimum payment. Before, this I had always paid the monthly bill in full and on time. Eventually, due to 6 consecutive missed payments, the account was passed to a DCA called Allied International Credit (AIC). According to my Experian credit report, the 6th consecutive late payment was 10 months ago and the Account Settled date is 30/10/2018 and which tallies up but I do not know whether this is correct, although it must be I guess. I do not remember receiving a Notice of Default and/or letter stating AIC would be taking over the account from Barclaycard but may have done as I was not really keeping on top of things plus my post was being opened by my partner whilst I was at work during the day and not passed on to me when I returned in the evenings so I cannot be certain. AIC sent me letters on two occasions (as far as I know) asking me to get in touch to discuss the account which I never did – I shredded these letters shortly after receiving them. AIC also called me every weekday on my mobile for a few months but I didn’t ever answer. A month ago, Barclaycard wrote to me to inform me that they had instructed Wescot to deal with the account. I shredded this letter. On 21/08/2019 I received a letter titled “Notice of Debt Collection” from Wescot dated 17/08/2019, requesting me to contact them to discuss the account. As I am a bit more on top of things now, I decided to Google what to finally do about the situation. Thanks to the many amazing people who post so informatively, I was able to understand that I should request the following: 1. A true copy of the alleged agreement referred to as per the legislation contained within s.78 (1) Consumer Credit Act 1974. 2. A full statement of account. 3. A signed true copy of the deed of assignment of the referenced agreement. 4. A copy of any other documents referred to in the agreement. So, I emailed Wescot on 21/08/2019 requesting the above details. Wescot replied with an email on 23/08/2019 stating they had “passed my request to Barclaycard and asked that they provide this documentation to them. However, please be advised that a deed of assignment is not applicable as we have not purchased the account, and are managing this on behalf of Barclaycard. Your account will remain on hold until we receive this documentation from our client, at which time we will contact you to provide this.” Wescot also sent me a letter a week or so later, stating that my requests were being investigated and that “this process may take several weeks”. On 10 September 2019, I received a letter along with "Varied Terms and Conditions" from Barclaycard. I have attached the letter and the first 2 pages of the “Varied Terms and Conditions” because the file becomes too large to attach if I include all the 14 pages of that document plus they are probably irrelevant. I am confused for many reasons because e.g. Barclaycard state that they "do not have a valid Letter of Authority" to allow them to respond to my representative when the representative is actually theirs! I guess this is not entirely important to the situation! I am also concerned as to what to do next. Barclaycard may find the CCA at some point, making the agreement enforceable. I think they would be keen to try and find it as the outstanding balance is £12,651.20. (I notice that Barclaycard’s letter has incorrectly stated it as £1,2651.2 which would be great if it were true but they’ve just put the comma in the wrong place). So, if Barclaycard find the CCA, they would be in a strong position to demand the whole balance. As things currently stand i.e. Barclaycard are unable to “provide a copy of the executed agreement”, are Barclaycard correct when they say in their letter that “their rights continue” and that I “will need to continue to pay the debt”? Would Barclaycard still need to send me a Pre-Action Protocol Letter of Claim before commencing any court action for a CCJ? (I wouldn’t want court action to commence out of the blue one day). Should I make an offer of a small settlement to avoid any chances of court action in case Barclaycard find the CCA and so I can put an end to this matter right now? I do not know how much of the outstanding balance is made up of late charges and interest but it would probably be a large chunk of it. Barclaycard state in the letter that they are “unable to fulfil my request” for a Statement of Account as this would help clarify what the debt is made up of. Should I request the monthly statements attributing to the debt to find out? This may also help if they do “instruct a third party to demand payment” again? It’s almost as if the account has started back up again because they have sent me the “Varied Terms and Conditions” – am I right in thinking this? I would be extremely grateful for any advice on the above and hope I haven’t rambled too much and been too irrelevant. Thank you very much Barclaycard for CAG forum.pdf

Hi. You seem to have left your name on the pdf. I recommend you remove to keep this anonymous. HB

So you ask for advice as to whether you should appeal or ignore. Everyone said not to appeal to the parking company, only M&S. You appeal to the parking company. Why???? Lets see the appeal you sent. We need to know what we're working with now in case you've scored an own goal.

My thought today is that my boss is very un-accommodating. I merely asked if I could take the next six weeks off so that I can find some remote island (hopefully somewhere warm) that had an ample supply of red wine and bacon sandwiches and no electronic devices, radios, tv's or any form of media so that I can escape the farce of the General Election and Brexit, when I return it would all be over! Not only did she say no, she said that it would take more than six weeks to be over !

Just to clarify. The amount outstanding will double (give or take a fiver)as soon as the warrant is acknowledge by the bailiff. £70+£75 The first stage fee will be added when the compliance period has passed and if no payment is made To then give a total of £310. The bailiff should not have called until the NOE was sent and 7 days had passed.

After the hearing the defaulter should be made aware of the judjement. And given time to pay. Thereafter the judgement details are sent to the fines officer. The fines officer should send a notice of "further steps" to the debtor, itemising the things he may do to enforce: Bailiffs, Attachments of earnings, etc You get a further 10days to pay. The debtor may contact the court/fines officer, with a income and outgoings statement and an offer to pay. If this arrangement is defaulted, the fines officer will generally transfer the case to the Bailiffs. Once the Bailiff acknowledges receipt the warrant and signs for it, fees are due, in the form of the compliance fee(£75). The Bailiff must then send a "Notice of Enforcement" immediately, giving seven days to ring, or contact him, in order to make arrangement to pay. This notice is REQUIRED by law, if it is not sent the enforcement cannot continue. It is pointless trying to contact the court at this point, because they will just refer you back to the bailiff. Once the compliance period has gone by the bailiff can call, and once he does the additional enforcement fee is chargeable. £235. The total due and payable at this point is £310. In the OP/s case, there are two issues that I see. One, was it fair that the fines officer transferred the case given that the amount outstanding would DOUBLE as soon as he did? Two. Was a Notice of enforcement sent before the bailiff called at the premises?

depends what you deem as harassment. 2 or 3 calls a day maybe. they are quite entitled to chase a debt, even if its deemed un-en by them. the sb letter is in the debt collection section of the library once sent they MUST cease .

It contains the relevant info to be admitted as a letter before claim so it must be responded to as such. gte your friend to give us as much info as possible, it wont be the only communication so they must know something. A simple denial of the debt because there is no keeper liability in this matter and that STRICT PROOF of who was driving at the time should be furnished by their client of they intned to continue this folly and lose themselves a vex claim. something like that will slow the process down a little but these idiots prefer to start a claim knowing they cnat answer the question but hoping that the defendant makes a mistake/judge lottery sees them win

Try route 1 and give M&S head office a call and tell them that 2 hours customer parking is allowed and your charge is thus just cobblers and do they want to be associated with this event when it is widely circulated that they are employing people who use deception at at best criminal incompetence to manage their estate for them. See my new post on a problem for a Sainsburys customer, persistence with the M&S chief exec's office is a must. The local store wont have the power to intercede so just pick up the phone and call head office, In the meanwhile I suggest that you do not contact the parking co as they are as greedy as they are stupid but will tell the store that they ahve sorted the matter out when all they will do is send another demand having told you your appeal has failed. BTW, the NTK you have posted up fails to pass the necessaries to create a liability under the POFA as they have failed to say what it is you have doen wrong. Just claiming you are wrong isnt enough, it must be a specific breach of one of the condition as advertised, a generic waffle doesnt fit in with the law but this is for later. I have just posted a thread on a simialr case at sainsburys Wandsworth so have a read

Me thinks that a pair of handcuffs may be used against the defendants! You could ask the court manager to have the 'discontinuation form' checked by the local Force's forensics team as it would appear that a very serious criminal offence has been committed. You should mention this attempted deception in your Witness Statement.

A pretty interesting and, quite frankly, unbelievable update on this case. I called my local court today for an update, as I'd heard nothing for 5 weeks or so. This is a copy of the mail that I just sent to the local court upon their request, as they'd like to move swiftly with my case. They have been brilliant and very helpful today.. "Dear Sir / Madam, Re: Case Reference ** ** vs. EMC Car Sales After contacting your court today for an update regarding the above case, it was brought to my attention that the case status was “Discontinued by the Claimant”. I’d like to advise that I, as the claimant, have NOT applied for this case to be discontinued. Indeed, the process for this would be to fill in a form, of which I did not know existed until today. I request that this discontinuation request is removed so that the claim can continue. Further investigation today by the very friendly and helpful team at has revealed that a discontinuation form had been filled in in my name and registered on 13/05/19, and that it had been signed with a signature not matching my own. It is hoped that the above clarifies my position regarding this case. Please do not hesitate to contact me in the first instance if any more information is required"