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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Noumidia

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Everything posted by Noumidia

  1. Noumidia
    Hi, I am tying to defend a court claim issued against my wife from capquest regarding and debt assigned to them from BOS. On 19/07/2013, BOS wrote to my wife to notify her that Bos has assigned the debts to crapquest. I have not heard from capquest until 03/06/2014 issuing a court claim while i am disputing a PPI case against Bos. Last year I had a SAR and I noticed that Bos charging more interest than the one I calculated using loan calculator under the same term, I believe that Bos added a premium insurance without my knowledge which they denied it. My question can I defend the claim of capquest using the defence that the a/c is still in dispute against the original creditor. POC: Monies due under regulated credit agreement no xxxxxxxxxxxxxx between Lloyds Banking Groups and the defendant the benefit of which was assigned to the claimant on 28/06/2013. The agreement terminated upon the defendant failure to comply with the term of the Agreement. Date of the claim 30/05/2014.
  2. Noumidia
    Hi I just would like to thanks all CAG members who helped with this claim.The barclays credit card payed all my charges with compound interest, their terms was to keep the detail of settlment confidential.
  3. Noumidia
    I did check my credit file and there is no entries relating barclays card, therefore I shouldn't worry about the 3rd condition.
  4. Noumidia
    Ok, Andyorch thanks for your help. I will email barclay litigation department and state my condition of the offer: 1) I am not a tax payer and if the deduct the tax from the compentiation,they need to send me a tax certificate of payment. 2) The payment shoul be made as cheque and not in the barclaycard A/C. 3) Wipe out any data on my credit file relating to barclaycard debt. 4) Not*to set off the £xxx in respect of an account which you sold to a third party (lowell). The amount you repay to me will be used to clear debts owed to creditors on a pro-rata basis at my discretion. My point is they sold my A/c to DC for a fraction of the value of the original debt and set off in account book as bad debt for tax purposes. Now they are saying the brought it back and the wanted to set it off against the settlement.* "The authority for my views is the case of Edlington Properties v. Fenner & Co. Ltd [2005] EWHC 2158 (QB) which affirms this position that the assignor has no right of set-off to a third party (assignee) for a damages claim brought against it post-assignment, as any equitable set-off in this regard is personal in nature and the debt sold is not transferred subject to it." Any comment or I am pushing my luck?
  5. Noumidia
    Ok, Andyorch thanks for your help. I will email barclay litigation department and state my condition of the offer: 1) I am not a tax payer and if the deduct the tax from the compentiation,they need to send me a tax certificate of payment. 2) The payment shoul be made as cheque and not in the barclaycard A/C. 3) Wipe out any data on my credit file relating to barclaycard debt. 4) Not*to set off the £xxx in respect of an account which you sold to a third party (lowell). The amount you repay to me will be used to clear debts owed to creditors on a pro-rata basis at my discretion. My point is they sold my A/c to DC for a fraction of the value of the original debt and set off in account book as bad debt for tax purposes. Now they are saying the brought it back and the wanted to set it off against the settlement. "The authority for my views is the case of Edlington Properties v. Fenner & Co. Ltd [2005] EWHC 2158 (QB) which affirms this position that the assignor has no right of set-off to a third party (assignee) for a damages claim brought against it post-assignment, as any equitable set-off in this regard is personal in nature and the debt sold is not transferred subject to it." Any comment or I am pushing my luck?
  6. Noumidia
    Hi Andyorch they want me to sign the agreement offer and notice of discontinuance, so when do I have to sign the notice (N279) ? After I receive I receive the money ?
  7. Noumidia
    Thanks Andyorch for the detailed explanation, by the way my claim is to do with credit card charges no PPI .I do understand that same rules are applied when it come to the tax. At the moment, I am unemployed it is possible to claim the deducted tax back or tell barclaycard not to deduct the tax and i will take full responsibility regarding the tax issue. 2) I do have another barclaycard (visa) with a lot of charges over the years, does it means I am not allowed to file a claim?according to their second condition (see #52). 3) They also mentioned, barclaycard bought back the debt from Lowell group . Therefore they will deduct an £xxx from the settlement. My question do I need to see the evidence of their purchase as I have seen a case in this site one of the member had a similar case, BC deduct an amount from the settlement money and when he checked his credit file he found that the debts was reported by DC as not settled.
  8. Noumidia
    Barclay they made me another offer and I have till 18/11/2013 to accept it the offer is made of the original charges + interest However, barclays saying 1) I need to pay income tax on the interest that I have claimed as it's compensation payment. Therefore barclays will deduct 20% from the interest awarded. 2) The settlement sum will also cover any other claims may be said to arise out of the same fact. Can I I deal with the tax myself? I don't understand what do they mean the second condition? Any hep will be appreciated as I have only few days to make a decision.
  9. Noumidia
    I don't know they sold the debt to Lowell , I still owe 770 to D/C not to Barclaycard
  10. Noumidia
    Is the same a/c and was sold , unless they buy it back again.
  11. Noumidia
    Yes they mentioned in their offer's letter that any refund will be forwarded into Barclaycard a/c which have an outstanding balance of £770.However, I rejected the offer and disagree to the refund being set against unless Lowell Financial Ltd agree to it.
  12. Noumidia
    What a/c term? The a/c was defaulted in 2006 after that I was paying them £25 a month until 2009 . The a/c was sold to Lowell on 28/07/2011.
  13. Noumidia
    Roughly just over £2,000.I don't mind saying how much, you know well that BB do read this forum that why I don't want to reveal all the all informations.I could PM you if you need sensitive informations.Another point, BC keeps saying that the money should be credited into Barclaycard a/c which they sold to Lowell few years ago and I still have the letter from B/C regarding the sale of the account.
  14. Noumidia
    I am claiming charges and compound interests in restitution.The charges were made on Barclaycard a/c between 2004 and 2005.
  15. Noumidia
    Barclays increased their offer from £400 to £600 is still far from what I am claiming. It looks like, I have to face them in the court. While I am waiting for the court direction, I need to start preparing my bundle. I need help to prepare my court bundles.Can anyone provide me with appropriate link.
  16. Noumidia
    Yes Ganymede, the allocation questionnaire (N149) have been converted to direction questionnaire (N180).The draft direction needs to be attached to the (N180) form.
  17. Noumidia
    Today, I am sending a letter of rejection to BC litigation team regarding their lousy offer to settle my claim. This is the letter I wrote Dear Ms XXXXXXX I received your letter dated*XXXXXXXX*including direction questionnaire, small claim mediation service and *your offer's letter. However,your offer falls well short of the sum I am claiming and I must reject it.I am confident that you should refund the charges as set out in my Schedule of Charges, including charges older than*6 years*and compound*interest*in*restitution.I will rely upon s.32 Limitation Act 1980 regarding the older charges on the basis of the case of Kleinwort Benson V Lincoln City Council , and upon the case of Sempra Metals v Inland Revenue Commissioners to justify my claim of compound interest in restitution. Again, this will be addressed fully in my court bundle.However, with regard to an outstanding balance on my Barclaycard account, I will remind you that the account was sold to lowell Portfolio Ltd on the*28/07/11.I will not* agreeable to the refund being set against unless Lowell Financial Ltd agree to it.If Barclays do not refund the charges and interest as set out in my Schedule of Charges (plus further interest to the date), I will continue with court action and, in this connection, l am preparing my Direction Questionnaire ready to File and Serve to the court and to*Barclays*respectively. I will not agree to confidentiality unless you are prepared to pay for my silence. I look forward to hearing from you. Mr XXXXXXXX NB: Please use the following email for any further correspondence.*XXXXXXXX@gmail. Com
  18. Noumidia
    Wescot got away with it because I went abroad to help the family business for a while as one of my brother was ill for while. Now, I am back again to deal with banks and DC. Thanks for asking.
  19. Noumidia
    I am not happy with their offer because their offer is actually bellow than the charges BC charges me over they years (£500).Also BC sold my A/C to lowell who filed me with a bankruptcy and face them in the court and I won. The A/C is not statute barred because in 2009 they took about £900 from my Barclays current A/C.
  20. Noumidia
    Here is the letter
  21. Noumidia
    oop somthing went wrong
  22. Noumidia
    [ATTACH=CONFIG]46823[/ATTACH]
  23. Noumidia
    I haven't sent mine tied, I was waiting for them before i make a move, I am scanning the letter they send me and have a look to their usual tactics.
  24. Noumidia
    Thanks Andy for the tip
  25. Noumidia
    Today, I received a letter (Without Prejudice Save As To Cost) from Barclaycard offering me to settled the dispute including 1) Copy of their N180 (Directions questionnaire). 2) Notice of discontinuance (N279).In case I accept their offer. 3) The also agree to this case being referred to the small claims mediation service. I'm rejecting their offer because the offer is very low and I don't like their intimidation saying "Should you decide to reject the bank's offer, we reserve the right to disclose this letter to the court in relation to the subject of cost. Please can any one advice how to publish the copy of Barclays letter they send me, so everyone can read it.

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