An update on the thread above . Today i have a letter from Litigators attached to Barclays they demand repayment of some normal mortage arrears which i can pay by the months end and in addition they demand repayment of the mortgage account reserve which is around £40k which i can not repay without time , i can sell an assett   , a second property but this will take time  in this climate .

Barclays did not respond to my SAR of May17th in relation to the above 2 accounts . I have sent a copy of the SAR via e-mail to the Litigators .

Any advice on how to buy time from them , there is 3 years 7 months remaining on my mortgage and i had planned to repay the mortgage account reserve at this time .

Many Thanks 

Andy

The proprietor of the Charge dated xxxxxxxxx 2006 referred to above is under an obligation to make further advances. These advances will have priority to the extent afforded by section 49(3) Land Registration Act 2002.

I just found this posted a year after the original charge 

My Mortgage is also with them so they have 1st charge on the property as expected and i would imagine this extends to the mortgage reserve / over draft .  My issue is a 4 day notice to repay in full when i had it expected it to fall due at the end of the mortgage term . 

What enforcement actions are they likely to take given i am not in a prosition to settle this now ? 

Thank You 

Hi , I have a Mortgage Current Account Reserve originally with Woolwich which was taken over by Barclays going back to 2005 /6  . I have 3 years and 7 months remaining on my Mortgage and was aware that the reserve would also need to be repaid in full at that stage . 

To my suprise i received a letter yesterday the 16th May ,  dated May 10th demanding the entire sum to be repaid by 20th May and the account to be closed. 

Am i able to challenge this decison and what is the procedure moving forward if i can not repay it . I believe this is charged against my property for security . 

Over the years they have gradually reduced my reserve amount and i have seen others on this forum compromised by Barclays action but not yet seen someone asked for the full amount , with such little notice . 

I have tried to reach Barclays on the number provided but they are unable to find the team that would deal with it and the letter is not recognised on their sytems . 

For what it is worth i have issued a SAR and CCA Request to try and slow the process in the absence of being able to speak to someone from Barclays . 

Any guidance moving forwards would be hugely appreciated . 

Many Thanks 

Many Thanks I wasn't sure if it was a ploy .

Andy

Hello kearns acknowledge my CPR 31-14 request and they say ( letter to follow ) that they need 28 days to acquire the documents they rely on .

In the meantime they promise in writing that they will not attempt a judgement by default and will allow 14 days after comply with the CPR Request for a defence to be issued.

Are they to be trusted or should I draft a defence in the absence of these documents ?

Finally is now a good time or is it detrimental to make a low offer for full and final settlement on a without prejudice basis .

Thanks

Andy

I think I have managed to do it in Adobe .

you can see for starters the date signed differs from the Particulars of claim .

Fortunately we have the original statements for both accounts ,

I can categorically show it belongs to a different card.

Thanks

Andy

old CCa return.pdf

I got the impression that they have not used decimal points in the Particulars and its £1.62 a day on that basis. The claim amount and interest amount to £100 more than the AMOUNT CLAIMED in the totals box of £ 9751.72 .

All of above steps actioned thanks for your help .

Many thanks

Andy

Name of the Claimant ? IDR FINANCE UK LTD represented by KEARNS SOLICITORS

Date of issue – 27-03-2107

Date of ack [AOS] 14-04-2017

Date for filing defence = 28-04-2017

What is the claim for –

1.The claimant claims the whole of the outstanding balance due payable under an agreement xxxxxxxxx and opened and effective from 10/11/2000.

2.The agreement is regulated by the Consumer Credit Act 1974 , was signed by the defendant and from which credit was extended to the defendant .

3.The defendant failed to make payment as required and by 29/11/2015 a default was recorded.

As at 21/11/2011 the defendant owed Barclaycard PLC the sum of 766577.

4.By an agreement in writing the benefit of the debt has been legally assigned to the claimant effective 21/11/2011 and made regular upon the claimant serving a Notice of Assignment upon the defendant shortly thereafter .

5. And the claimant claims

1. 774477

2. Interest pursuant to Section 69 County Court Act ( 1984) at a rate of 8% per annum from 06/08/2013 to 24/03/2017 of 210695 and thereafter at a daily rate of 162 to the date of judgement or sooner DATE 24/03./2017

.What is the value of the claim? £10261.72

Is the claim for a CREDIT CARD

When did you enter into the original agreement before or after 2007? BEFORE 2000

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. ASSIGEND TO IDR FROM BARCLAYCARD

Were you aware the account had been assigned – did you receive a Notice of Assignment? YES

Did you receive a Default Notice from the original creditor? YES FROM MERCERS IN 2011 SEE PDF UPLOAD PREVIOUS post

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO

Why did you cease payments? BECAUSE THE CCA I REQUESTED FROM THE CREDITOR DID NOT TIE UP WITH THE CARD IN DEFAULT ( WRONG CCA PROVIDED BY CREDITOR )

What was the date of your last payment? 26-07-2013

Was there a dispute with the original creditor that remains unresolved? NO

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? YES AGREED £1PCM WITH NO INTEREST WHICH THEY ADHERED TO THE SUMMONS NOW CLAIMS INTEREST FOR THE ENTIRE PERIOD

Here is the summons and the original default notice

Scan0089.pdf

Scan0090.pdf

Hello

I have done nothing since their warning .

Today we have received a Summons for £10261.72 the outstanding debt on the NBA letter was £7644.77

The Particulars of claim state the date of opening as 10-11-2000 and that the agreement was signed by the defendant .

They also say that a default was recorded as of 29/11/2015

When I wrote and asked for a copy of the CCA they replied with one signed 04-09-2000 .

Also within the SAR was a letter from Mercers dated 7th June 2011

Default Notice served under Section 87 of the CCA 1974

I have around 12 days to respond

What is my best course of action please as I have yet to see sight of the CCA signed on 10-11-2000 and believed that when they sent me the one dated 04-09-2000 which does not correspond to the account I am summonsed for .

Many Thanks

Andy

Yes as if it is a default for the first time . Entered 2015 expired 2021.

I have never seen the mercers default appear on any credit file .

Andy

What was the relevance of the default date from Mercers ? Was it that had it been January 11 it would not appear on a credit file or something else ?

Thanks

Andy

June 2011 from Mercers who acted on behalf of Barclaycard sent the default letter and it's included in the SAR

Andy .

In the mind of IDR yes . It's not accurate however .

Thanks

Andy

Looking through the SAR I could not find any codes , however there was a letter dated June 2011 from Mercets . It's a default notice .

Regarding the CCA I got one back from Barclays but it's got the wrong card .

The 2011 default notice dies not show on any credit files however .

Andy

I will look at the SAR will it be easy enough to spot as I find them difficult to understand .

Thanks

Andy

No the OH

Thanks

Andy

Thank you

The DEFAULT has been added 4 years after the account fell in to arrears and was sold .

1. I assume if i win at County Court i can ask for the default to be removed ( still has 4 years to run ) and that they can not commence proceedings again for the same debt ?

2. If i never goes to court . Once i have gone 6 years without paying anything to this debt , can i apply to get the Default removed on any grounds ?

Thank You

Andy

Hi this is an old Barclaycard debt that they did not default before selling on to IDR and managed by LINK

The last payment on the account was 4 years ago

A default has bow been placed by IDR

However when asking for the CCA they reffered it back to Barclays who provided one for an entirely different account , absolutely nothing to do with this one.

2 questions

1. In order to get a default does the creditor need to supply the CCA ?

2. In order to prosecute via the County Courts do they need to supply the correct CCA and if they start proceedings with the wrong one , do i just go to court and argue its the wrong CCA or alert them ?

Many Thanks

Andy

Thank you

Hi All

My defaults are dropping off my file . Can a second default be initiated against any of them , either by the original lendor or DCA new or old. ?

Or is it one default term per debt ?

Thanks

Andy

They NOW say in writing

We confirm our client has offered you a ##% full and final settlement discount on your current balance £### , and the county court judgement obtained 8/12/16

Settlement Amount £###

Payment due date ######

Please note that if payment is made by ##/12/2016 and within 28 days of the county court Judgement being obtained ( which it is ) we will contact the county court business centre and ask to stop the judgement to be registered . If payment is not received by the due date judgement will be registered .

Please note if the payment sum shown above is not received by the due date our instructions are to pursue you for the full outstanding balance .

I took that point on board and asked them to include an additional sentence confirming payment would be full and final settlement of the debt and county court judgement and as such it could never reaper on my credit file .

I will let you know the result of that request in the next few days .

Thanks