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Redmountie999

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Everything posted by Redmountie999

  1. In my original letter I asked them to provide me with copies of all statements pertaining to this account. I thought that what I was paying £1 for?? So do they have to provide a copy of the terms and conditions issued to me at the time of taking this product out? I.e. 1999??????
  2. Thank you Us versus Debt for your help. Please find the below link which will take you to the credit agreement I signed all those years ago. What came out of your conversation with the director of Hillesden Debt? http://i288.photobucket.com/albums/ll178/Redmountie999/scan0002.jpg
  3. i've scanned the Credit Agreement but i'm not sure how to upload it on to here for you all to see? Some assistance would be great.
  4. I received a letter in this morning's post from my friends DLC (aka Hillesden Securities). They have now obtained a copy of my original CCA agreement going back 9 years ago. There letter states that they will now be resuming collection activity on my account. Any advise on how to play my next step folks????? The CCA has arrived well over the statutory limits which some of you have mentioned in your earlier posts. I'm assuming that they have committed a criminal offence, but what can be done about this. My main overall concern is the issue of DLC looking to take court action via a CCJ/Charging Order. In an attempt to avoid any problems like this I continued to pay them for the 2 months I was awaiting the CCA agreement.
  5. I have received a letter from DLC in response to my Consumer Credit Act 1974 (CCA) request. The Director & Data Controller of the company has written to advise me he is in receipt of my £1 CCA request. He also states in his letter that they are awaiting a copy of my original agreement and will forward this when it becomes available. He also says that if they are unable to forward a copy the original agreement they will be able to supply a true copy of the agreement which will mean that they will comply with section 77 - 79 of the CCA. He promised to update me with in 21 days of his original letter. He subsequently sent me another later saying that they still did not have the orininal agreement. They have placed the account on hold pending the receipt of the requested documents. How long do they have to produce the document and what can i do if they don't.
  6. Yeah Lloyds are saying that they can't remove the data they hold for me internally (put on by the Abbey) as this is the information shown on my credit file externally. This is incorrect and i've even supplied them with copies of my credit reports to show them it's not on there!!!!!!
  7. Can anyone help please!!!!! Several years ago I received a default by one ofthe other high street banks. This default has stayed on my credit file for the past 6 years and was removed in November 2007. I recently applied for a mortgage and overdraft products with my bank Lloyds TSB. Upon application I was turned down and discovered that this was becasue the previous adverse credit history (default) was still showing on their internal system. I immediately contacted Equifax who confirmed that the information was still on there. In November and again in December I complained against Abby National as they incorrectly placed the orignal default marker back on my credit file then. I wrote to the Financial Ombudsman Service to consider my complaint and they upheld it. I subsequently received £200 compensation from the Abbey. This has again happened and Abeey have again apologised and made another offer of £200 compensation. Should I accapt this?????? The other problem I have is that Lloyds Tsb are refusing to remove the adverse data they hold against me on their internal system. I have complained to them and they acknowledge that this is an error and say that they have corrected it. Yesterday I rang to increase my overdraft and they refused due to adverse credit data with Equifax. I've checked my credit file and this information is not on there. What can I do about Lloyds refusing to correct the incorrect internal data they hold about me????
  8. I've sent the CCA letter as suggested by Gold. They have phoned me to say that they will accpet my payments for the next 3 months by which time they want the account paid in full and closed. I sent the CCA letter via recorded delivery and in it i've told them to also desist in phoning me and that I will only deal with them in writing. The chap on the phone disclosed that they haven't actually got a copy of my credit agreement and that they would have to apply to Abbey for it and this usually takes months!!!!!!!!!!!!!
  9. Thanks a million Gold. Unfortunately i've foolishly already disclosed that a CCJ would be a problem. If i'd come on here any sooner i would not have made that mistake. Aghhhhhhhhhhhh!!!!!!!
  10. Wow, that was quick tig? Thanks. Can you direct me to the best template to use for this CCA request please.
  11. Hi all, Back in 1999 I defaulted on a £15,000 loan with Abbey National. I ended up in arrears with them due to taking up my dream job. They subsequently defaulted my account and registered a default against me. 7 years on and I have managed to pay off almost £8,000 of this debt. The default placed against my credit was finally removed late 2007. My credit was more or less restored to good/excellent and thigns were looking good. I've recently had a letter through the post from a company called DLC. I see that many of you are aware of this company. DLC have given me 3 months to pay the debt off in full or they are going to take me to court for a charging order against my property. I paid used to pay Abbey the monthly agreed payments for years without any issues like this arising. I've been paying DLC the same amount as Abbey for the past 3 months and they still wish to take me to court. I'm concerned because if they do and are successful in getting a CCJ/Charging Order I will lose my career. I am not allowed to be served with any CCJ's and my regulations also say that it is a disciplianry offence to fail to discharge any lawful debt. Please help as I might lose my career, house and family in one big hit. Thanks.......... Red
  12. Hi guys I too have a directions hearing on 14th August 2007. I've been in touch with the Litigation Team and i'm dealing with Robert Saunders. He initially said they would settle and low and behold I had a letter in the post offering me back all costs. When I emailed him back to ask about the seconrd part of my claim - default removal - he replied stating that they were unable to settle as they could not remove the default from my credit file. Even though the marker is due to be taken off in November 2007. Any ideas on where to go with this one folks?
  13. Thanks guys, Letter done and emailed and faxed to Rob Saunders. I've said that payment is only partial settlement of this claim and that the default must be removed in order to achieve full and final settlement. I'll keep you posted during the week on how it goes.
  14. Opened my mail yesterday morning and was shocked to discover a letter from Robert Saunders at Barclays Legal offering to pay full amount claimed for, together with statutory interest and cort costs. They are offering this as full and final settlement re this claim. Unfortunately they make no mention of the default removal element of my claim. Offer is good but my main claim and objective is for the default removal. Should I be writing back to Mr Saunders declining the offer unless they also agree to remove the default? If so can someone do me a quick template letter so I can write back to him ready for monday morning. P.s. They also want me to agree that the terms of the offer remain confidential between them and want to make payment into my Barclays account. This is now well and truly closed.
  15. Yes Un1, N1 issued on 23rd April 20077. Deemed served as of 2nd May. Defence entered on 23rd May 2007. AQ sent on 13th with request asking judge to strike out defence with an alternative of special directions attached to a draft order. I've also emailed Robert Saunders who is dealing with my case and he has said he will review my case with a view to settling before court case on 14th August 2007. The only issue here will be the default removal. I have included this removal as part of my claim and I have advised Barclays that I cannot settle the matter out of Court unless the default marker is removed. It's due off in November but I need it now because I can't get an affordable high street mortgage and it's crippling me.
  16. Hi guys, I too have a A Preliminary Directional Hearing at Cardiff on 14th. Yesterday I decided to email Barclays and so sent an email to Dino. Within an hour I had an email back from a Robert Saunders who said he is dealing with my case and will review the claim with a view to settling out of Court by the end of the week. Sounds promising but then again it could be another attempt by the infamous Barclays Litigation Team to delay and stall matters further. We will just av to wait and see. And those of you from Bridgend it is definately a small world
  17. Reading the posts on this thread with great interest guys. I emailed dino and kate yesterday to find out who was dealing with my case against Barclays. I had an email back within an hour from a Robert Saunders saying that he was appointed to deal with my case and that he would be looking at my claim with a view to settling within the week. Either this is really good news or just another typical stalling tactic employed by the Barclays Litigation team. I guess only time will tell
  18. On the grounds that a) Claimant never received the default notice; b) Section 10 & 12 DPA 1998 (Data Subject Notice) - Defendant has failed to remove comply with request for default removal within 21 day period. c) Claimant has received substantial damages and distress as a result of the continued processing od Data by the Defendant. I've evidence all of this. The issue here for Barclays is purely the Default marker. They have already agreed to pay all penalty charges claimed for in full. Including court fees. Their just being stubborn re default marker. this is due to be removed in November anyway, so i'm only asking for it to be removed 5 months earlier.
  19. Bit confusing from the courts. Had to orders from them in the post this morning. The first form advises me that a defence has been filed and that an N150 allocation questionnaire is required to be submitted by 25th June 2007. The second form advises that upon the Courts own motion they have made this order of its own initiative and without a hearing. If I object then i must make an application to have it set aside, varied or stayed within tyhe next 7 days. IT IS ORDERED THAT 1. Directions will be given by judge XXXXXXXX on the 14th August 2007 at 10:30am. 2. The parties may appear in person or make written representations as to how the case should proceed provided a copy of the representations is sent to the Court and the other side at least 7 working days prior to the hearing. So how do I play my next move???? Should I now ring the litigation team and ask them if they want to negotiate a settlement? Do I need to send the Defence a copy of the N149 and draf order?
  20. As a result of my local court allowing Barclays to submit their defence 8 days late I wrote to the court based on some advice received. Subsequently a District Judge has reviewed the complaint and as a result has made the following observations: My claim is twofold: 1) Amendment of Credit File 2) Recovery of Charges of £140 Accordingly, a default judgement is not available. Civil Proceedings Rules 12.4(2) provides that as the claim indicated a claim for a remedy other then the payment of the penalty charges, an application under part 23 would be required. The District Judge has instructed that the matter procced as a defended claim. Anyone have any observations, guidance or advice on this please?????
  21. Hmmm, Thing is i'm asking for penalty charges to be refunded and removal of a default. Barclays said at the beginning of all of this that any court action would be strongly defended by the bank. If the court had got staff my request for judgement by default would have been entered by now. Aghhhhhhh
  22. Problem is noo that the court have accepted the Defence from Barclays even though it's a week to late. They are now saying that they wont enter my request for judgement as the defence over rules it. I just fail to see how the court being short staffed has meant that my request for default has been null n void and that Barclays can just enter a defence whenever they wont. Anyone would swear that the court is Barclays in disguise!!!!!!
  23. Guys sorry to hijack thread but I seem to be experiencing the same problems as some of you. I dont know where to go next with my court claim. Take a look at my thread if you dont mind. Bank, tried to send you a private message but it seems your a popular chap and your inbox is full. http://www.consumeractiongroup.co.uk/forum/legalities/57971-people-barclays-bank-data.html
  24. I'm absolutely livid. I've been trying to chase the court all week for my judgement to be made. I phoned them on Tuesday and they said that they were around 10 days behind on entering judgements. I asked what would happen if the defendant entered a defence after the 14 days and they said they would still issue the judgement. As of this morning they are saying that the defence entered takes priority over my judgement even though it was entered 7 days after the deadline and 7 days after I entered a request for judgement. I really dont know what to next. Is there anything I can do????????
  25. Ok, so I went to my local court on 17th May 2007 and requested a judgement by default. Does this mean i've won against Barclays?
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