cupcake68 Vs Barclaycard (05)

[cupcake68]

Thanks Slick!

 

I'll ignore for now and await their next move!

 

Cupcake

[cupcake68]

Hi Guys

 

FOS have upheld their decision!!!

 

I now have to fill in a card saying either I accept the decision - and undersatnd it will become legally binding

 

or

 

I reject the decision - and understand that it does not affect any legal rights I may have.

 

Cupcake

[slick132]

I suggest you reject their findings and confirm that you will continue to dispute on the basis that BC have failed to produce evidence of any valid credit agreement.

 

This leaves you free to deal with BC and their DCA's in whatever way you see fit ......... or to ignore them until they send you a credit agreement.

 

[cupcake68]

Thanks Slick

 

I have ticked the reject box but I do not have anywhere to add any further comment.

 

I have today received a letter from Horwich Farrelly Solicitors - they have been advised by bc to issue court proceedings!!

 

Cupcake

[slick132]

You could reply to the sol'rs saying that they can avoid the time and expense of court proceedings by supplying you with a copy of the properly executed credit agreement, which they will no doubt have if they are considering court action.

 

If no such document is provided either before court action or when it is commenced, you will vigorously defend any such court action.

 

[cupcake68]

Ah

 

I sent them the bemused letter today!!

 

Should I send this too or wait their repy?

 

Thanks

 

Cupcake

[slick132]

Wait for their reply.

 

[cupcake68]

Thank you

 

Cupcake

[cupcake68]

Hi

 

I have heard back from sols...

 

"Our client has confirmed that their obligation under CCA are discharged with documents already sent last year.

 

Should I send the letter Slick suggested in post 65?

 

Thanks

 

Cupcake

[slick132]

Hi Cupcake,

 

You could do that now if you want.

 

Just remember that there have been some important cases won by the banks since you started this thread.

 

The main issues being:-

 

1. A debtor would be very foolish to take the bank to court, although defending if the banks starts action is still OK.

 

2. Using CPR 31.16 is no longer an option.

[cupcake68]

Hi

 

Just an update on this account.

 

I have not had much going on with this one. The odd letetr from Moorcroft/Calders. One offering a discount of £5k!! on an £8k balance.

 

Decided to check my credit file today to find the Default filed in Nov 09 was for 15p more than my outstanding balance.

 

Is this a breach of some kind or is it too small to have an effect?

 

Just trying to keep on top of the situation!

[slick132]

Hi Cupcake,

 

At the beginning of this year, several cases were heard in Manchester including the case of Carey v HSBC. The ruling by HHJ Waksman has changed the way we have to deal with Credit Card cases. The main point is that the bank can send you T&C's for your a/c and this satisfies the requirements of s.78 CCA1974. They don't have to send you a copy of the credit agreement itself.

 

Re the DN, I suppose a DN is wrong if it is not right, whether the discrepancy is 15p or £15. But I'm not sure how far I'd want to take such a dispute.

 

8-)