bearing v Barclays Partner Finance ***CASE WON*** probably !!

[slick132]

Next you'll get notice that they've filed a defence at court and the court will send out AQ's for completion.

 

If the court doesn't send you a copy of the bank's defence, ask them to.

 

[bearing]

Next you'll get notice that they've filed a defence at court and the court will send out AQ's for completion.

 

If the court doesn't send you a copy of the bank's defence, ask them to.

 

 

 

Cheers slick,

 

I'll start getting my court bundle in order, best to be prepared early.

[slick132]

Good idea !!

 

SHOPPING LIST

Spare Ink Cartridges

Lots of Paper

 

[bearing]

Good idea !!

 

SHOPPING LIST

 

Spare Ink Cartridges

Lots of Paper

 

 

 

Can I bill Barclays for them?

[slick132]

You can certainly try - http://www.consumerforums.com/resources/templates-library/48-bank-templates/143-wasted-costs-order-

 

[bearing]

I'll add that to the list then, they'll wish they never upset me!

[bearing]

Just spoken to the County Court and deadline is today, the claim was served on the 13th October.

 

They've got until 4PM then, is my next move to go with a default judgement?

[slick132]

Hi Bearing,

 

They will likely file a defence, even if it is at the last minute. If it's after the deadline, the courts have a tendancy to accept it anyway.

 

Give it a week, then contact the court to see if a defence has been filed.

[bearing]

Hi Bearing,

 

They will likely file a defence, even if it is at the last minute. If it's after the deadline, the courts have a tendancy to accept it anyway.

 

Give it a week, then contact the court to see if a defence has been filed.

 

No problems, seems that courts are a bit poor on keeping to deadlines.

 

Why do they bother?

[bearing]

Defence was filed today, AQ's sent out in the post today.

 

Looking forward to seeing their defence.

[bearing]

Have received their defence, posted for your perusal.

 

 

 

Edited November 13, 2009 by bearing
Edit image

[bearing]

I refer to point 7. in their defence.

 

Further or alternatively it is denied that any such charges constitute unlawful penalty charges or are in breach of the Unfair Terms in Consumer Contracts Regulations 1999 (or indeed any other provision)

 

I thought the UTCCR only relates to Bank charges and not to an account like this one, I was under the impression that my claim is based on the penalty issue of common law, am I correct in thinking this?

[slick132]

Yes, and your court bundle should set out the basis of your assertions.

 

Barclays defence may be a template-type submission but that's their look out.

 

The way this normally runs is that you'll get Directions from the court about filing your evidence, as regards format and dates.

 

You'll comply with this but BC will not usually respond properly with their own bundle, etc.

 

Once they see you've complied, they'll fold in negotiations before the hearing date.

[bearing]

Think I may have led them along the UTCCR route, if you look back at post #54 I mentioned it as part of my POC.

 

At least I've got the excuse of being a little green on these matters, they should know better.

 

Can I still head along the 'penalty' route?

[slick132]

In your POC, s.6 (a) and (b) cover both "penalty" and "UTCCR" respectively.

 

This will be covered properly in your court bundle.

 

[bearing]

Cheers slick,

 

Just been sorting through some stuff for my court bundle to back up the removal of the default on the back of the charges. Obviously my first line of attack on it is the fact that the DN is issued based solely on charges, but I'm also contesting its validity. See if what I have below is correct as per what you have seen of the DN.

 

DN linked at foot of post.

 

 

 

Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561)

 

Parties to Agreement

 

2

 

(1) The name and a postal address of the creditor or owner.

(2) The name and postal address of the debtor or hirer.

 

2 (1) No postal address for Barclays Partner Finance who are the actual creditors and not Mercers.

 

 

 

Details of breach of agreement and action required to remedy, or pay compensation for, the breach

 

3

 

A specification of:--

 

(a) the provision of the agreement alleged to have been breached; and

 

(b) the nature of the alleged breach of the agreement, specifying clearly the matters complained of; and either

 

© if the breach is capable of remedy, what action is required to remedy it and the date, being a date [not less than

fourteen days] after the date of service of the notice, before which that action is to be taken; or

 

(d) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach and

the date, being a date [not less than fourteen days] after the date of service of the notice, before which it is to be paid.

 

My breach of CLAUSE 2 of the credit agreement is cited as reason for service of the default notice, the agreement sent as per the original SAR makes no mention of a CLAUSE 2

 

 

 

Action by the creditor or owner to be ineffective if breach remedied or compensation paid

 

4

 

Where any action is specified under paragraph 3© or (d) as required to be taken, a statement that the provision for the

taking of any action by the creditor or owner such as is mentioned in paragraph 6 will be ineffective if the breach is duly

remedied or the compensation is duly paid in the following form--

 

"IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH".

 

Although BEFORE THE DATE SHOWN is underlined on my DN it is not in bold typeface on the default notice issued by Mercers the regulations do stipulate that it must be as laid out in the regs verbatim as set out in section 2 (5)

 

Where any statement is required to be in a form specified in a Schedule to these Regulations and is reproduced in the notice, then apart from any heading to the notice, trade names or names of parties to the agreement--

 

(a) the lettering in the statement shall be afforded more prominence (whether by capital letters, underlining, large or

bold print or otherwise) than any other lettering in the notice; and

(b) where words are both shown in capital letters and underlined in any statement specified in a Schedule to these

Regulations, they shall be afforded yet more prominence.

 

 

See link below for DN

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2453278.html

Edited November 14, 2009 by bearing
edit link

[bearing]

Draft order for Directions is confusing me a little, any links that I can peruse would be most appreciated.

[slick132]

AQ guide is here - http://www.consumerforums.com/resources/templates-library/48-bank-templates/125-allocation-questionnaires-a-guide-to-completion-

 

This includes Draft Directions options.

[bearing]

AQ guide is here - http://www.consumerforums.com/resources/templates-library/48-bank-templates/125-allocation-questionnaires-a-guide-to-completion-

 

This includes Draft Directions options.

 

Thanks slick, hadn't noticed the link to the draft directions on the AQ guide. I printed it off before I'd read it online.

 

What are your thoughts on post #91?

[slick132]

What you says makes sense but I suggest you look at the following threads which will give better guidance than I can:-

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/110184-car2403-barclays-bank-default.html

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/111211-defaults-background-removal-methods.html

[bearing]

I'll take a look at those links, thanks slick.

 

I'm looking forward to building this bundle, if only I could design some miniature remote camera system to see the look on the faces of the Barclays legal team when they actually realise I actually do mean business. I'm assuming their bundle will be quite

underwhelming.

[slick132]

Hi Bearing,

 

I'm assuming their bundle will be quite

underwhelming.

Quite an understatement really!!

 

BC don't generally do court bundles.

[bearing]

Hi Bearing,

 

Quite an understatement really!!

 

BC don't generally do court bundles.

 

[agam]

I am in a similar situation with BPF. My husband took finance for a car with them in 2005. We fell into some difficulties in 2007 this resulted in eratic payments which caused us to be constantly just under 1 month behind but payments were regular. The loan was due to end 23rd sept 2009 but obviously due to this delay of payments the last one was made 23rd oct.

 

We owe £22.50 for every month we made a late payment which has now added up to around £400.

 

The terms of the loan were based on monthly payment of £374.67 per month with a final payment of 474,67. We have made all of these payment, be it slightly late. I have sent them a letter detailing all the payments we have made and suggesting to them that the loan is now paid in full and that the charges of £22.50 do not reflect the true cost that was incurred etc etc.

 

I have been reading this thread now and am a little scared that I will have to do all this stuff to avoid paying them.

 

They did send me a' sorry you have made a complaint 'letter which also stated I should keep up with my payments whilst they looked into it. I am a little confused as as far as the contract goes I have made all the payments set out by it. Whilst it did refer to the charge for late payments there is nothing detailing when this amount should be paid or by what date. The letters only stated that this £22.50 was being added to the account. Their letter also claimed that the consumer issues I brought up were only relevant to credit cards and as this is a personal loan they do not apply. I have just sent a letter back disputing this fact.

 

They are constantly phoning to speak with my husband and sometimes deliberately trying to mislead myself when I answer the phone by not identifying themselves as BPF. Using tactis such as 'oh can you get him to call Craig back'. I complained also about their telephone operatives as at one point one of the women left this kind of message and if it wasn't for the fact that I deal with all the finances and recognised the phone number, I would have thought he was having an affair

[slick132]

Agam,

 

I've replied to you on your own thread (which I started for you).

 

It's linked here - http://www.consumeractiongroup.co.uk/forum/barclays-bank/232900-agam-barclays-partner-finance.html