Help Cout date and CCJ with charging order!!!

[diddydicky]

Hi everyone.

 

I have sent letters to Barclays and to MBNA telling them to send me the total amount for the arrears, as they have terminated my agreement with them and they did so on the back of Dodgy Default Notices...i.e. they didn't allow enough time to remedy! I have just got a letter back from Barclays stating that they do not agree to the above and cited the dates to me once again.....which was still short even by First Class.

 

How should I respond to this? Should I send to them in detail how they have failed and come up short on there Default Notice? I basically used a template from this site to state that the Default Notice was incorrect. I am also aware that the Credit Agreement with the bank is real dodgy as well.

 

How should I move forward with this?

 

Many Thanks for all your help

 

you don't need to tell them anything as to why the DN is defective- you have pointed out a point of law to them- they have their own lawyers to tell them why

 

You should always(IMO) ask for the amount of arrears that are genuinely outstanding when writing to accept unlawful rescission (against which you MAY have a counterclaim for unlawful rescission)

 

it has nothing to do with "doing their job for them" and everything to do with showing a judge at a later date that you acknowledged your responsibilities and have attempted to make arrangements to satisfy any genuine outstanding debt

 

the fact that the creditor will never reply with a figure (since they do not want to admit their unlawful rescission) is their problem - but it allows you to counter any suggestion in court from their brief that you had no intention of paying what is owed and were simply loooking for loopholes

 

belt and braces

[diddydicky]

the DN is also missing important prescribed text!

[Worsteve]

the DN is also missing important prescribed text!

 

Super Help DD

 

I basically used a copy of a letter you had used on another post. The bank however has refuted any claim that they did not allow the correct amount of time to remedy, in a letter received the other day. I feel I should send them a letter to 'Help' them understand the issue. I will draft and send a letter to them. I will go through the DN as well to make sure I know what important prescribed text is missing.

 

Next thing, what is the next course of action to take? I currently pay Barclays on a Debt Management plan by First Friendly Finance. Do I tell them to stop paying Barclays? What should I do next?

 

Many Many Thanks for you help.

[diddydicky]

i wouldn't bother=they don't have a hard copy of the dn and they will not admit that the dn is faulty no matter how much you point out to them

 

you have told them the dn is invalid- they have lawyers to tell them why and their ignorance- having been pointed to a point of law will be of no use to them in any litigation

 

stop paying as soon you have accepted their unlawful termination

[Worsteve]

stop paying as soon you have accepted their unlawful termination

 

Hi diddydicky,

would I not be better to keep paying them to reduce the arrears stipulated on the Faulty DN....even though I know the original credit agreement is faulty also. In doing so, as a gesture of good faith to any judge should I go to court?

 

Cheers to one and all!

[diddydicky]

you cant accept an unlawful rescission and releive yourself of your obligations (accept that the agreement is now ended)- and then keep making payments-

 

what you are doing is clouding the issue

 

within the acceptance letter of their unlawful termination you ask for the amount that is due as arrears as at the time of termination (which is when YOU accept their unlawful action - not the date of their letter), against which you may have a counterclaim for unlawful termination

 

they will never tell you what that figure is - thus you have done enough - until they tell you the figure- you cant work out if your counterclaim may exceed or fall short of their figure

[Worsteve]

Hi everyone

 

I have just received a letter and a statement from Barclays, saying that I have Defaulted on the agreement now and they are considering legal action. How should I respond? The DN is defective in that it has not allowed the required time to remedy and it is missing prescribed text. I know the can of worms has been opened now.

 

What should I do next?

 

Kindest Regards

[cymruambyth]

I suppose you could write and ask if they have terminated the agreement. If they say yes, then they can't re-issue a correct DN.

[Worsteve]

I suppose you could write and ask if they have terminated the agreement. If they say yes, then they can't re-issue a correct DN.

 

Hi there

They terminated the agreement on the Faulty DN. I have been paying them on a debt management plan all this time as well. I am also aware that the original credit agreement is faulty....

Anyway, I recently sent them the letter accepting their unlawful Recission and was advised to stop making payments to them. I am not sure what to do next though. They are threatening legal action now I have stopped making payments........

 

Any takers on this on?

Edited May 8, 2010 by Worsteve

[cymruambyth]

Sorry, had forgotten!

How much were the arrears? Could it be worth pointing out to them that as it was an unlawful recission they are only able to reclaim the arrears and that you would like to come to an arrangement to clear this amount?

I'm not sure whether this is good advice but it is something that I am considering trying with a loan of £25k and arrears of £1800.

[MandM]

Sorry, had forgotten!

How much were the arrears? Could it be worth pointing out to them that as it was an unlawful recission they are only able to reclaim the arrears and that you would like to come to an arrangement to clear this amount?

I'm not sure whether this is good advice but it is something that I am considering trying with a loan of £25k and arrears of £1800.

 

This makes sense to me too. If it ever got to court and they tried saying "of course the agreement still existed, thats why they were still paying us every month!" you could use this to justify that fact i.e. that you were only paying towards the arrears that were due up to termination, not paying the non-existant/terminated account.

 

M

[Worsteve]

Sorry, had forgotten!

How much were the arrears? Could it be worth pointing out to them that as it was an unlawful recission they are only able to reclaim the arrears and that you would like to come to an arrangement to clear this amount?

I'm not sure whether this is good advice but it is something that I am considering trying with a loan of £25k and arrears of £1800.

 

Very similar situation as my own. I have already done all of the above and accepted their unlawful recission and requested the arrears as well. They did write bacn stating that they did not accept nor uphold my complaint prior to this. I am just not sure how I should respond to the latest letter.

[MandM]

Hi everyone

 

I have just received a letter and a statement from Barclays, saying that I have Defaulted on the agreement now and they are considering legal action. How should I respond? The DN is defective in that it has not allowed the required time to remedy and it is missing prescribed text. I know the can of worms has been opened now.

 

What should I do next?

 

Kindest Regards

 

You have 2 choices as I see it. either ignore it as an empty threatogram, or you write back thanking them for their letter but point out that due to their faulty DN they have forfeited their rights under Sec87/88 to claim the full sum early and invite them to take you to court to resolve the matter. Don't bother to go into why the DN is faulty - that's their problem! Just my opinion though. Others may say different.

 

M

[Worsteve]

You have 2 choices as I see it. either ignore it as an empty threatogram, or you write back thanking them for their letter but point out that due to their faulty DN they have forfeited their rights under Sec87/88 to claim the full sum early and invite them to take you to court to resolve the matter. Don't bother to go into why the DN is faulty - that's their problem! Just my opinion though. Others may say different.

 

M

 

Thank you M&M

 

I will do just that. I will send them a nicely worded letter so they can chew on it.

 

As an aside to the initial reason for this thread, I go to court on the 17th of this month to defend against my RBS loan whom I got my CCJ overturned previously. I did an SAR on them (late I know), but it highlighted something very fishy on it. It states that they have accepted my latest offer of payment on the understanding that both me and my partner are in agreement to having the CCJ reinstated and the Charging Order put on our house!!!!!!! Is there no limit to the depths of lies these people will not go to, in order to ensure we pay them what we don't lawfully owe? What bad people these banks are. LIARS, THEIVES AND CHEATS!

 

Thanks for your advice!

[MandM]

They're a rotten lot. You just need to be as devious back at them. I hope you slaughter them.

 

M

[bradfordlad]

You have 2 choices as I see it. either ignore it as an empty threatogram, or you write back thanking them for their letter but point out that due to their faulty DN they have forfeited their rights under Sec87/88 to claim the full sum early and invite them to take you to court to resolve the matter. Don't bother to go into why the DN is faulty - that's their problem! Just my opinion though. Others may say different.

 

M

 

Apologies if I've missed something, but just a word of caution.

 

If they haven't actually terminated/closed the account, can't they just re-issue a new default notice?

 

That was my understanding anyway. If they have terminated - write away!

 

If they haven't, I'd sit tight till they terminate, then its unlawful rescission - simplez.

 

Hope that helps?

 

BL

[Worsteve]

Apologies if I've missed something, but just a word of caution.

 

If they haven't actually terminated/closed the account, can't they just re-issue a new default notice?

 

That was my understanding anyway. If they have terminated - write away!

 

If they haven't, I'd sit tight till they terminate, then its unlawful rescission - simplez.

 

Hope that helps?

 

BL

 

Hi BL

 

thanks for your interest and advice. Just to let you know they terminated the DN within the DN itself. I have already sent them a letter of 'Unlawful termination' and I have just sent them another letter stating that they have given up their right to sec87/88 and as such can they please give me a breakdown of the arrears.

 

As an extra, i am off to court on Monday May 17th to discuss my circumstances with RBS...and their unlawful Termination of my account. Fingers crossed that will be a win for me!

[Worsteve]

:DSUCCESS!!!!!

 

I have just had a letter from the oppositions solicitors stating that their client wishes to withdraw from the proceedings. They have attached a consent order signing that we agree to them withdrawing and there will be no costs.!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

HHAAAAA HHAAAAA HHAAAAAA!!!!!!!!!!!

 

I am therefore assuming that my RBS £25k loan just bit the dust! Can anybody here confirm that this is the case.....so I can go out to the pub and merrily trolleyed!!!

 

Thanks to one and all here. From a CCJ and Charging Order on my Property, you have released me from theeir horrible clutches. There is another donation on the way to this wonderful site!!!!!!!

 

All the best of Love, Hugs, success and wealth to the Free People on this site!!!! WOOO BLOODY HOOOO!

[enslaved]

I'm right chuffed for you

[bradfordlad]

Ah mate - well chuffed for you!

 

Certainly sounds as though thats an end to it, but I'd get it in writing - you know what they're like

 

BL

[Worsteve]

Hi to one and all

 

I hope I am not jumping the gun here, but after receiving the letter where the Oppositions state 'The Claimant has taken the commercial decision to discontinue these proceedings.' 'Please find enclosed a consent order 'UPON THE CLAIMANT AGREEING TO WITHDRAW CLAIM NUMBER XXXXXXXX AND BY CONSENT; IT IS ORDERED THAT:

1. There be no order as to costs.''

 

I am assuming that they do not wish go back to court now and that they have given up the ghost? I have sent them 2 letters now asking for the arrears total with no reply. I am supposed to be in court on Monday 17th........

 

Please somebody here tell me this is cause for celebration??!!!

I am just a little in shock I suppose.....and want to know before I get really rather drunk!

[Laura Cooke]

Well done what a lovely relief for you and yours x

[gh2008]

If they are withdrawing their claim then that's fine. BUT it would be nice to get the whole thing a little better 'tucked up'

 

You are not entitled to claim your wasted costs and in exchange for that you can get a bit more out of them.

Have a look here for a negotiated agreement.

 

I doubt you will get the CRA bit, but the rest and the wording should be useful

 

Well done

[gh2008]

What you want to avoid is a situation where they serve a good DN on you and then make a new claim.

 

Clearly that would be a DN served after termination but again you would have the hassle of a claim.

[Worsteve]

If they are withdrawing their claim then that's fine. BUT it would be nice to get the whole thing a little better 'tucked up'

 

You are not entitled to claim your wasted costs and in exchange for that you can get a bit more out of them.

Have a look here for a negotiated agreement.

 

I doubt you will get the CRA bit, but the rest and the wording should be useful

 

Well done

 

Thanks GH2008

To be honest, I just don't want anymore hassle from them. They have said that there are no costs and that is fine. I know that the DN is faulty,...that I have accepted their unlawful recission, and that they can claim only for the arrears. They have had this twice. Since they Terminated the agreement on the back of a Fautly DN....it is they that are in trouble. The oppositions solicitor has just informed me that they don't wish to proceed with these hearings. I am just not sure what the letter means. My understanding is that they are in limbo.......if they come back with the arrears...then I may have a counterclaim......if not then I pay them nothing. So its like its in a bit of limbo really. I don't know what happens next if I agree to them discontinue the proceedings on their commercial decision.:-|

 

I guess I just want a reason to be able to go to the pub and celebrate. Is this a win for me??

Regards