SD from Hamptons Legal old Barclaycard 'debt'

[DonkeyB]

You need 42man on this. Suggest you PM him to look in.

 

Did the SAR show that the account was SB?

 

This is now going to be very difficult, as you failed to set aside the SD.

[DonkeyB]

And why offer and F&F it was SB? You really need to get your accurate info posted here if we are to help. Sorry to be so blunt!

[unclebulgaria67]

According to this thread,

the last payment was made to Barclaycard early 2007.

 

Do you have the exact date of the last payment that you made ?

 

You can still stop the bankruptcy petition going ahead, if there are grounds to do so.

 

If the debt was statute barred before the bankruptcy petition was applied to the court, you can still use that.

[riply88]

According to this thread, the last payment was made to Barclaycard early 2007. Do you have the exact date of the last payment that you made ? You can still stop the bankruptcy petition going ahead, if there are grounds to do so. If the debt was statute barred before the bankruptcy petition was applied to the court, you can still use that.

 

And why offer and F&F it was SB? You really need to get your accurate info posted here if we are to help. Sorry to be so blunt!

 

no problem, i know i have been a fool. last payment was, according to their statement, late 2007. in a letter they say i can come to an arrangement.

[DonkeyB]

Is their statement accurate? Does this correlate with your records? As long as you are sure you did pay this, then of course it is not SB.

 

This just shows that SDs are often followed through! However, the fact that they are offering negotiation is proof they are using this as a debt collection tool, not a measure of last resort.

[unclebulgaria67]

Make sure that when you come to a repayment arrangement that you do advise the court of this,

as going by previous threads,

they can still go ahead with bankruptcy.

 

Whether this is them being sneaky or just following the process, I can't answer.

 

But do not ever believe that any court hearing is not going ahead, unless you have this in writing from the court.

 

If you don't understand what the process is or any court documents are unclear, give the court a phone call to find out.

 

Even if you entered into repayments, it would not stop you being able to investigate excess charges on the account or PPI or any other issue you want to look into.

[42man]

Are you prepared to step up and fight this ?

 

Does the petition state (by way of a witness statement or affadavit) how the statutory demand was served / not served ?

 

Did the reconstituted agreement have your name and address on it ?

 

does the interest rate match up to the interest on the statements ?

 

You will need to apply to dismiss the petition via From 6.19 - which you can find here

- http://www.bis.gov.uk/insolvency/about-us/forms/england-and-wales

 

- This is a useful thread too http://www.consumeractiongroup.co.uk/forum/showthread.php?388479-Bankruptcy-Petition-and-BWLegal-HELP&highlight=petition

 

You will need to get the 6.19 in to court at least 7 days before the hearing (along with an accompanying affadavit and witness statements if required)

 

with one copy going to the court

 

and

 

another copy going to BW Legal.

 

Please do spend some time reading around these forums,

and if you need some help then please shout..

[BRIGADIER2JCS]

Hi Ripley Looking as requested, it may help if you posted up the data you PMd me the settlement off is ridiculous imo.

 

Can you confirm exactly the date of the last payment on the account please?

[riply88]

ok, need help with this.

 

last payment was beginning of Jan 2008.

 

settlement they offered is for a 80% of the alleged debt, £1400 plus there "legal costs" £1300.

 

Agreeing to cease court action and remove negative data etc from CRA's.

 

They have also offered lots of options for monthly payments

 

I never actually have received any notification of the bankruptcy hearing on the 10th July

as i sold my house and am waiting for a new property to rent at the moment,

so am staying at my parents.

 

i only found out as the person who bought my house told me about a visit they had from these people.

 

Urgent advice needed please.

 

Edit, forgot to say I have never received any notice of assignment, either originally or from my SAR / CCA request.

Edited June 28, 2013 by riply88

[dx100uk]

they are offering a vast discount

 

there is something very very wrong with this debt.

 

when was YOUR last payment from the statements BC sent with the SAR return please

 

dx

[riply88]

they are offering a vast discount

 

there is something very very wrong with this debt.

 

when was YOUR last payment from the statements BC sent with the SAR return please

 

dx

 

agreed, but along with the legal costs the debt is nearly doubled! last payment Jan 2008.

[dx100uk]

so not SB'd then.

 

it must be the agreement then

they'll need a copy of the ORIGINAL signed agreement

 

NOT a recon.

 

I take it all you have is a recon then?

 

in the statements

are their any PENALTY charges/fees [letter/late etc or PPI?

 

need to find the reason for this huge discount

and use it against them.

 

dx

[riply88]

so not SB'd then.

 

it must be the agreement then

they'll need a copy of the ORIGINAL signed agreement

 

NOT a recon.

 

I take it all you have is a recon then?

 

in the statements

are their any PENALTY charges/fees [letter/late etc or PPI?

 

need to find the reason for this huge discount

and use it against them.

 

dx

 

I was sent a reconstituted agreement, no signature. They said that was sufficient. Yes, there are late charges on the account statement from BC.

[dx100uk]

pop them in this spreadsheet please

 

put 24.9% rate in cell d15

 

list every PENALTY fees on a new row.

 

This second spreadsheet is a compound interest calculator and can be used both for PPI claims and Charges Reclaims on Revolving Credit Accounts such as credit cards. Compound interest is not an award that fos will give in respect of PPI claims but it can be used in PPI cases that are pursued through the courts. It is the standard sheet that is also used for charges reclaims both on credit cards and loan accounts where interest in restitution is claimed.

 

CISheet v101.xls

 

 

dx

[riply88]

pop them in this spreadsheet please

 

put 24.9% rate in cell d15

 

list every PENALTY fees on a new row.

 

This second spreadsheet is a compound interest calculator and can be used both for PPI claims and Charges Reclaims on Revolving Credit Accounts such as credit cards. Compound interest is not an award that fos will give in respect of PPI claims but it can be used in PPI cases that are pursued through the courts. It is the standard sheet that is also used for charges reclaims both on credit cards and loan accounts where interest in restitution is claimed.

 

CISheet v101.xls

 

 

dx

 

ok, i only have statements from the middle of 2007. Barclaycard screwed up and sent me some of someone elses information and statements, i emailed and wrote to them with no reply. so, from the middle of 2007 until the closing of the account the late charges with interest add up to about £300.

[dx100uk]

you need all the statements..

 

dx

[riply88]

i appreciate that, and i will try and call BC this afternoon. What can i do in the meantime??

[dx100uk]

i'd send them another SAR .

not too up on the legal stuff

hopefully others will help on that side

 

dx

[dx100uk]

get that sar off.

 

hows the charges looking against the sum on the SD?

will it wipe the debt?

 

 

dx

[riply88]

i have sent the sar off this morning, but, knowing how long it took last time i just dont know if it will come back in time. the only thing that might spur them on is that i have told them that i have somebody elses records that they sent, and will be informing the ICO about their mistake.

 

charges that i can see amount to around £300.

[42man]

It is now down to a choice that only you can make...

..either fight or come to a payment arrangement with them,

 

you have already shown that you are nervy about standing and fighting your own corner as you made a F & F.

 

The reason for sending a SAR is that you can 'cut the bandits off at the pass' so when (if required)

you press the judge for full disclosure of all the paperwork in your arguments then,

you can show not only that you have made more than a reasonable attempt to get paperwork from the original creditor,

 

but if they try and produce paperwork in court, then you can compare it to what is being held by the original creditor.

 

The other thing you need to do is read around the links in post #32 above,

 

if you ignored the stat demands and let it get to petition stage it becomes harder (and then costs become involved) although certainly not impossible to set aside.

 

Any dispute you have/had should come at stat demand stage,

 

if you never saw the demand then a judge will consider this at petition stage.

[riply88]

It is now down to a choice that only you can make...

..either fight or come to a payment arrangement with them,

 

you have already shown that you are nervy about standing and fighting your own corner as you made a F & F.

 

The reason for sending a SAR is that you can 'cut the bandits off at the pass' so when (if required)

you press the judge for full disclosure of all the paperwork in your arguments then,

you can show not only that you have made more than a reasonable attempt to get paperwork from the original creditor,

 

but if they try and produce paperwork in court, then you can compare it to what is being held by the original creditor.

 

The other thing you need to do is read around the links in post #32 above,

 

if you ignored the stat demands and let it get to petition stage it becomes harder (and then costs become involved) although certainly not impossible to set aside.

 

Any dispute you have/had should come at stat demand stage,

 

if you never saw the demand then a judge will consider this at petition stage.

 

thanks for the reply. hypothetically if i go to court and say i want to pay the alleged debt, what happens then? do i still get made bankrupt?

[citizenB]

thanks for the reply. hypothetically if i go to court and say i want to pay the alleged debt, what happens then? do i still get made bankrupt?

 

Sadly you cant "look into the future".

[riply88]

can i post form 6.19 to the court? or do i have to deliver it by hand. feeling slightly alone with all this. really could do with some help. i still have not even seen the petition so am totally lost.

[citizenB]

As long as it gets to the court on or before time, you can hand deliver or post it (recommend Special delivery) You need to post or hand deliver 3 copies. One for the court, one for the opposition and one the court will stamp and return to you.