car2403 -v- Barclays Bank (Default removal)

[steven4064]

Interesting point (to me anyway ) that they claim exemption under s74 in para 4(b). Section 74 does exempt tham from the whole of Part V of the CCA 1974. However, sections 77 and 78 ore in Part VI.

[car2403]

Interesting point (to me anyway ) that they claim exemption under s74 in para 4(b). Section 74 does exempt tham from the whole of Part V of the CCA 1974. However, sections 77 and 78 ore in Part VI.

 

I think the logic behind their argument, which isn't clear here admittedley, is that they believe they don't have to comply with s.77/s.78 as that requires a properly executed agreement to be sent, which they can't comply with due to the s.74 Determination. Interesting argument, which the Judge will probably just take verbatim until I question it, but there you go.

 

Having said that, one account is a personal loan, so they can only rely on that argument for the overdraft - I've had a copy of the loan agreement, but it ain't signed by me/the bank. Basically, they are up the swany without a paddle.

[steven4064]

Loans and overdrafts are completely different things and, as far as this is concerned, completely different accounts. Loans most definitely fall withijn the scope of s77(1). It may well be true that they don't have to comply with a request under ss77-78 for an overdarft, just that, IMHO, they can't use s74 to demonstrate that.

[car2403]

Loans and overdrafts are completely different things and, as far as this is concerned, completely different accounts. Loans most definitely fall withijn the scope of s77(1). It may well be true that they don't have to comply with a request under ss77-78 for an overdarft, just that, IMHO, they can't use s74 to demonstrate that.

 

If the bank follow through on recent conversations, this argument, rather sadly I think, won't see a full resolution where the issues can be decided - something that is obviously part of the big plan to continue sucking the life out of, perhaps, lesser mortals, I believe.

[gh2008]

If the bank follow through on recent conversations, this argument, rather sadly I think, won't see a full resolution where the issues can be decided - something that is obviously part of the big plan to continue sucking the life out of, perhaps, lesser mortals, I believe.

 

So are you near a settlement then? or couldn't you possibly say

[car2403]

Ahem...

[car2403]

If the bank follow through on recent conversations, this argument, rather sadly I think, won't see a full resolution where the issues can be decided - something that is obviously part of the big plan to continue sucking the life out of, perhaps, lesser mortals, I believe.

 

I'm now withdrawing my claim.

[steven4064]

Awwwwww!

[car2403]

Awwwwww!

 

Easy tiger!

 

If I don't, it would cost me a lot of money to continue, sadly.

[gh2008]

I'm now withdrawing my claim.

 

Is it a settlement you're happy with or have they turned up the heat just that bit too far & pushed it onto the wrong track?

[car2403]

Is it a settlement you're happy with or have they turned up the heat just that bit too far & pushed it onto the wrong track?

 

Hmmm...

 

[debt_mountain]

Are they not going after you for costs to date or have they agreed to let you drop it? You need to be careful when stopping a case after it has started.

[car2403]

 

Neither - I consider this claim a success, personally, not a failure. I don't have any costs to pay. In fact, it's the opposite.

 

Unfortunately I can't share more on open forum, as I'm sure you understand.

[Hopeful1]

 

Neither - I consider this claim a success, personally, not a failure. I don't have any costs to pay. In fact, it's the opposite.

 

Unfortunately I can't share more on open forum, as I'm sure you understand.

 

All this intrigue!! I'm just pleased you are getting a result you are happy with. I'll look forward to the time when you can share fully :grin:

 

Best wishes

[car2403]

I'll look forward to the time when you can share fully :grin:

 

My tongue is tied permanently.

[car2403]

My tongue is tied permanently.

 

Isn't PM a wonderful invention?

[Hopeful1]

Isn't PM a wonderful invention?

 

Oh yes, it is indeed :D

[steven4064]

You are going to have to PM everyone now

[car2403]

You are going to have to PM everyone now

 

If I PM the world, is it still a Private message? :o

[paulwlton]

If I PM the world, is it still a Private message? :o

 

Put me on the PM list.

 

PW

[steven4064]

If I PM the world, is it still a Private message? :o

That's a very interesting question

[paulwlton]

PM box cleared.

 

PW

[paulwlton]

After reading your thread again, it's given me the desire and inspiration to challenge a certain bank on the DP issue.

 

 

Nice one car. Paul

[car2403]

After reading your thread again, it's given me the desire and inspiration to challenge a certain bank on the DP issue.

 

 

Nice one car. Paul

 

Me? Inspire you? What's this? The mutual inspiration society?

 

Can I join in? Can I, can I, can I? Pleeeeeeaaaaaassssssseeeeee?!

[paulwlton]

Me? Inspire you? What's this? The mutual inspiration society?

 

Can I join in? Can I, can I, can I? Pleeeeeeaaaaaassssssseeeeee?!

 

I've been studying the legalities of the DPA after reading your thread, and i'm now aware of the significance of the DPA regarding my own case.

 

PW