curlew430 vs mkdp

[curlew430]

After having heart attack in around 2007/8 i contacted all credit cards companies[about 7] not realising ppi covered me i told them my position and everybank deducted 12 months off and i paid them in full,except Barclays. who told me that i had cancelled my ppi with them which didnt , after all who would cancel ppi around the time i was in hospital ill.

I wrote to them asking for a copy of phone conversation in which i cancelled and i am still waiting.

I then put account in dispute at the same time i applied for cca and sar.All i ever got was a bad copy of card application half of my accounts from sar .so i sent relevent letters letting them know this.

Since then i have been contacted by several debt companies, all i have ever told them is i am not discussing it with any third party .Then mkdp purchased the debt so not only did barclays bad credit me so did mkdp.

I have now recieved a court letter for Northampton along with 3 other pieces asking question .These letters threats and phone calls have all been made at my parents address and i dont even live there and havnt since 2009. So barclays refused to honour my ppi without providing proof in which they say i cancelled it.. no cca part of sar, passed on a debt whilst in dispute, give my details to half of England against data protection. registered me on credit file whilst account in dispute, harrassed my parents up to 30 times a day by phone.

so can any body help with advice, do i send letter back no longer at this address which is true or do i fill in letters thats been sent.

This has all come about Barclays lying about my ppi cancelation in 2009 and i dont suppose they have told debt recovery agents the truth about it either. my advice in past has been through private mess. i have now read its against your rules. If any one has any advice on this county court letter please coarse of action please let me know.I have all corespondence with barclays so the truth will come out

[curlew430]

Re: curlew430 vs mkdp

please can anyone tell me where i get AoS from to fill out i cannot find it thanks

[mystery1]

Re: curlew430 vs mkdp

Log in to the court site as detailed in the claim form where the password is. It's a tick box when you get in to your claim section.

M1

[FlamingParrot]

Re: curlew430 vs mkdp

After having heart attack in around 2007/8 i contacted all credit cards companies[about 7] not realising ppi covered me i told them my position and everybank deducted 12 months off and i paid them in full,except Barclays. who told me that i had cancelled my ppi with them which didnt , after all who would cancel ppi around the time i was in hospital ill. I wrote to them asking for a copy of phone conversation in which i cancelled and i am still waiting.I then put account in dispute at the same time i applied for cca and sar.All i ever got was a bad copy of card application half of my accounts from sar .so i sent relevent letters letting them know this. Since then i have been contacted by several debt companies, all i have ever told them is i am not discussing it with any third party .Then mkdp purchased the debt so not only did barclays bad credit me so did mkdp.

Regardless of how many times a debt is sold on, there should be a single default on your credit card per account, and the default should drop off 6 years after defaulting (i.e. when you stopped making minimum payments), if not, you should complain and get the erroneous entry corrected. :thumb: If you defaulted in 2007, the default should have dropped off.

I have now recieved a court letter for Northampton along with 3 other pieces asking question .These letters threats and phone calls have all been made at my parents address and i dont even live there and havnt since 2009.

When did you last make a payment towards this card?

So barclays refused to honour my ppi without providing proof in which they say i cancelled it.. no cca part of sar, passed on a debt whilst in dispute, give my details to half of England against data protection.

How did they do that? :confused2:

registered me on credit file whilst account in dispute,

After McGuffick v RBS, it was established that a creditor can record a default on your file even if the account is unenforceable, since reporting to the CRAs does not amount to enforcement.

harrassed my parents up to 30 times a day by phone. so can any body help with advice, do i send letter back no longer at this address which is true or do i fill in letters thats been sent. This has all come about Barclays lying about my ppi cancelation in 2009 and i dont suppose they have told debt recovery agents the truth about it either.

Debts are sold in bulk without a lot of detail. The 'job lots' the debt purchasers buy are a mixed bag that include statute barred, unenforceable and disputed debts.

[FlamingParrot]

Re: curlew430 vs mkdp

my advice in past has been through private mess. i have now read its against your rules.

Forums don't usually offer advice, just help, support and useful information. The whole idea is to get the views and opinions of various people, and if someone spots something that appears to be wrong or inaccurate, they'd pop in and say so. This wouldn't happen if you are communicating via private message, so you wouldn't know whether the advice you were receiving was sound or not. :noidea:

If any one has any advice on this county court letter please coarse of action please let me know.I have all corespondence with barclays so the truth will come out

As noted above, you need to acknowledge within 14 days, stating your intention to defend the claim in full. That should give you a further 14 days to prepare your defence.

Your next steps would be to send a CCA request and a CPR 31.14 request as noted here: http://www.legalbeagles.info/forums/...322#post418322

[Amethyst]

Re: curlew430 vs mkdp

Hi Curlew, Sorry your first post was a little bit confusing, so you have actually had a court claim from MKDP then for a Barclaycard debt.

Could you type out the particulars of claim on here for us please.

You have a lot of points to include in a defence with regards how they have treated you when we get to that point but to begin with if you can work through these bits firstly;

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)


I also would like you to send a Subject Access Request to Barclaycard see if we can suss something out on this PPI.

You will need to send £10 with this letter and they have 40 days to respond, so it is more a back up plan but needs to go off ASAP.

[Your full address]
[Phone number]
[The date]

[Name and address of the organisation]



Dear Sir or Madam


Subject access request



[Your full name and address and any other details to help identify you and the information you want.]


Please supply the information about me I am entitled to under the Data Protection Act 1998 relating to all accounts held with your company to include;

• full transactions lists (copies of statements will suffice)
• any application forms / agreements
• screen notes relating to any contact I have had with you
• any letters you have sent me or I have sent to you.
• any recordings of telephone conversations

If you need any more information from me please let me know as soon as possible. I have enclosed £10 as the statutory maximum fee.


It may be helpful for you to know that a request for information under the Data Protection Act 1998 should be responded to within 40 days.


If you do not normally deal with these requests, please pass this letter to your Data Protection Officer. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you and can be contacted on 0303 123 1113 or at www.ico.org.uk



Yours faithfully
[Signature]