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Hello 
Back in late 2009 after two very traumatic and tragic events, my financial status became quite desperate and i could no longer afford the monthly repayments on my credit card (Originally a Morgan Stanley Dean Witter Platinum card account opened in 1998, but then changed to Morgan Stanley and then taken over by Goldfish and then taken over by Barclaycard in 2008 if i remember correctly..
The balance was for £3,424.33
In Nov 2009 i spoke with Barclaycard's Financial Difficulties Team (over the phone) and was told to cancel my direct debit immediately, and wait for the conformation letter of an interest free repayment plan of £37 PCM, up for review after 6 months.
I did this, and immediately got a letter saying i missed a payment and a £12 late payment penalty has been added to my balance. This happened again whilst i was waiting for the conformation letter.
A barrage of auto dialler phone calls to my current and previous addresses then ensued, and threatening people from Barclaycard having no knowledge of the arrangement, demanding money over the phone there and then ''or else''.
Between speaking to the Financial Difficulties Team and my standing order being put in place on 15th Feb, 5 payments of £37 were taken and none of these reduced my balance. In fact, one of these payments was a POS (Point of Sale) taken without my knowledge or consent, from saved debit card details.
I was absolutely furious. I was living hand to mouth and was being robbed by these villians in broad daylight.
I have found a letter i sent to Barclaycard back in Feb 2010 detailing exactly what happened. I will attempt to attach it, as it may make part of my defence if i choose that route.
They never replied to my letter in substance, excpet to acknowledge my complaint and ''they'll get back to me''
Anyways, after all of this i told them over the phone that if they didn't reverse the payment they had taken fraudulently or reduce my outstanding balance by the amounts taken then i would stop paying them altogether.
They refused and so did I.
It was a complete mess and a very confusing time. I didn't know what was happening.
Then I met someone who was a ''Freeman On The Land'' and they advised me to send Barclaycard a set of ''Lawful'' letters, requests they would not be able to fulfill, that would put them in default and dishonour and the debt would no longer be valid. I thought it was worth a try anyways and sent them off!
I even included a quote from the Bank of England quarterly newsletter, stating how banks were free to ''create'' money by extending credit, and that they should just ''create'' some more ''money'' and pay the alleged debt themselves. I'll include this excerpt from the B.O.E 2008 quarterly bulletin, as its quite revealing.
p105
'' Subject only but crucially to
confidence in their soundness, banks extend credit by simply
increasing the borrowing customer’s current account, which
can be paid away to wherever the borrower wants by the bank
‘writing a cheque on itself’. That is, banks extend credit by
creating money. This ‘money creation’ process is constrained:
by their need to manage the liquidity risk — from the
withdrawal of deposits and the draw-down of back-up lines —
to which it exposes them''
Barclaycard went quiet for a while and eventually after ignoring the RMA collections demands, they offered me a settlement of £1813.20
I hindsight i should have accepted this, instead I totally ignored all future correspondence as i had just had ENOUGH of them and was trying to rebuild my life.
For several years i got the odd threatening letter and the ''debt'' changed hands many times.
After the first 20 or 30 letters, i stopped collecting them and just used them for starting fires.
For the last two years it has been very quiet and i had completely forgotten about the whole episode, until about a month ago when i had a letter from ''Howard Cohen &Co'' another empty threat i thought and on the fire it went..
And now i received what appears to be a genuine Money Claim from Northumberland County Court dated March 15th 2016
Claimant
HOIST PORTFOLIO HOLDINGS 2 LTD
R/O FIRST FLOOR
LE MEASURIER HOUSE
LA RUE LE MEASURIER
ST HELIER, JERSEY
JEY 4YE
Address for sending documents and payments
HOWARD COHEN AND CO
SUITE 1B, JOSEPH'S WELL
HANOVER WALK, LEEDS, W. YORKS
LS3 1AB
Particulars of Claim
This Claim is for the sum of £3661.92 in respect of monies owing under an Agreement with the account no. XXXXXXXXXXXXXXXX pursuant to The Consumer Credit Act 1974 (CCA)
The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the Claimant and notice has been served. The Defendant has failed to make contractual payments under the terms of the Agreement. A default notice has been served upon the Defendant pursuant to s.87(1) CCA.
The Claiment claims
1) The sum of £3661.92
2) Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from the 27/01/11 to the date hereof 1870 is the sum of £ 1500.86
3) Future interest accruing at the daily rate of £ .80
4) Costs
Amount claimed £5162.78
Court fee £410
Legal representative's costs £100.00
Total amount £5672.78
I'm not sure exactly how to proceed.
I opened an account with Money Claim Online and went to Acknowledge the Claim, but got a little confused as to how i should approach this, as it was asking me whether i wanted to Defend all of this Claim or Defend part of this Claim, or Contest Jurisdiction..
Due to the fact that none of the other ''debt collectors'' have actually taken this to court over the last 5 or 6 years, makes me wonder whether they actually have anyting concrete to go on, or whether they're just trying their luck..
If i could have afforded it at the time, i would have paid Barclaycards settlement of £1813.20
Any help or advice greatly appreciated.
Peace
MajorWolf
Back in late 2009 after two very traumatic and tragic events, my financial status became quite desperate and i could no longer afford the monthly repayments on my credit card (Originally a Morgan Stanley Dean Witter Platinum card account opened in 1998, but then changed to Morgan Stanley and then taken over by Goldfish and then taken over by Barclaycard in 2008 if i remember correctly..
The balance was for £3,424.33
In Nov 2009 i spoke with Barclaycard's Financial Difficulties Team (over the phone) and was told to cancel my direct debit immediately, and wait for the conformation letter of an interest free repayment plan of £37 PCM, up for review after 6 months.
I did this, and immediately got a letter saying i missed a payment and a £12 late payment penalty has been added to my balance. This happened again whilst i was waiting for the conformation letter.
A barrage of auto dialler phone calls to my current and previous addresses then ensued, and threatening people from Barclaycard having no knowledge of the arrangement, demanding money over the phone there and then ''or else''.
Between speaking to the Financial Difficulties Team and my standing order being put in place on 15th Feb, 5 payments of £37 were taken and none of these reduced my balance. In fact, one of these payments was a POS (Point of Sale) taken without my knowledge or consent, from saved debit card details.
I was absolutely furious. I was living hand to mouth and was being robbed by these villians in broad daylight.
I have found a letter i sent to Barclaycard back in Feb 2010 detailing exactly what happened. I will attempt to attach it, as it may make part of my defence if i choose that route.
They never replied to my letter in substance, excpet to acknowledge my complaint and ''they'll get back to me''
Anyways, after all of this i told them over the phone that if they didn't reverse the payment they had taken fraudulently or reduce my outstanding balance by the amounts taken then i would stop paying them altogether.
They refused and so did I.
It was a complete mess and a very confusing time. I didn't know what was happening.
Then I met someone who was a ''Freeman On The Land'' and they advised me to send Barclaycard a set of ''Lawful'' letters, requests they would not be able to fulfill, that would put them in default and dishonour and the debt would no longer be valid. I thought it was worth a try anyways and sent them off!
I even included a quote from the Bank of England quarterly newsletter, stating how banks were free to ''create'' money by extending credit, and that they should just ''create'' some more ''money'' and pay the alleged debt themselves. I'll include this excerpt from the B.O.E 2008 quarterly bulletin, as its quite revealing.
p105
'' Subject only but crucially to
confidence in their soundness, banks extend credit by simply
increasing the borrowing customer’s current account, which
can be paid away to wherever the borrower wants by the bank
‘writing a cheque on itself’. That is, banks extend credit by
creating money. This ‘money creation’ process is constrained:
by their need to manage the liquidity risk — from the
withdrawal of deposits and the draw-down of back-up lines —
to which it exposes them''
Barclaycard went quiet for a while and eventually after ignoring the RMA collections demands, they offered me a settlement of £1813.20
I hindsight i should have accepted this, instead I totally ignored all future correspondence as i had just had ENOUGH of them and was trying to rebuild my life.
For several years i got the odd threatening letter and the ''debt'' changed hands many times.
After the first 20 or 30 letters, i stopped collecting them and just used them for starting fires.
For the last two years it has been very quiet and i had completely forgotten about the whole episode, until about a month ago when i had a letter from ''Howard Cohen &Co'' another empty threat i thought and on the fire it went..
And now i received what appears to be a genuine Money Claim from Northumberland County Court dated March 15th 2016
Claimant
HOIST PORTFOLIO HOLDINGS 2 LTD
R/O FIRST FLOOR
LE MEASURIER HOUSE
LA RUE LE MEASURIER
ST HELIER, JERSEY
JEY 4YE
Address for sending documents and payments
HOWARD COHEN AND CO
SUITE 1B, JOSEPH'S WELL
HANOVER WALK, LEEDS, W. YORKS
LS3 1AB
Particulars of Claim
This Claim is for the sum of £3661.92 in respect of monies owing under an Agreement with the account no. XXXXXXXXXXXXXXXX pursuant to The Consumer Credit Act 1974 (CCA)
The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the Claimant and notice has been served. The Defendant has failed to make contractual payments under the terms of the Agreement. A default notice has been served upon the Defendant pursuant to s.87(1) CCA.
The Claiment claims
1) The sum of £3661.92
2) Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from the 27/01/11 to the date hereof 1870 is the sum of £ 1500.86
3) Future interest accruing at the daily rate of £ .80
4) Costs
Amount claimed £5162.78
Court fee £410
Legal representative's costs £100.00
Total amount £5672.78
I'm not sure exactly how to proceed.
I opened an account with Money Claim Online and went to Acknowledge the Claim, but got a little confused as to how i should approach this, as it was asking me whether i wanted to Defend all of this Claim or Defend part of this Claim, or Contest Jurisdiction..
Due to the fact that none of the other ''debt collectors'' have actually taken this to court over the last 5 or 6 years, makes me wonder whether they actually have anyting concrete to go on, or whether they're just trying their luck..
If i could have afforded it at the time, i would have paid Barclaycards settlement of £1813.20
Any help or advice greatly appreciated.
Peace
MajorWolf
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