Letter before action barclaycard

[warwick65]

Just a thought, if you want particular bank statements the bank will charge for each and every one, a SAR should provide you with a list of all transactions and quite possibly a copy of all statements

[jaguarsuk]

not sure whther just to let sleeping dogs lie

You have had a letter before action, so the dogs are going to file a claim if you just leave them to lie. They haven't sent the letter for any other reason than they have to before they can file.

It takes up to 40 calendar days to get the results of an SAR, so the sooner you submit it the better chance you have of getting the information before you have to file a defence.

Neither Barclaycard or Barclays (if they are whom you banked with) are party to the claim anymore, sending them a request isn't going to make them move the claim along as they had their money when they sold the debt.

If they file a claim that payment is going to be very important.

[Moomoo1212]

Hi jaguar
i was talking about the barclays account that you mentioned in your ealier post, the account that this disputed payment may have gone from. That one is lying dead at moment nad not sure whether to distub it....but i do understand the importance of this payment

The letter before action is for barclaycard, i do understand that the barclaycard one maybe will go ahead

[Moomoo1212]

Hi jaguar
did try anyway. Barclays acounts will only supply 5 years for a closed account

[jaguarsuk]

Hi jaguar
did try anyway. Barclays acounts will only supply 5 years for a closed account

If it's 5 years from the date of closure, then depending on when the account was closed that might still be enough.

If it's 5 from now.... excuse my french, but ...bugger!

[Moomoo1212]

Will go into branch and double check

[jaguarsuk]

Will go into branch and double check

As warwick65 said, it might be more financially efficient to do an SAR at £10 than to get statements at whatever they cost per sheet from the branch.

[Moomoo1212]

Well i only need this one statement from apr 2012 to verify this individual payment
if bramch cant verify then will do a sar
cheers jaguar

[Diana M]

send a SAR to Barclays cost £10.00 they have 40 days to supply all document etc regarding your account . . . . . . . also they seem by what you say not complied with CCA1974 request for actual copy of pre-2007 alledged agreement Subject Access Request Letter

As MIKE770 said previously, you need to send a SAR to Barclays because you need the full Barclaycard account history (not just the payment transactions) in order to defend any claim which is issued.

This will give you a head start.

Statements stop when an account is defaulted so that may be the reason you didn't get any after 2010.

Have you been sent an annual Notice of Sums in Arrears (s86) since the account defaulted?

If you were served with a Default Notice was it sent by Barclaycard or Mercers?

The SAR is necessary to help you assess the 'honesty and accuracy' of any documents produced especially the ones which have been reconstituted such as the credit agreement.

As important is the absence of documents/information in your SAR because if it's not there then how can the debt purchaser produce or reconstitute it

And so on.

Chasing old bank statements to 'prove' you didn't make a payment may not help you since a court may take the view that you could have paid by another means (such as a postal order etc) . It's the 'arrival' of the payment (or not) that matters.

Di

[Diana M]

i was talking about the barclays account that you mentioned in your ealier post, the account that this disputed payment may have gone from. That one is lying dead at moment nad not sure whether to distub it....but i do understand the importance of this payment

See my previous post # 54

Di

[Moomoo1212]

Thanx Diana
I did move out of that address along time ago..no sums of arrears or default notice at new address which they have known about for about 3 years.....but obviously could have been sent to old address

will do a Sar asap. Thanx again for your advice

[Moomoo1212]

Hi all....

i have just got hold of the march and april 2012 statements and there is no payment to barclaycard

this is i the only account i had at the time so cant see how a payment could have been made

[Diana M]

I know diana has stated its pointless so this is just for information purposes only

i have just got hold of the march and april 2012 statements and there is no payment to barclaycard

this is i the only account i had at the time so cant see how a payment could have been made

To be fair to me I didn't say it would be pointless.

I said that a SAR would be beneficial (and more cost effective) since it would include a substantial amount of other information which you would need in the event of a claim being issued.

I wish you success with this matter.

Diana

[Moomoo1212]

Diana
i really didnt mean it like that.....it was actually meant in a respectful way of what you stated., but obviously badly worded...meaning i respect what you stated but i will post just for people to know..so by by trying specifically not to ofend you by stating it was just for info purposes only and i didnt need a response as diana has clarified it, i ended up offending you
no you didnt say it was pointless . I can see how you go around clarifipying thinsgs from a legal perspective. and i was actualky very grateful for your clarification . it was just a badly worded response by me
apologies for any offence. . Xxx

[Diana M]

Diana
i really didnt mean it like that.....it was actually meant in a respectful way of what you stated., but obviously badly worded...meaning i respect what you stated but i will post just for people to know..so by by trying specifically not to ofend you by stating it was just for info purposes only and i didnt need a response as diana has clarified it, i ended up offending you
no you didnt say it was pointless . I can see how you go around clarifipying thinsgs from a legal perspective. and i was actualky very grateful for your clarification . it was just a badly worded response by me
apologies for any offence. . Xxx

It's fine. The written word is often misinterpreted.

I'm immersed in legal argument all day long because of my job so I naturally worry when I see anything on the internet which might lead to mistakes being made which could have negative consequences.

Statute Barred isn't only about the last payment.

Someone contacted me recently with solid evidence that they hadn't paid towards a debt for over six years. However a SAR flagged up a letter which they'd written to a DCA a year later which was undoubtedly an acknowledgement of the debt so the SB argument was blown out of the water (they had other legal arguments).

This new Pre Action Protocol 'Letter Before Claim' format unsettles debtors because of its formality. It feels more threatening than the old way of doing things. There's nothing on the form about where or how to get legal advice despite the fact that it's threatening legal proceedings. There's plenty on the form about 'how to pay' and what enforcement action can be taken if you don't pay and they get a CCJ.

You're right to do your research at this stage but at the same time keep your feet on the ground

Di