CL Finance Ltd./Barclay Card Claim

[semyaza]

Ok had another claim but from CL Finance. But I will try and do things properly this time. I have another 9 days to file the acknowledgment of service. I was trying to get my other one sorted out before this one but not as simple as I thought.

I have read loads and loads so I am hoping it goes something like this;

At this stage do I now request details under CPR18? On my last claim I got confused between a CCA request and a CPR18 request. But as it is subject to legal proceedings am I right in saying they have to send me all documents regarding this account? No need to send £1 this time?

As it is a barclaycard from around 1996 I think it was an application form from a magazine not a real credit agreement.

Also on my credit file CL Finance have added a default but specified Bank and not credit card. Does this make a difference?

Is it not slightly worrying that anybody with this type of account could potentially write to the credit card companies to request their CCA, then if an application form is produced you could just turn around and say 'no that's not mine'. This would screw up a lot of these old accounts.

Thank you again.

[pt2537]

whats the POCs say please?

[semyaza]

The POC on the claim form state, word for word:

The Claimant's claim is for the
sum of xxxx being monies
due from the Defendant to the
Claimant under a regulated
credit agreement between the
Defendant and Barclays Bank PLC
T/a Barclaycard under reference
xxxxxxxxxxx and
assigned to the Claimant on
the xx xxx, 2008

The Defedant has failed to make
payment in accordance with the
terms of the agreement and a
default notice has been served
upon the Defendant pursuant to
Section 87(1) of the Consumer
Credit Act 1974

The Claimant claims the sum of
xxxx.xx

[semyaza]

bump

[creditcardmug]

Originally Posted by semyaza

The POC on the claim form state, word for word:

The Claimant's claim is for the
sum of xxxx being monies
due from the Defendant to the
Claimant under a regulated
credit agreement between the
Defendant and Barclays Bank PLC
T/a Barclaycard under reference
xxxxxxxxxxx and
assigned to the Claimant on
the xx xxx, 2008

The Defedant has failed to make
payment in accordance with the
terms of the agreement and a
default notice has been served
upon the Defendant pursuant to
Section 87(1) of the Consumer
Credit Act 1974

The Claimant claims the sum of
xxxx.xx

Exactly the same as mine, i bet Cohens are acting for them, yes you need to send your CPR request asap, i sent mine to C L and a copy to Cohens by SD, CL wrote back to say Cohens advise they do not have to comply with the CPR, thats fine it will all go in my defence, just make sure you file your AOS in time, and send the CPR request.

[semyaza]

Thanks for that confirmation.

Just a thought but instead of the defendant haveing to be messed around waiting for a letter to come back from them just for them to say they don't have to comply, is there no way to strongly say it must be complied with? After all at this stage they are now bound to provide information to back up their claim.

[creditcardmug]

The problem is they will say, the info will be provided at disclosure stage i.e. after the AQ, thats why you have to reserve the right to submit an amended defence when the info is forthcoming, ive seen this on here a few times, its a way of confusing the unwary, you can make an application to the court for the docs, it will cost you £75, but is it worth it, they cant win without the correct docs on the day anyway IMHO

[semyaza]

Fair enough, makes sense. Seems that they are willing to fight hard for cases that sometimes cant be won so there must still be a fair bit of money otherwise these DCA's would have given up by now without a clear open and shut case.

I guess there's a lot of people still unaware of their rights so losing by default. Which is where this website comes in . If I had known 3/4 years ago I could have averted some of my problems earlier :-/

[creditcardmug]

I could have averted some of mine too if had come here earlier, some of them work like playing by numbers, if they issue 1000 claims, 900 they win by default (because people don't know their rights etc) they just let the other ones fail, and they're still quids in, don't forget a lot of the ones they got by default ,would have had a lot of unfair charges on, its just a numbers game for them i feel.

[semyaza]

Ok time for me to file my defence now. I have not recieved anything with regards to the CPR however I stupidly didn't send it recorded as I was trying to rush things. What shall I put in my defence?

[creditcardmug]

Originally Posted by semyaza

Ok time for me to file my defence now. I have not recieved anything with regards to the CPR however I stupidly didn't send it recorded as I was trying to rush things. What shall I put in my defence?

I think they will deny ever having recieved it, otherwise you would have got a letter by now saying they dont have to comply with the CPR, as i and a few others did,
I suggest you get another in the post with a covering letter to say you are sending it again as you havent had a reply from the first one.
Send it by special delivery this time and keep the reciept.

[semyaza]

ok will do. But what should I send via the acknowledgment service? 28 days are up tomorrow. Or rather 5 + 14 + 14 days are up tomorrow. I already filed the acknowledgment saying I am defending.

[creditcardmug]

What is the date on the court summons?

[semyaza]

There is none yet. I am just at the claim form stage at 5+27 days right now. I am guessing I have to file some kind of defence before the allocation questionaire is sent???? Bit confused at this stage.

[andyorch]

Hi Semyaza

You need to be sure that you've got your dates right in respect of when the AoS and defence needs to be filed. For example, if you receive a Court claim with an issue date of the 20th Juy 2008, you are given 5 days for service (delivery) so that takes you to the 25th July. You then have a further 14 days to file your AoS and if you need a further 14 days to file the defence, that is available to you. So in all, you get 33 days in total. If you are unsure, either post up the issue date here, or ring the Court ASAP, the number is on the front of the claim form, on the right hand side tiny print.
With regards to your intentions and if you intend defending then you need to do CPR 18 request again ASAP and give them 14 days to respond.Subject to their complience this will form the basis of your defence beit an holding defence or final.

I trust the above is of help


Regards

Andy

[semyaza]

I think I have to file defence today. The issue date was 14th July. I already acknowledged. Today is the 33rd day. Only problem is I am not sure what to send as a defence as I didnt get a response to the CPR 18 which I didn't send recorded. I have to wait till monday to send another one recorded this time.

[andyorch]

Semyaza

I had this done to me on Thursday night panic stations again.Ok well courts are quite flexable and the magic of MCOL we should be able to sort this out I have to go out shortly but will be back in very soon.


Regards


Andy