Mercers-Barclaycard**WON** - Page 10

Jeff2000 · 29th August 2008, 18:31

Quote:

Originally Posted by The GodMother

i dont think that it will hurt. In the eyes of the court it will then make u look good as u have then given them time or atleast thats what i was told when sorting someone elses case out.

That's what I was thinking.

The Court has dealt with my application and given them another deadline.
Therefore I should wait until the deadline has passed. If they haven't complied, then IMO, it's time the Court did something about it, so I'll be onto them like a flash!

Jeff.

The GodMother · 29th August 2008, 22:17

yep i think the courts need to start dealing with these companys properly as they are deliberatly using this as a delaying tactic and taking up a lot of courts time.

pt2537 · 3rd September 2008, 13:38

Quote:

Originally Posted by Jeff2000

Hi pt,

No not yet. Still considering my next move!

I have had no contact at all from either Barclays or Optima since they started the claim, with the exception of a copy of their AQ! It would also appear that they don't particularly like contacting the Court with required documents either!

As you know, they have been given a new deadline in which to supply certain information, so I'm just wondering whether I should at least allow them the chance to comply before I do anything else.

What do you think?

Regards, Jeff.

Hi jeff,

i would send Adrian a letter inviting them to withdraw the claim on the basis that both parties bear their own costs and that no further action will follow nor will they assign the debt in the future

they will most likely bite your hand off for that, as they know they will struggle with the claim

Jeff2000 · 3rd September 2008, 14:15

Quote:

Originally Posted by pt2537

Hi jeff,

i would send Adrian a letter inviting them to withdraw the claim on the basis that both parties bear their own costs and that no further action will follow nor will they assign the debt in the future

they will most likely bite your hand off for that, as they know they will struggle with the claim

OK pt. That shall be my next move!

Jeff.

The GodMother · 3rd September 2008, 18:05

Good luck Jeff

Jeff2000 · 11th September 2008, 21:21

Hello all,

I have recently received a reply to the last order, within the deadline!!!

It came via an e-mail attachment, with a hard copy to follow in the post!

Therefore I have about 1 month to submit my ammended defence!

I can e-mail a copy to anyone who would like to see it!

Regards, Jeff.

The GodMother · 11th September 2008, 21:40

does it fulfil the court order?

Jeff2000 · 11th September 2008, 22:00

Quote:

Originally Posted by The GodMother

does it fulfil the court order?

Hi GM,

More or less.

Although they still have not submitted a list of docs that they will be relying on.

They also claim that they have no statements prior to 2002!

Jeff.

The GodMother · 11th September 2008, 22:37

so they have not complied with various anti money laundering regs then.

i always thought that they had to keep everything until 6 years AFTER the acc was closed

Maybe u should call that into question

Jeff2000 · 11th September 2008, 22:45

Quote:

Originally Posted by The GodMother

so they have not complied with various anti money laundering regs then.

i always thought that they had to keep everything until 6 years AFTER the acc was closed

Maybe u should call that into question

I might just do that!

The GodMother · 11th September 2008, 22:50

i would not know how to but i think a letter to the company and the courts would be appropriate. Obviously quoting relivant law.....Information Commissioner's Office - Information Commissioners Office will help with any Data Protection Act issues like the 6 year rule.

Jeff2000 · 14th September 2008, 20:44

Hi all,

As stated in a previous post, I received some info from Optima via e-mail.

I have now received hard copies in the post.

They have sent a copy of the "agreement", which is in fact an application form and the same as the one I posted on this thread earlier.

A copy of the default notice. This was sent by Mercers and does not contain the address of the Claimant. Again, it's the same as the one previously posted on this thread.

Some statements, but only going back 'til 2002!

However, they still haven't complied with the very first order. (Disclosure of documents by list). Or, with my first letter that I sent way back in February.

I feel another letter to the Court coming on!!!

Regards, Jeff.

tinkerbell20 · 14th September 2008, 20:47

I would still do what PT suggests re letter

pt2537 · 15th September 2008, 00:29

Jeff

if the claim is struck out then they can restart proceedings if they choose or if they sell the debt to someone like 1st credit unless it is struck out and you obtain judgment

however, if you write as suggested and invite them to withdraw the claim via consent order and part of that order is that they will not pursue you for the monies nor will they assign the debt to anyone else, then if they do, you have an immediate counter as estoppal will kick in as they will not be able to do it and whats more you will have it in writing as well and the court will also have a copy of the consent order

it gives you protection my friend

i would go for it

The GodMother · 15th September 2008, 10:10

Hi Jeff.

What paul is suggesting sounds like a good idea to me.

It is obvious to me that they are not going to comply with the court orders and they are not able to produce anything as they cant even produce statements and other inportant docs which they have to keep under the money laundering regs.

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