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I will be brief and provide more details if requested.
I have recently received a summons from county court regarding an outstanding b/card debt of around £2000. I have until next week to acknowledge and then another 14 days for defence.
HISTORY
I started making repayments in March 07 to Moorcroft until I found CAG and sent both DCA & BC a CCA request. DCA did not have agreemnet so sent the account back to BC. BC never responded to CCA.
I also sent a S.A.R - (Subject access request) to BC and received details that confirmed there were a few hundred pounds of unlawful charges on the account. I also did not proceed with the claim as I was processing another two at the time and wanted to focus on those. Now as you know, there is a "pause" on claiming due to OFT case.
QUESTIONS
How should I proceed in my defense? Should I use the fact that no CCA was provided and ask for one again in defense? Or should I reject claim based upon unlawful charges deeming the amount outstanding inaccurate?
Please note that there is NO OFT test case ref credit card charges,only current accounts,so as there are charges you are entitled to claim,therfore the account is in dispute and no action can be taken,would advise the Court of same.
Although my claims have failed to reach the Court stage,I would certainly go with the failure to produce the proper agreement,with prescribed terms, as requested by yourself,having no doubt paid a £1 for that info and have proof that this was sent/rec'd by BC.
My understanding regularly stated on this Forum is...No CCA=No Debt.
I would also get my claim in to BC for the penalty charges asap.
I hope this helps ,and am slightly surprised someone with this sort of experience has not given you the benefit of that experience,by donating to your post.
If I can help then will do,so pls keep posting.
a jacuzzi with Bananarama. I have not lived in Bolton since 1986
Posts
6,823
Re: CCJ from Barclaycard - advice please...
For a start-the Default Notice you will have recieved is faulty, void and legally meaningless, as the amount they are claiming contains unlawful debits and interest.
The list goes on, but post your request for advice on the above thread.
There is a template defence which you will find most useful.
Although my claims have failed to reach the Court stage,I would certainly go with the failure to produce the proper agreement,with prescribed terms, as requested by yourself,having no doubt paid a £1 for that info and have proof that this was sent/rec'd by BC.
My understanding regularly stated on this Forum is...No CCA=No Debt.
I would also get my claim in to BC for the penalty charges asap.
I hope this helps ,and am slightly surprised someone with this sort of experience has not given you the benefit of that experience,by donating to your post.
If I can help then will do,so pls keep posting.
wobbles- when you say BCard owe you several hundred in charges, does this include interest on those charges?
If not, dont forget that they owe you this interest as well.
(Penalty charge + interest at the % rate you paid on each charge from the date it was debited = your claim)
Noo,
I will come back to you will a definative answer when I have totalled the charges on a s/sheet. Thanks for your comments - I will enter a link in the above-mentioned thread.
Have you seen a copy of the Creditors Particluars of claim yet?
regards,
shane
Shane,
Thanks for your questions.
Yes, due to the fine reminders on CAG I sent both the SAR and CCA via recorded delivery. I still have the receipts. The fact they received the SAR is proved by the copy statements they sent me. However, there has been no reply to the CCA.
Balance under an agreement regulated by the consumer credit act 1974 made between the defendant and the claimant or it predecessor in title and outstanding at this date. The defendant remains liable for making monthly repayments under the agreement until the outstanding debt is repaid...
... out... in... out... I'm shaking it all about...
Posts
11,407
Re: CCJ from Barclaycard - advice please...
Originally Posted by Rtech
My understanding regularly stated on this Forum is...No CCA=No Debt.
We need to be careful here, as this isn't technically correct, Rtech - you would be right to say "No CCA=Unenforceable Debt", however! Just because they don't have a regulated agreement, doesn't mean that the debt doesn't exist. That "debt" is deemed unenforceable, so can't be enforced against the debtor.
We should be able to successfully defend this one, IMHO.
Other things I'd like to know are;
- Have you disputed any of the balance already?
- Have you had replies to these disputes?
- Have you corresponded with them since you received the claim form? If not, you need to take a look at my thread, here, and send a CPR request for more information ASAP; http://www.consumeractiongroup.co.uk...ml#post1146430
I don't think they have a case looking at their POC, like my case with HFC Bank, they haven't shown grounds for a claim in their POC, your defence will be they haven't proven grounds to bring a claim so you can't defend properly! The Judge might agree and strike the claim out. (I've taken a different approach with my defence and offered an "in the alternative" statement, in case that doesn't happen though!)
The main thing here is not to panic! (I know it's easier than it sounds!)
I also notice that your thread is tucked away where no one is likely to see it. I suggest you PM some MOD's/Site Helpers and get your thread moved to a more obvious sub-forum - it doesnt' really sit well in "legalities". I suggest main Debt forum.
Always happy to help where I can!
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Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.
I have filed the defense that is on there, put together by Tomterm8. have a read and see.
But if you have not done so already, acknowledge the claim as soon as. That gives you an extra 14 days.
Best Wishes
MoonHawk
I think it would be a good idea. Mahatma Gandhiwhen asked what he thought of Western civilization
Advice & opinions of MoonHawk are offered informally, without prejudice & without liability.
Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
Lloyds TSB - Unlawful charges - Settled £8,807.68
Motor Help UK - Misrepesentation Act - Settled £111.25 (Thread Here)
Next Directory court action without a CCA for £605 - Settled & account closed (Thread Here)
CABOT - Can not produce CCA and refusing to accept it - In progress
Aktiv Kapital - Can not produce CCA and also refusing to accept it - In progress
Barclaycard - Can not produce CCA for an account of £2,000. After a long fight used CPR - Settled CRA files next to clear
Have a good read of the thread that moonhawk has directed you to where there is excellent advice. I will move this thread to general debt where you will get more advice on the subject.
Have a good read of the thread that moonhawk has directed you to where there is excellent advice. I will move this thread to general debt where you will get more advice on the subject.
I agree, take in what's on the thread. Send off Curly's letter in post 2.
Can I ask who the solicitor is?
CCJ from Barclaycard - advice please...
regarding an outstanding b/card debt of around £2000. I have until next week to acknowledge and then another 14 days for defence.
and sent both DCA
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Originally Posted by Rtech
