Thread: Counter claim against Barclaycard for no CCA or issue of Default Notice?

I have another thread somewhere below (or up top if someone posts on it!) where Barclaycard have issued proceedings despite providing no CCA and they did not issue a Default Notice.

I have sent a letter to their legal bods, Optima, which is the CPR request as detailed on this site.

1 However, should I/can I make a counter claim in these circumstances?

2 If I can/should then is it best I do so asap just in case they withdraw their action rather than wait to file a defence?

3 I gather my counter claim would still be active even if they withdrew their action?

4 What would the counter claim detail? (ie with the default notice and/or anything else?)

Cheers

Similar Threads:

• Counter Claim against Barclays
• default notice from barclaycard

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Hi WAY, sorry i can't advise, but just give it a bit of time for others to come along. If you still don't receive any advice, PM your link to a site helper and they will have a look for you.

Best wishes

i agree Tom,

it would be better to ask for disclosure of document they intend to rely on under the CPR and then look at the Docs, if the default is flawed it would be a better argument than merely saying you never received it

Originally Posted by tomterm8

I tend to advise caution with counter claiming. Personally, if they don't have a credit agreement that is enforceable, I would defend on those basis. I might counter claim if unlawful charges have been added.

I tend to be cautious, but I would mention the default issue in my defence.

I just don't see how you can prove they didn't send the default notice.

Thanks for that Tom and Pt2537.

They have actually made an error where I have documented proof from themselves.

They have stated in the POC that a Default Notice was issued on the 25/09/07 and that I haven't complied with it since.

However, they actually sent me a letter of that date, 25/09/07, stating that I had not complied with a Default Notice sent recently.

No DN was ever sent to me at any time and they have obviously cocked up.

Surely they have entered this info onto my credit file and it is simply incorrect.

Also I CCA'd them back in July and they didn't comply.

Originally Posted by Hopeful1

Hi WAY, sorry i can't advise, but just give it a bit of time for others to come along. If you still don't receive any advice, PM your link to a site helper and they will have a look for you.

Best wishes

Thanks Hopeful. It really is a bizarre situation.

Hope this works.

barclaysletter.jpg - Image - Photobucket - Video and Image Hosting

barclays.jpg - Image - Photobucket - Video and Image Hosting

oh they shot themselves there

also the default notice is required to give you 14 days to remedy the default so they havent given you this, as the letter refers to the deadline of the 2nd oct but the default was dated 25th sep according to them

now youve laid it out i do believe youve got em by the *****cks and its time to squeeze

I'm going to post up my 'agreement' too they sent way back in July.

I know it's late but could you bear this thread in mind for tomorrow or so?

Thanks a lot.

barclaysapplication.jpg - Image - Photobucket - Video and Image Hosting

Wierd Al

subbing and also

On the application form you can still see your signiture through the black when viewed full size (unless its a scrible over) you may want to check it.

Good Luck

Originally Posted by MikeSplicer

Wierd Al

subbing and also

On the application form you can still see your signiture through the black when viewed full size (unless its a scrible over) you may want to check it.

Good Luck

Cheers Mike, yes, it's a scribble.

Nice of you to confirm it's an application form too!! Hope the Judge says so too!

Best wishes.

Originally Posted by pt2537

oh they shot themselves there

also the default notice is required to give you 14 days to remedy the default so they havent given you this, as the letter refers to the deadline of the 2nd oct but the default was dated 25th sep according to them

now youve laid it out i do believe youve got em by the *****cks and its time to squeeze

What are the implications of a credit card company demanding the full amount before the expiry of the default notice.

Originally Posted by Having_A_Knightmare

No Prescribed Terms you are laughing all the way..

Are you going to Court as it looks like this is from the bulk centre

HAK

Yes, I have sent off the CPR for all the information and I have acknowledged to defend all the claim.

I think they may withdraw once I file my defence but I guess they'll just send a new Deafault and summons me again.

But they still haven't got the agreement.

Regards

Originally Posted by humbleman

What are the implications of a credit card company demanding the full amount before the expiry of the default notice.

Good question humbleman. That's why I may have a counterclaim I think.