well then holding defence

but thats 33 days away from the date on the claimform

and not sure where you are reading

but you'll never get to see the deed of assignment.

if you simple type in claimform Barclaycard

in our search CAG box of the top red toolbar

there are 100's of like claims for old BC cards for you to read.

you'll soon get the idea

I've looked at some examples, and they all seem to deal with one major debate - carey

as my agreement was opened in 1986, following the usual defence factors, is my main one concerning the fact that as it's 1986 carey isn't a valid argument? it seems that the general concensus about the other aspects (defaults, deed of assignment) aren't worth arguing about because the claimant can cut and paste info and it will be accepted as a valid document?

I've looked at some examples, and they all seem to deal with one major debate - carey

 

as my agreement was opened in 1986, following the usual defence factors, is my main one concerning the fact that as it's 1986 carey isn't a valid argument? it seems that the general concensus about the other aspects (defaults, deed of assignment) aren't worth arguing about because the claimant can cut and paste info and it will be accepted as a valid document?

All dealt with in a Witness statement...post defence...not for inclusion within your initial defence.

having looked at the threads, the common mistake seems to be what to put in your initial defence. if it's to do with the agreement being pre 2007, and to keep it brief, does my defence merely state that I've requested the original document but have yet to receive it, and as such dispute the legal validity of it?

there is no common mistake..in any of our holding defences....

and why do you keep mentioning deed of assignment?

none of our holding defences mention anything about that at all.

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=claimform+Barclaycard+hoist+hph2&sa=Search+CAG#gsc.tab=0&gsc.q=claimform%20Barclaycard%20hoist%20hph2%202016%202017

what i meant was in terms of what members put in their correspondence....thereby complicating things and prejudicing their position......

i mentioned deed of assignment only based on what i've seen posted from site members about no chance of getting copies of deeds of assignment if that's part of the defence......it seemed based on advice given in posts that you can't rely on saying that a default/NOA/DOA isn't admissible if it's a cut and paste.

i may use the wrong wording, in which case i apologise, but this is new to me, and it's difficult reading so many threads to get a picture of what to put in my witness statement, rather than holding defence?

I have just drafted a witness statement in the following thread...have a read and you will notice the difference between a defence and a witness statement.

http://www.consumeractiongroup.co.uk/forum/showthread.php?477133-1st-Credit-moon-beever-stayed-claim-HBOS-Credit-Card-lifted-stay-now-at-DQ-help/page3

The initial holding defence which puts the claimant to proof is stage 1...its vague for a reason and simply tests the claimant to see if they have the correct documents and if they wish to proceed to stage 2 of a claim.

If they do then the witness statement deals with all the particularised points not in the initial defence.

Its really easy to understand and cant see why you cant accept this simple process ?

Would you show all your cards at the beginning of a poker game ?..Litigation is the same.

thanks andy....am i right in that it's the witness statement re:1st credit/moon beaver? if so, then it helps me compare where i'm at with hoist/robinson way now.

because of the age of the account, i had to speak to them to get certain bits of information so i could answer your standard questionnaire before advising me accordingly. does the fact that i've spoken to them prejudice my potential defence, rather than witness statement?

phone calls don't count

thanks andy....am i right in that it's the witness statement re:1st credit/moon beaver? if so, then it helps me compare where i'm at with hoist/robinson way now.

 

because of the age of the account, i had to speak to them to get certain bits of information so i could answer your standard questionnaire before advising me accordingly. does the fact that i've spoken to them prejudice my potential defence, rather than witness statement?

Yes I stated witness statement above not a defence

" does the fact that i've spoken to them prejudice my potential defence, rather than witness statement? "

No....but no more tete-a-tetes or you will.

that's a bonus then, they sent me an email saying that action had been put on hold whilst they investigated my claim, then when i chased them up, the lady had to apologise saying that what she should have said, was that FURTHER action would be put on hold, not the claim itself, thereby wasting 5 days of the timeline for me to get advice from you guys!

A claim cant be put on hold......no more chats or advice from the claimant...or you lose.

duly noted......do i use their email as evidence that they don't have a clue?

duly noted......do i use their email as evidence that they don't have a clue?

Yes but your a long long way from evidence and witness statement yet...simple holding defence first.

k, will let you know when the cca and cpr's have been signed for....

doesnt really effect anything we don't need to know

in fact you don't want them to reply anyway .......think about it....

just don't miss your defence filing date.

so my defence needs to be received on or before the 5th Aug, which is a sat, so friday presumably?

claimform date is ONE in the count.......

dx

cheek! so then 4th august.....they'll probably leave sending any docs until the last day or two of the timeline they have to adhere to just to **** me off.

cheek! so then 4th august.....they'll probably leave sending any docs until the last day or two of the timeline they have to adhere to just to **** me off.

They wont be sending anything...dont be waiting for a response to start your defence.

k, so my defence needs to cover points covering;

no documentation

pre 2007

previously requested original copy of agreement, not sent

can i put together a decent defence if i don't know what they might send back, having read lobster's threads, they could send back a bundle, just to take time up for me to go through them?

All the examples of standard holding defences are in the Legal Success Forum as already advised...which already contain the above points....except for pre 2007 which is particularised in the witness statement.

this is where i think i'm going wrong andy, in previous posts, the holding defence referred to was me sending off the cca and cpr requests, or have i mis-interpreted it completely?

Last comment from me tjghy...I can't afford to spend any further time answering the same points.....

Post #24 in the following thread is a standard holding defence which puts the claimant to strict proof to disclose the documents it relies upon as the basis of their claim.

http://www.consumeractiongroup.co.uk/forum/showthread.php?468485-Arrow-Restons-Claim-form-old-HSBC-credit-card-debt-***Claim-Discontinued***/page2

Simply copy and paste and amend it to suit your particulars.....even better find a thread same claimant same solicitor same type of debt and amend to suit.

All holding defences refer to making CPR 31.14 and CCA section 77/78 requests.