Hi Guys, unfortunately this one was lost. Judge didn’t take any notice and said that the debt was admitted due to a payment 5 years ago via a debt management plan. Said that the fact the details were from egg rather than Barclaycard didn’t matter even though it was never an egg card. Ruled a judgement with costs. luck of the draw, just got a bad judge today.

Hi yes, apologies I forgot to add this. Defence:- The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 2. The Claimant claims £1500 is owed under a regulated consumer credit account under reference xxxxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. 3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied. The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. 5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request. 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Cheers, just checked the BIN is 492910 which shows as barclaycard platinum, now I previously had an egg card myself and I remember when it went over to barclaycard they didn't change the number of the card (pity I don't have it now to check). Not sure how I can prove otherwise anyway... Will mention it but haven't really got anything to support it They have only provided statements for approx 9 months (no transactions apart from default and small payments), no understanding of what the balance is made up of, no statements based on the 'egg' period of time, and nothing for the 3 years before they acquired the debt at a different level compared to the final statement that has been provided by barclaycard.

So T&C's should have a time and address on them, there is no information about the IP address or signup confirmation, its just a list of details that would be entered. She is pretty sure she never applied for an egg card, but did apply and have a barclaycard at one point. Not sure if there is an easy way of confirming if the account is ex egg or barclaycard?

Date 23/02/2018 Particulars of Claim What is the reason they have issued the claim? The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxxxxxxx and opened effective from 06/03/2008. The agreement is regulated by the consumer credit Act 1974, was signed by the Defendant and from which credit was extended to the Defendant. 2. The Defendant failed to make payment as required and by 27/09/2013 a default was recorded. 3.As at 03/09/2016 the Defendant owed Barclaycard plc the sum of £1565. By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective 30/09/2016 and made regular upon the Claimant serving a Notice of Assignment upon the Defendant shortly thereafter. 4. The Claimant claims- 1. £1645 2. Interest pursuant to Section 69 county courticon Act (1984) at a rate of 8 % per Annum from 30/09/2016 to 23/02/2018 of £161 And thereafter at a daily rate of £0.33 to date of judgment or sooner payment. What is the total value of the claim? 1900 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes, twice Did you inform the claimant of your change of address? Yes Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? credit card When did you enter into the original agreement before or after April 2007 ? yes March 2008 Do you recall how you entered into the agreement...On line /In branch/By post ? it says online but it was actually in branch, says its egg but she is convinced she never had an egg card but did have a barclaycard Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? No Why did you cease payments? Financial Issue What was the date of your last payment? Sept 2013 File to upload no 1.pdf Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes File_to_upload_no_1.pdf File to upload no 2.pdf So a bit more history Claim made Feb 2018 - CPR request send March, Letter back to say they didn't have the information April and would stay the claim 01 Aug 2019 pack received with Tomlin order. Claim restarted 30 sept 2019. Date confirmed April 2020, on hold because of covid. Restarted, mediation call end of August.

Hi Guys, Need a bit of help, have been defending this claim for my partner, it was stayed for approx 14 months, restarted then stayed again because of covid and has re-started again. I am currently assisting with the witness statement and could do with help. Following will be the details requested

Thanks Andy, will let you know if and when they respond..

So would a simple letter with the breakdown and details of where to send the payment, with a copy of the judges decision be enough as a starting point?

Hi Andy, Sorry snow got in the way so didn't get chance to reply till now... No haven't sent the solicitor a bill of costs, would it be to the solicitor or claimant? Is this simply a letter outlining what the costs are for along with a copy of the order? The only bills of costs I have seen have been claimant ones that are very detailed and used for cost negotiation? Thanks

Hi Sorry for the delay in updating the thread. It was Stafford. So the claimant was told to pay the costs within 14 days, this hasn't happened. I have read on another thread that we would need to request a General Order pursuant to CPR 44.3.1 & 2a How would you go about doing this? Thanks in advance, I have yet to figure it out?

Hi Guys, I wanted to update you guys with the following: Attended court this morning, the Judge looked through the information and asked about the bills that had been submitted and offered the following judgement (I will try and remember most of it) He believed there was a contract in place and that a contract was entered into He believed the debt was correctly assigned to the company, and that the company was able to bring about the action. He believed the assignment letters and pre-action letters had been sent and received by the defendant. The claimant relied on terms of contract, the contract has not been provided so therefore it was fatal to the claim. The 3 months bills that had been submitted did not show how the debt had been incurred, he would have needed to see a full statement of account for him to rule if it was correct or not and the claimant had not provided enough information. He dismissed the OFCOM termination statement as he couldn't see any termination fees on any of the documents provided. Pretty much dismissed everything else in the witness statement. Dismissed claim with costs awarded to us. So would like to thank you guys for your help and also the information provided previously from the threads I had read while submitting the defence. I will certainly be donating and hope it helps other people.

ok excellent, Many thanks will update you if there is any further developments.

Thanks Andy, Yes some googling has brought up the 'Mckenzie friend'. How do we inform the court I would also like to attend? Should it have been something that would have been part of the witness statement?

Witness statement has now been submitted, along with a copy of the original CPR request. Going to now start to prepare for the court date. One question, am I allowed to attend with my partner who is the defendant? would it be possible to help represent her or would she lead? Witnesses was put down as 1 on the directions questionnaire? Is it a case of speak when spoken to? Thanks!

Hi, Please find enclosed a draft WS. any advice or input would be greatly received. In the Claim No..... BETWEEN JC International Acquisition LLC -and- (Defendant) -------------------------------------------------------- WITNESS STATEMENT OF (Defendant) --------------------------------------------------------- 1. I make this statement in support of my defence to the claim above and include relevant evidence and exhibits. 2. This claim is in respect to termination fees under a contract to supply Land and Mobile Line Telephone Services to (Address) 3. The witness statement supplied by the claimant advises the contract was entered into on 13th June 2011 and was terminated on the 24th January 2013 with a balance of £166.75 4. I do not recognise any of the account details and have no knowledge of this account. 5. I do not recall having received a Notice of Assignment, as stated by the Claimant and despite my request for a copy of said document, under CPR 31.14, the Claimant has failed to provide me with such to date. Therefore the Claimant is to provide strict proof to: (a) show how the Defendant has entered into a Agreement/ Contract; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 6. While I resided at (the address) I was married, and it was my husband at the time that dealt with all services and bills. 7. I left the matrimonial home on the 01/01/2012 and was unable to access anything after this time 8. Without the original agreement I cannot advise if this agreement has been taken out fraudulently. 9. Pages 1 – 6 showing recreated monthly bills, the bills dated 20/12/2012 and 20/01/2013 appear to show the exact same itemised call lists but with different dates which would be incredibly unlikely and these may have been generated with no relevance to the actual account. 10 Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of the remaining contract, is unlikely to be fair, as it fails to take into account the fact that the provider no longer has to provide and pay for their service. 11 By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed, or any relief.