Congratulations on your win, Paul:)

Were there no prescribed terms on the application form? If not, did that argument swing it more than the s59 argument?

I'm really intrigued by the s59 approach, so any info you can give me will be very gratefully received;)

I have broached the subject on another thread, but been advised that signing the credit card would overcome s59. I must be dim, 'cos I can't see how that would be.....

I am very glad for you,well done.

I am just starting off on the same journey,and to hear this is very good news,best wishes.Steve

Excellent work Paul. Very encouraging

Well done Paul;)

Congratulations on your win, Paul:)

 

Were there no prescribed terms on the application form? If not, did that argument swing it more than the s59 argument?

 

I'm really intrigued by the s59 approach, so any info you can give me will be very gratefully received;)

 

I have broached the subject on another thread, but been advised that signing the credit card would overcome s59. I must be dim, 'cos I can't see how that would be.....

I made the judge aware that no prescribed terms were on the document as well as stapleing it to the AQ which prompted the judge to order the Claimant to forwarded a compliant agreement in accordance with para 1(a) of the annex....obviously they couldn't.

Proposed directions

1 The Claimant shall no later than 4:00pm on (date) deliver to the Defendant a verified true copy of each of the following documents that the Claimant seeks rely up on.

(a) The executed regulated consumer credit agreement made between the defendant and Barclaycard.

(b) the default notice

© a full and complete statement of account covering the period beginning with the day of the making of the agreement and ending on the date of the commencement of this case.

(d) Notice of Assignment

Thanks Paul:)

So the main argument was no prescribed terms backed up by s59, to further show it was a pre-contractual application form and not an agreement?

Thanks Paul:)

 

So the main argument was no prescribed terms backed up by s59, to further show it was a pre-contractual application form and not an agreement?

Yep.

That's what I like, succinct answers:D Thanks again Paul.

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Congratulations Paul and family.

And offers more faith for the rest of us!

x:)x

I thought it worth posting up the Barclaycard application, POC and the Judges order....as it was small claims I was able to speak for the trouble and strife....may be of some help.

Well done to you both Paul ,any update on this or did they give up and you,re leaving it to become statute barred or are you pursuing them to get the default etc rescinded ?

Well done to you both Paul ,any update on this or did they give up and you,re leaving it to become statute barred or are you pursuing them to get the default etc rescinded ?

They had to give up as the Judge struck out the claim. Unfortunately they couldn't prove their case. :)

A result ,fair play to you both,you,d obviously done your homework and great to be rewarded