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BIRLEY66

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  1. Reposted the documents. Thanks Consumer Action SECOND.pdf
  2. Hi A hearing date has been set for 15th September 2016 - I filed my witness statement last week on Saturday theirs arrived and it pretty much contains all of the documents that my defence has been based on - the CCA looks in order with terms & conditions and my signature with nothing missing. It seems that despite my many requests they have produced it at the last minute and too late for me to do anything about it prior to court. I cannot find anything within the paperwork that I can challenge them on now - any advice for what I can do next given that the
  3. Thank you - I have completed & returned the forms and as advised ticked "yes" to Mediation.
  4. Hi As I have now defended this case I have been sent a "small claims track form" which I have completed but wanted to ask advice on the question of the Mediation Service. Would the advice be to say yes or no to using this service - I am unsure because since filing my defence I have heard nothing from the other side. Please advise. Thank you
  5. Hi Yes I can confirm that is as post #32 and has now been submitted. Kind regards
  6. Hi I have now put this up as my defence - which will be submitted within the next hour or so. I am so grateful for all of the help involved to get me to this stage and of course will update the thread with any responses. Defence 1 The Defendant contends that the particulars of claim are vague and 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. 2. Paragraph 1 is noted. I have had financial dealings with Barclaycard in the pas
  7. Hi Thank you so much - will get on with it right now.
  8. Hi I have read through the posts and I have now drafted my defence - any advice greatly welcomed. This has to be submitted today - I will be responding online and confirm that to-date I have had no replies to my requests for documents. 1.This claim is for the sum of £2708.39 in respect of monies owing under an agreement with the account xxxxxxx pursuant to the consumer credit act 1974. The debt was legally assigned by MKDP LLP (ex Barclaycard) to the claimant and notice has been served. 2.The defendant has failed to make contractual payments under the terms of t
  9. Hi I have spoken to Barclaycard this evening and they have confirmed that the last payment date was 07/05/2010 - I have checked my records and they are correct. Any advice or wording of my defence in relation to the requested documents not being here in time would be greatly appreciated. My calculations are that I have missed the Statue Barred by about 6/7 weeks. I am hoping that there is something in the documents that I can use and this now being a 2006 card might change things.
  10. Hi Unfortunately I was away when the papers first arrived and only just made the acknowledgment of service. I have sent the the CCA & CPR but these will not arrive back - given the time they have to comply in time for the defence. Can I apply for more time from the court - I read somewhere that you can extend to 28 days (please correct me if I am wrong) As the requests in all probability were never going to arrive back in time to help me - what would a person do in this situation given that any documents to aid my defence have not arrived? Thanks
  11. Hi Thank you for all your replies - I have now spoken to OC I had made an error with regards to the card (I did not realise that Littlewoods was Barclaycard) - Littlewoods one was cleared and in credit. This now changes things - the card I need assistance with was taken out in August 2006 (not 2007) and my last payment date was 07/05/2010 which means that I am out on the Statue Barred defence by about 6/7 weeks - I have checked with my bank and they are correct about the payment date and Barclaycard are the OC Do I have any options left? - I hav
  12. Hi Just wanted to ask what is the difference between last payment date and default date - is the default date the last date that payment was due but not paid? Thanks
  13. Hi My defence has to be submitted by 15/04/2016 if I understand the dates correctly? Thanks
  14. Hi Yes I have acknowledged and informed them of my intention to defend. I do not know the default date - Can I just contact the OC to confirm last payment date/default date to see what their records show? I understand that telephoning is not usually advised but I am on a time restriction and want to confirm these details before I submit a defence especially as it seems that this is Statue Barred and I will not receive the SAR from them probably until after the court deadline. Thanks
  15. Hi Name of the Claimant ? HPH2 ltd Date of issue – 15/03/2016 Date to submit defence = 15/04/2016 What is the claim for – 1.This claim is for the sum of £2708.39 in respect of monies owing under an agreement with the account xxxxxxx pursuant to the consumer credit act 1974. The debt was legally assigned by MKDP LLP (ex Barclaycard) to the claimant and notice has been served. 2.The defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the defendant pursuant to s.87(1) CCA. 3.T
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