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stopdoorsteppers

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  1. Hello I've been away for a couple of days. I remember seeing a default notice, but I think it was from a DCA not barclays themselves. I will check over the weekend.
  2. Hi everyone, Thanks to all of you who responded to my first post. I have 2 questions for those of you with legal knowledge. 1. Should I use the word "alleged" before every occurrence of the words debt and agreement when I write to the claimant with the cpr 31.14 request? 2. Should I put the words "without prejudice" at the top of my letter? Somehow I have got it in my head somewhere that doing these 2 things will afford me greater protection if the case ever gets to court. Is this true? If so, how and why? I am still quite new to this forum, so haven't yet figured out how to post direct to legal section or link to my previous post.
  3. Hi everyone, This is a great website with tons of info. Love it! This is my first time posting on here. I am trying to deal with a court summons, and could really do with some help with the N9B defence form. ************************************************************* This is the background to the case: I have had a Barclaycard since 2000. The balance at January 2010 was £8,900. Due to various financial problems, I stopped paying them. Also in January 2010, I sent them a CCA request, and they sent me a reconstituted copy of a credit card agreement. I have not paid them or contacted them since then, however now they have sent me a claim form from Northampton county court bulk centre for £9,900 (although MKDP are named as claimants). The particulars of the claim are: " the claimant claims the sum of £9,900 being monies due from the defendant to the claimant under a regulated agreement between the defendant and Barclaycard 4929************ and assigned to the claimant on 10-10-2011, notice of which has been provided to the defendant. The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the consumer credit act 1974. The claimant claims the sum of £9,900 and costs. The claimant has complied, as far as is necessary, with the pre-action conduct practice direction. " ************************************************************* Can I first be clear that I am not trying to get out of this debt, but I do not have the means to pay. I do not know if MKDP collections are just trying it on at court, or whether they have something solid to back them up. So now I need help with these questions: 1. Barclaycard only sent a reconstituted agreement in response to my CCA request. Is the debt unenforceable in court because of this? 2. Barclaycard only sent a reconstituted agreement in response to my CCA request. Does this mean they don't have the original executed agreement with my signature, and because of this, is the debt unenforceable in court? - Or is this just wishful thinking on my part? 3. What are the prescribed terms and what should I be looking for in the details of the reconstituted agreement that they sent me? 4. Part of the defence form says "if you fail to deny any allegation it may be taken that you admit it". I do not want to admit to anything, in case it is used against me at a later stage. In light of that, how could I word my defence and/or what should I include or leave out? ANY help will be greatly appreciated. Thanks all.
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