CCJ from Barclaycard - advice please...

[wobbles1914]

Hi Folks,

 

I will be brief and provide more details if requested.

 

I have recently received a summons from county court regarding an outstanding b/card debt of around £2000. I have until next week to acknowledge and then another 14 days for defence.

 

HISTORY

 

I started making repayments in March 07 to Moorcroft until I found CAG and sent both DCA & BC a CCA request. DCA did not have agreemnet so sent the account back to BC. BC never responded to CCA.

I also sent a S.A.R - (Subject Access Request) to BC and received details that confirmed there were a few hundred pounds of unlawful charges on the account. I also did not proceed with the claim as I was processing another two at the time and wanted to focus on those. Now as you know, there is a "pause" on claiming due to OFT case.

 

QUESTIONS

 

How should I proceed in my defense? Should I use the fact that no CCA was provided and ask for one again in defense? Or should I reject claim based upon unlawful charges deeming the amount outstanding inaccurate?

 

Please help (as you always do).

 

Cheers

 

Wobbles

[Rtech]

Please note that there is NO OFT test case ref credit card charges,only current accounts,so as there are charges you are entitled to claim,therfore the account is in dispute and no action can be taken,would advise the Court of same.

[wobbles1914]

Thanks for the reply.

 

However, I am a little unsure how to set out my defence for:

 

1. CCA non-compliance

2. Unlawful charges

 

Wobbles

[Rtech]

Although my claims have failed to reach the Court stage,I would certainly go with the failure to produce the proper agreement,with prescribed terms, as requested by yourself,having no doubt paid a £1 for that info and have proof that this was sent/rec'd by BC.

My understanding regularly stated on this Forum is...No CCA=No Debt.

I would also get my claim in to BC for the penalty charges asap.

I hope this helps ,and am slightly surprised someone with this sort of experience has not given you the benefit of that experience,by donating to your post.

If I can help then will do,so pls keep posting.

[noomill060]

Hi wobbles-

 

I would ask for advice on this thread-

 

http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements-493.html#post1178963

 

There are some VERY knowlegable people there.

 

In short, you have an excellent, if not an ABSOLUTE defence against them.

[noomill060]

For a start-the Default Notice you will have recieved is faulty, void and legally meaningless, as the amount they are claiming contains unlawful debits and interest.

 

The list goes on, but post your request for advice on the above thread.

 

There is a template defence which you will find most useful.

[noomill060]

wobbles- when you say BCard owe you several hundred in charges, does this include interest on those charges?

 

If not, dont forget that they owe you this interest as well.

 

(Penalty charge + interest at the % rate you paid on each charge from the date it was debited = your claim)

[noomill060]

You could find that THEY owe YOU money- and lots of it!

[shane5408]

Hi Wobbles,

 

A few questions for you

 

When did you send the CCA and was sent Recorded Delivery? If so was it signed for?

 

Have you sent a SAR to Barclays, if so when and was it recorded

 

Have you seen a copy of the Creditors Particluars of claim yet?

 

regards,

shane

[wobbles1914]

Although my claims have failed to reach the Court stage,I would certainly go with the failure to produce the proper agreement,with prescribed terms, as requested by yourself,having no doubt paid a £1 for that info and have proof that this was sent/rec'd by BC.

My understanding regularly stated on this Forum is...No CCA=No Debt.

I would also get my claim in to BC for the penalty charges asap.

I hope this helps ,and am slightly surprised someone with this sort of experience has not given you the benefit of that experience,by donating to your post.

If I can help then will do,so pls keep posting.

 

Rtech,

 

I really appreciate your post and sentiments.

 

Cheers

 

wobbles

[wobbles1914]

wobbles- when you say BCard owe you several hundred in charges, does this include interest on those charges?

 

If not, dont forget that they owe you this interest as well.

 

(Penalty charge + interest at the % rate you paid on each charge from the date it was debited = your claim)

 

Noo,

 

I will come back to you will a definative answer when I have totalled the charges on a s/sheet. Thanks for your comments - I will enter a link in the above-mentioned thread.

 

Cheers

 

Wobbles

[wobbles1914]

Hi Wobbles,

 

A few questions for you

 

When did you send the CCA and was sent Recorded Delivery? If so was it signed for?

 

Have you sent a S.A.R - (Subject Access Request) to Barclays, if so when and was it recorded

 

Have you seen a copy of the Creditors Particluars of claim yet?

 

regards,

shane

 

Shane,

 

Thanks for your questions.

 

Yes, due to the fine reminders on CAG I sent both the SAR and CCA via recorded delivery. I still have the receipts. The fact they received the SAR is proved by the copy statements they sent me. However, there has been no reply to the CCA.

 

The POC:

 

QUOTE

 

Balance under an agreement regulated by the consumer credit act 1974 made between the defendant and the claimant or it predecessor in title and outstanding at this date. The defendant remains liable for making monthly repayments under the agreement until the outstanding debt is repaid...

 

UNQUOTE

 

Cheers

Wobbles

[car2403]

My understanding regularly stated on this Forum is...No CCA=No Debt.

 

We need to be careful here, as this isn't technically correct, Rtech - you would be right to say "No CCA=Unenforceable Debt", however! Just because they don't have a regulated agreement, doesn't mean that the debt doesn't exist. That "debt" is deemed unenforceable, so can't be enforced against the debtor.

 

We should be able to successfully defend this one, IMHO.

 

Other things I'd like to know are;

- Have you disputed any of the balance already?

- Have you had replies to these disputes?

- Have you corresponded with them since you received the claim form? If not, you need to take a look at my thread, here, and send a CPR request for more information ASAP;

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/110146-car2403-hfc-bank-default.html#post1146430

 

I don't think they have a case looking at their POC, like my case with HFC Bank, they haven't shown grounds for a claim in their POC, your defence will be they haven't proven grounds to bring a claim so you can't defend properly! The Judge might agree and strike the claim out. (I've taken a different approach with my defence and offered an "in the alternative" statement, in case that doesn't happen though!)

 

The main thing here is not to panic! (I know it's easier than it sounds!)

 

I also notice that your thread is tucked away where no one is likely to see it. I suggest you PM some MOD's/Site Helpers and get your thread moved to a more obvious sub-forum - it doesnt' really sit well in "legalities". I suggest main Debt forum.

[MoonHawk]

Exactly the PoC on my case with Next, word for word.

 

I have filed the defense that is on there, put together by Tomterm8. have a read and see.

 

But if you have not done so already, acknowledge the claim as soon as. That gives you an extra 14 days.

 

Best Wishes

MoonHawk

[noomill060]

wobbles-

 

For an easy way to calculate the interest of each charge go here:

 

Compound interest calculator

 

Use the drop down list to enter 12 "rests" per year and use the "360 day year" clicky button.

 

[noomill060]

Note - you need to do this for EACH charge, then add up the results for each charge to get the total you are owed.

[noomill060]

You may be pleasantly suprised...

[gizmo111]

Have a good read of the thread that moonhawk has directed you to where there is excellent advice. I will move this thread to general debt where you will get more advice on the subject.

[NitrousOxide]

Have a good read of the thread that moonhawk has directed you to where there is excellent advice. I will move this thread to general debt where you will get more advice on the subject.

I agree, take in what's on the thread. Send off Curly's letter in post 2.

Can I ask who the solicitor is?

[wobbles1914]

I agree, take in what's on the thread. Send off Curly's letter in post 2.

Can I ask who the solicitor is?

 

NitrousOxide,

 

The solicitor is Nelsons of Nottingham.

[ncf355]

Complicated I know

 

But if they havent provided a CCA I'd be inclined to make a counterclaim for all the interest they have ever charged on the account (or if you want to be able to quote rock solid case law, all the payments you have ever made on the account)

 

See Wilson v First County Trust

 

That'd learn 'em!

 

[wobbles1914]

You may be pleasantly suprised...

 

noomill060,

 

First all, thanks for getting "stuck in" and raising the profile on this thread!

 

Secondly, some more things to check...

 

Do I include the post-OFT £12.00 charges or only those above £12.00?

With regard to interest (from what I can remember from months ago) is that this is only mentioned when I raised a claim not on the LBA letter. Do I still need to do an LBA or do I go straight to raising a court claim (as we are already in a court setting?

 

Cheers

 

Wobbles

[wobbles1914]

Other things I'd like to know are;

- Have you disputed any of the balance already?

- Have you had replies to these disputes?

- Have you corresponded with them since you received the claim form? If not, you need to take a look at my thread, here, and send a CPR request for more information ASAP;

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/110146-car2403-hfc-bank-default.html#post1146430

 

 

car2403,

 

I will come back to you on these points.

 

Cheers

 

Wobbles

[tomterm8]

Looks like you are getting lots of good advice.

 

subscribing.

[Robdblynd]

Subscribing.