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CCJ from Barclaycard - advice please...


wobbles1914
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Noom & car,

 

Thanks v much for your input.

 

An update regarding outstanding SAR items - I found a phone number on this site for DPA dept of BC (inspite of Customer Services telling me that there is no number for them!). I spoke to a lady and explained that I was missing microfiche details. I was told that they had been sent some months ago, "hadn't I received them?". Anyway they are being processed and sent out urgently this week. I've been told I will receive by end of week.

 

At the moment I will hold fire on SAR claim, in case they arrive as promised. Then I will have a complete picture of the actual charges by the w/end.

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It's best to request whatever information you need under CPR - the DPA SAR can take ages and is a long drawn out affair if they don't comply. Non-compliance with a request under CPR won't go down well if you even get to trial.

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Your problem is the result of failing to assert your rights and follow your SAR and CCA requests through with well proven CAG advice, which is to assert your rights vigorously and work to a strict, no nonsense timetable in a business like manner.

 

You may get your statements, but even if you do get them by Friday, that only leaves you a week to work out a counterclaim, which we will all happily help you with, but you would be better off taking the advice of friends, than placing your faith in the company taking you to court.

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Your problem is the result of failing to assert your rights and follow your S.A.R - (Subject Access Request) and CCA requests through with well proven CAG advice, which is to assert your rights vigorously and work to a strict, no nonsense timetable in a business like manner.

 

You may get your statements, but even if you do get them by Friday, that only leaves you a week to work out a counterclaim, which we will all happily help you with, but you would be better off taking the advice of friends, than placing your faith in the company taking you to court.

 

noomill060,

 

Thanks for your comments. :) Let me explain...I didn't mean to upset you.

 

I have not been seduced by one civil phone call with BC and I by no means trust them (or any other commercial entity for that matter). As stated earlier your advice (and other CAG colleagues) is highly valued and I certainly don't think that I don't need help, because I do - lots of it.

 

I can't do anything about the past. I don't think I was the only one that assumed that the stay on bank claims also applied to credit cards - hence no action there. With regard to the CCA non-compliance, I was pleased that this appeared to make the debt unenforcable however, in spending days reading lots of threads there did not (around late spring time) appear to be a gauranteed "end-game" move that actually acheived anything significant (things may have moved on now though).

 

Back to the case in hand...

 

The way I see it is that I have two weeks max to compile a strong defence (with CAG assistance I hope). In spite of the help this is going to be a tall order for me. Therefore I did not want to spend time and energy raising a claim for a breach of S.A.R - (Subject Access Request) deadline, when the number one priority is the the defence of the BC claim.

 

IF the statements arrive this week, I would feel that time and energy had been lost preparing the case. I would rather fine tune the defence of this claim (CCA, default notice, etc). If you (or anyone) don't agree with this reasoning or it is a blatant error of judgement, please let me know.

 

This was my reasoning. I was not saying that I would dispense with CAG in favour of BC.

I know who my enemies are :eek:

 

Wobbles

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

Can I ask who the solicitor is?

 

Let's get going then.

 

I read Moonhawk's thread over the w/end. Do I understand it correctly that BEFORE I send in my defence, I should send a similar letter as noted in post #2 (relevant to my circumstances) to the solicitor for BC.

 

Should I clearly state that this is under CPR? What period of time should I give for them to comply (bearing in mind my timscales)?

 

Wobbles

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wobbles- my suggestion of starting a small claim for SAR non-compliance is to gain precisely what you are running out of - time.

 

Once a small claim for info pertaining to the amount of money claimed by Barclaycard is in the system, and the judge's attention is drawn to Barclaycard's non-compliance and the fact that, even on data you already have, you can show that at least half of the amount claimed is totally unenforceable, the judge will have no option but allow additional time for you to put a proper defence and counterclaim in.

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You should send this (CPR request) before you file your Defence as it may have a bearing on how you defend.

 

Curly's template gives 10 days, which fits with your timescales. If you give less, they may argue that they don't have time to collate a response.

 

The template makes it clear that it's a CPR request, but putting this in bold at the top of the letter will draw some particular attention that might speed the process up.

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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A CPR request will trump a Claim for Data Protection Act S.A.R - (Subject Access Request) enforcement - but doing both can't harm your case, really... A claim for SAR enforcement is pretty much a cut/paste job using the templates available on the forums.

 

Thinking out loud here - is there anything stopping a counterclaim for DPA enforcement on the current claim? Less paperwork/hanging around involved if not...

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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This is Civil Procedure Rule (CPR) 4.6

 

4.6 If the defendant does not accept the claim or part of it, the response should –

(a)give detailed reasons why the claim is not accepted, identifying which of the claimant's contentions are accepted and which are in dispute;

(b)enclose copies of the essential documents which the defendant relies on;

©enclose copies of documents asked for by the claimant, or explain why they are not enclosed;

(d)identify and ask for copies of any further essential documents, not in his possession, which the defendant wishes to see; and

 

(The claimant should provide these within a reasonably short time or explain in writing why he is not doing so.)

(e)state whether the defendant is prepared to enter into mediation or another alternative method of dispute resolution.

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This is CPR 4.3

 

More useful!

 

 

 

 

The claimant's letter should –

(a)give sufficient concise details to enable the recipient to understand and investigate the claim without extensive further information;

(b)enclose copies of the essential documents which the claimant relies on;

©ask for a prompt acknowledgement of the letter, followed by a full written response within a reasonable stated period;

 

(For many claims, a normal reasonable period for a full response may be one month.)

(d)state whether court proceedings will be issued if the full response is not received within the stated period;

(e)identify and ask for copies of any essential documents, not in his possession, which the claimant wishes to see;

(f)state (if this is so) that the claimant wishes to enter into mediation or another alternative method of dispute resolution; and

(g)draw attention to the court's powers to impose sanctions for failure to comply with this practice direction and, if the recipient is likely to be unrepresented, enclose a copy of this practice direction.

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A CPR request will trump a Claim for Data Protection Act S.A.R - (Subject Access Request) enforcement - but doing both can't harm your case, really... A claim for S.A.R - (Subject Access Request) enforcement is pretty much a cut/paste job using the templates available on the forums.

Thinking out loud here - is there anything stopping a counterclaim for Data Protection Act enforcement on the current claim? Less paperwork/hanging around involved if not...

 

No reason I can think of why a Data Protection Act order to comply, plus damages, shouldnt be on the counterclaim. If Barclaycard had complied with their legal obligation, wobbles wouldnt be in this position.

 

Just to be clear...

 

Do I do a CPR AND a new claim (counterclaim) for S.A.R - (Subject Access Request)

OR

Do I somehow include the S.A.R - (Subject Access Request) non-compliance in the CPR?

 

A little confused.

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Send the CPR letter now, include what you get in reply in your Defence and counterclaim for the DPA enforcement.

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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"Send the CPR letter now, include what you get in reply in your Defence and counterclaim for the Data Protection Act enforcement."

 

Plus damages. As stated above, I've sucessfully claimed £200 from various parts of Barclays empire for non-compliance with various SARs.

 

They have always settled before court. :D

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Although you cannot base your defence on a failure to comply with a CPR 4.6 request.

 

You COULD base a defence on their failure to comply with a S.A.R - (Subject Access Request), as they have no option but to comply with it by law, but chose not to.

 

You could point out that in failing to comply, they are knowingly concealing evidence that the claim against you is fraudulent.

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In fact, their non-compliance has cost them £200 + court fees+ interest each time I sent them a S.A.R - (Subject Access Request)!

 

:rolleyes:

 

Noom, I assume that this is the POC that you used. HERE

 

Car, is a new claim (the above) automatically a counter claim or do I need to refer to the original claim in the new one to link them.

 

Wobbles.

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A counterclaim is a claim to counter this claim, so needs to be made along with the Defence form - this isn't a new claim, which is the way you've described it.

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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A judge wouldnt be impressed bythem failing to supply documents under a CPR, but failing to comply with a statutory obligation to supply personal data under the DPA would be much more damaging to them.

 

Particularly when they are trying to profit from their unlawful charges by disregarding an Act of Parliament set up to help individuals against giant companies.

 

Do you get my drift?

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A counterclaim is a claim to counter this claim, so needs to be made along with the Defence form - this isn't a new claim, which is the way you've described it.

 

I see - thanks. I will get the CPR done and see what happens.

 

Thankyou both.

 

Nighty night.

 

Wobbles.

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