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CCJ from Barclaycard - advice please...


wobbles1914
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Some many questions so little time...

 

The original claim by OC is via MCOL.

 

1. If I post my defence and counterclaim on MCOL how will I be able to include the schedule of charges?

 

You will need to file your Defence and Counterclaim online, then post the Court and the Claimant a copy of the schedule, asking them to attach it to your Defence and Counterclaim

 

2. Can I use hardcopy defence & counterclaim (POC) and apply it against an MCOL claim?

 

Yes, you can, but you will have to post your Defence and Counterclaim to ensure it reaches the Court by 4pm on the deadline day for your Defence.

If I remember correctly from other claims, you can file Defence and Counterclaim and a schedule of charges by fax - it would be worth ringing the MCOL helpdesk to ask them if you can, send it with a confirmation report, then ring them again to check they've got it.

Remember, the Claimant can file for Judgement by Default if you don't meet the deadline for entering a Defence - it will then be a waiting game to see if the Judgement request, or your Defence, is processed first, which isn't a good thing. I also think that the Defendant will be given precedence over the Claimant's Judgement request, but I wouldn't rely on it - make sure you meet your deadline, somehow, is my advice!

Wobbles

 

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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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Firstly Tom, thanks a lot for your input and advice. Can you clear the above point up for me so that I understand what you mean.

 

The OC has charged me for example £25.00 and henceforth added this to the sum that is charged the contractual APR for the CC. Therefore can I claim for £25.00 x days x BIG% APR that I have paid sice the charge date?

 

Also does anyone know of a stable s/sheet that calculates CI?

 

Cheers

 

Wobbles

 

didn't see this; You should only charge CI to the extent that you actually paid CI on the money. If you didn't do so, you can't claim more interest than what you actually paid...

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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  • 3 weeks later...

Quick question guys and dolls,

 

I need to file my AQ for my counterclaim (CC charges). Is the current recommendation that I propose "draft directions" to the judge in the AQ to speed things up.

 

Please advise.

 

Wobbles

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I wouldn't spend too much time constructing Draft Directions, as the Judge is only like to allow standard disclosure (Fast Track) or cases/materials relied on (Small Claim) - you definately need to attached something though, so maybe request standard disclosure?

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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