Barclaycard - County Court Claim**WON**

[Heather58]

PT, we have had no documents whatsoever, no credit agreements, no disclosure documents, NOTHING.

 

Neither have the court, that is why I sent them an informal letter asking for the case to be struck out. That is when my partner received General Form of Judgement or Order which ordered that

 

1. Time for Claimant to serve Disclosure Statement is extended to 4pm on 8th July 2008

 

2. If the Claimant defaults , the Defendant may apply, on notice, for such order he seeks.

 

We haven't had time to ring the Court yet to see if they met the above deadline.

 

I am going to assume they haven't sent anything - next thing this letter shows up in our post.

 

Blooming cheek!!

[pt2537]

Oh , thats nice then

 

No agreement, no disclosure by list, nowt , but they want you to negotiate

 

BLESS THEM

 

As a matter of urgency i would contact the court

 

then we need to look at what we do about this, i think an application for an order would be best but it costs money

 

however if the court strikes their claim out, then they are stuffed

[robcag]

 

then we need to look at what we do about this, i think an application for an order would be best but it costs money

 

however if the court strikes their claim out, then they are stuffed

 

Hi Paul

 

Would it be possible for Heather to include in the draft order for the strike-out an order for (wasted?) costs?

 

Cheers

Rob

[Heather58]

PT, My partner contacted the court this morning and they have received papers from Barclays this morning, 9 days after their extension date. The lady at the court says this is normal, but we can write in and tell the judge that we are not happy, even though Barclays put in their letter to the court that we would not mind that it has been delayed.

 

The court are sending out a copy of the papers in today's post. What should we do now - I personally want to write to the court and tell them that we are unhappy that they did not meet the extension on the order and that we wish to apply for an order to have case struck out, but don't know whether we can do this.

 

Also, we have the issue of the letter we received trying to negotiate settlement of which the court have no knowledge of this letter and we are not able to show them, but we only have 7 days to reply to it.

 

PLEASE HELP

[pt2537]

Hi Heather,

 

Right,

 

Well, we need to see this credit agreement and other documents that they have sent the court.

 

quite simply until we see it, we really dont know the strength of their case

 

With regards to the letter, can you PM me the name of the person who wrote to you please, i have my thoughts and would like to confirm it either way

 

the best thing to do i feel, is write back to them and point out that they have not disclosed the credit agreement todate and they have once again missed the court deadlines

 

point out that until such time as you have received their documents you are not in a position to negotiate and will happily negotiate with them when they supply the information, which you have requested and have a legal right to

[Heather58]

No papers arrived today, and 7 day deadline for reply to letter getting closer.

 

Lets hope the papers are in the post tomorrow.

[Heather58]

PT, I PM'd you earlier the name you requested, what were your thoughts?

[Heather58]

Bump

[Heather58]

Hi PT, I don't know whether you've seen my earlier threads, but here is what my partner got sent from the Court, he received them today.

[Heather58]

The images are too small, I will send them again.

[Heather58]

Hi PT, I don't know whether you've seen my earlier threads, but here is what my partner got sent from the Court, he received them today.

 

Barclays1.jpg - Image - Photobucket - Video and Image Hosting[/url]

http://i272.photobucket.com/albums/jj187/Heather5824/Barclays/Barclays2.jpg

Barclays3.jpg - Image - Photobucket - Video and Image Hosting

Barclays4.jpg - Image - Photobucket - Video and Image Hosting

[pt2537]

Hi Heather, right well, you need to write back to Barclays solicitors asking to provide you copies of the credit agrement and any other documents that you would like to see

[Heather58]

We can't ask to see the agreement as on Page 4 of this disclosure list it says that statements over 6 years and the original agreement are no longer held by the Claimant.

 

Also what about the letter we received from Barlcays which gives us 7 days to reply. time is up on Tuesday and this is letter we can't show to court.

[pt2537]

you can ask for a copy of the application form which is at point one of the DBL statement

 

with regards to the letter , i dont see what you can do about it, until you have seen the application form how the heck can you see if they have a case or not.

[pt2537]

BTW there is one file which is completely unreadable so i can only make judgment based upon what i can see

[Heather58]

which one can't you read and I'll try and upload again.

[pt2537]

Barclays4.jpg - Image - Photobucket - Video and Image Hosting

 

that one

[Heather58]

Here is the page you could not read.

 

Barclays4-1.jpg - Image - Photobucket - Video and Image Hosting

 

Do you think I ought to write to Barclays and tell them we are not in a position to agree a settlement due to lack of paperwork we have not received.

 

And should I write to the Court to tell them that they missed extended deadline and we are not happy, and also inform them that we hold a letter we are not able to show them?

[Heather58]

Hi PT,

 

Have you read my last thread, any suggestions?

 

Ps. Thanks for all your help so far

[pt2537]

Ok so they no longer hold the original but they do have a copy of it

 

so lets aks for the copy under the disclosure provisions

 

we NEED to see what they have

 

it may be worth writing to the court politely pointing out that they did indeed mis the deadline for service of the DBL and as a result this is causing you frustration

 

the main thing is that you should write back to our friend at barclays telling him that you did not recieve their DBL until late and are not as matters stand in a position to negotiate until you have seen the agreement which this claim is based

 

Regards

paul

[Heather58]

Thank you, I will do that today and fax Barclays from work tomorrow, I can drop a letter into Court by hand tomorrow.

[Heather58]

Hi PT, I sent a letter back to Adrian Ruffhead at Barclays to say that we were not in a position to negotiate as we had not seen any paperwork and at the same time also requested he send me copies of the 11 documents he is relying on in Court.

 

We received those papers today and they consist of statements of credit card transactions from 2006, Mercers default notice, letters from Optima, with a Letter before Action, which we did not even receive, as well as a Barclaycard Application filled in and signed by my partner, but there are parts we cannot even read, that is why I have not uploaded a link to you to view it. There is a part on the application which says Credit Agreement regulated by the Consumer Credit Act 1974, but the small print is eligible.

 

What would be our next move?

 

Also I wrote a polite letter to the Court informing them that we were unhappy that Barclaycard went 9 days over the extended time limit to supply Disclosure Documents and asked that he stick by his Order and let us serve notice to have the case struck out. Awaiting a response from them on this.

[creditcardmug]

The problem with "letters to th court" is that they are placed into a file and read only when and if they are placed before a judge, and this in most cases only happens when a hearing takes place, as i understand it.

The only way of circumventing this is to make a "formal application" which you have to pay for, again as i understand it.

Perhaps others would care to comment?

[pt2537]

Hi PT, I sent a letter back to Adrian Ruffhead at Barclays to say that we were not in a position to negotiate as we had not seen any paperwork and at the same time also requested he send me copies of the 11 documents he is relying on in Court.

 

We received those papers today and they consist of statements of credit card transactions from 2006, Mercers default notice, letters from Optima, with a Letter before Action, which we did not even receive, as well as a Barclaycard Application filled in and signed by my partner, but there are parts we cannot even read, that is why I have not uploaded a link to you to view it. There is a part on the application which says Credit Agreement regulated by the Consumer Credit Act 1974, but the small print is eligible.

 

What would be our next move?

 

Also I wrote a polite letter to the Court informing them that we were unhappy that Barclaycard went 9 days over the extended time limit to supply Disclosure Documents and asked that he stick by his Order and let us serve notice to have the case struck out. Awaiting a response from them on this.

Can we have a look at the agreement? the reason i ask is that over the past couple of days behind the scenes we negotiated a settlement with Vianos case and today we were able to go public with the result

 

i would really like a look at that agreement just to see what its like and if its anything like Vianos then you may be getting a call from a certain solicitor soon

[Heather58]

PT, will upload the application/agreement when i get in from work, don't have facilities there to do it any sooner.