Barclaycard Cca Received! - Claim now issued ***SETTLED***

[tosh1]

How do you lift a stay? Can you ask the court to lift it and throw it out?

[citizenB]

How do you lift a stay? Can you ask the court to lift it and throw it out?

 

I think it highly unlikely a court would strike out a claim so soon after staying. I believe you would have to make an application on form N244 and possibly pay a fee !

 

You might want to wait a while and see what happens. If it is still stayed after Christmas, then you could possibly think about it.

 

Track down andyorch and see what his thoughts are

[car2403]

A stay applied in these circumstances is unlikely to be lifted without a very good reason - the whole legal system is based on parties playing by the rules, so a Claimant bringing a claim, having a defence entered by a Defendant, then a stay applied because the Claimant is out of time, is unlikely to get any sympathies from the Court.

 

You wouldn't want a stay lifted, as you're effectively doing the Claimant's job for them if you did.

 

When was the Defence submitted, exactly? If a stay is applied, you should get a notice from the Court.

[citizenB]

car, Northampton dont always advise a stay has been imposed

[car2403]

car, Northampton dont always advise a stay has been imposed

 

Ah. Cost cutting...

 

If tosh can say when the defence was submitted, we can work the dates out and he can call them to check the status

[tosh1]

I receieved a letter from Northampton Court yesterday saying that the discrict court has deffered my application and has commented as follows - defendent must file an amended application specifing information sought and evidence that claiment has not complied with previous requests.

 

Any ideas!

[bazaar]

List all the details of what you have / are requesting, then provide copies of the previous requests under CPR. Also provide copies to court of where they have not supplied you, or have been delaying you

[tosh1]

OK just an update.

 

I have recieved a letter from Court telling me that they have deffered my case closer to home and I have recieved a statements from the goons at CL.

 

Do these things actully go to court?

[slick132]

Hi Tosh,

 

I assume the Northants BCC is referring your case to your local county court.

 

What statements have you received from CL.

 

Edited January 7, 2012 by slick132

[tosh1]

Credit card statements and also the cca

[slick132]

Is there anything new or interesting in what they've sent you now.

 

Otherwise, just wait to be contacted by your local court as a judge should review the case and decide how best to proceed.

 

[tosh1]

I don't believe that they have sent all the documents. I've got around 3 years worth of statements missing. The info that they have sent, I don't think is all there. I have letters from them that they have not sent in the cpr request. There is also no sign of a default notice.

Edited January 15, 2012 by tosh1

[tosh1]

What should a default notice look like?

[car2403]

From the CCA:

 

s.87 - Need for default notice

(1)

Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,

(a)

to terminate the agreement, or

(b)

to demand earlier payment of any sum, or

©

to recover possession of any goods or land, or

(d)

to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

(e)

to enforce any security.

(2)

Subsection (1) does not prevent the creditor from treating the right to draw upon any credit as restricted or deferred, and taking such steps as may be necessary to make the restriction or deferment effective.

 

(3)

The doing of an act by which a floating charge becomes fixed is not enforcement of a security.

 

(4)

Regulations may provide that subsection (1) is not to apply to agreements described by the regulations.

s.88 - Contents and effect of default notice

(1)

The default notice must be in the prescribed form and specify

(a)

the nature of the alleged breach;

(b)

if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken;

©

if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid.

(2)

A date specified under subsection (1) must not be less than seven days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those seven days have elapsed.

(3)

The default notice must not treat as a breach failure to comply with a provision of the agreement which becomes operative only on breach of some other provision, but if the breach of that other provision is not duly remedied or compensation demanded under subsection (1) is not duly paid, or (where no requirement is made under subsection (1)) if the seven days mentioned in subsection (2) have elapsed, the creditor or owner may treat the failure as a breach and section 87(1) shall not apply to it.

(4) The default notice must contain information in the prescribed terms about the consequences of failure to comply with it.

 

(5) A default notice making a requirement under subsection (1) may include a provision for the taking of action such as is mentioned in section 87(1) at any time after the restriction imposed by subsection (2) will cease, together with a statement that the provision will be ineffective if the breach is duly remedied or the compensation duly paid.

[caro]

Is this case still stayed? If so it must be a while now.

[tosh1]

Hi

 

Just looking on the forums for advise on CCA which are application forms and no terms and conditions. How do judges look at these?

 

Regards

[caro]

Can I just check tosh. Is it the original creditor taking you to court?

[tosh1]

No it's Howard C

[citizenB]

No it's Howard C

 

Howard Cohen is the solicitor.. I think it is CL Finance who are the claimant.. yes ?

 

Although this was originally a B/shark account wasnt it ?

[tosh1]

Yes sorry you are right

[caro]

Bear with me while I ask questions. Just trying to refresh myself.

 

What track has this been allocated to?

 

Also have you ever acknowledged the debt with CL or paid them anything?

Edited January 18, 2012 by caro

[tosh1]

I have not paid CL anything. I'm not sure what track I have been allocated.

[caro]

Did you ever get a deed of assignment from them?

 

Is the claim more or less than £5k.

[tosh1]

It's more then 5k. I have a letter from Lewis Debt who act for CL Finance

[caro]

You should have had something from the court saying which track it is, possibly when you got the court date, so I think the chances are that it's fast track which would leave you open to costs.

 

Any idea how much of that is charges or if there was PPI.