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

[tosh1]

The hearing is for information under the claim. I am not sure about the total cost of PPI and charges as I have not recieved all the paperwork

[slick132]

The notice of hearing from the local court should confirm what type of hearing it is and what is required of you, if anything.

 

So can you tell us what the notice says.

 

I believe the case has not yet been allocated to any track as the local court, which has had the case referred from the Northants BC Centre, has not yet issued AQ's for completion. Is that right.

 

[tosh1]

Yes that is correct. Just been going through the threads. If HC send me a letter on the 13/01/12 which I recieved on the 14th and the court date is the 25/01/12. Arent they meant to give me 14 days to preper for the defence?

[caro]

Ah right.

 

Have you been given a breakdown of how they've calculated what you're supposed to owe?

[tosh1]

I've got statements, But not all of them. There are charges on there and also PPI but I have aound 3 years worth of statements missing.

[caro]

So you can't really tell if it's the right amount. Have you ever claimed off the PPI for example if you've been out of work?

 

I wonder if it was missold.

[tosh1]

I didnt even know I had it and no I never claimed it.

[caro]

Have you seen anything showing that you agreed to PPI?

[tosh1]

No. the first time i found out i had was when it is ticked on the applicaion form.

[caro]

This is the copy of the application form that they sent you when you CCA'd them?

[tosh1]

yes that's correct

[caro]

I think it's highly likely that this was mis-sold then which could make a significant difference to the amount you allegedly owe, especially with the interest that must have been added to it. I don't remember you mentioning that you had a PPI agreement and I'm guessing you weren't asked if you were self-employed, employed, or about any pre-existing medical conditions.

 

There's also the issue of charges.

 

It's getting late now, but I think we've made progress tonight and you could have the makings of some useful arguments.

[tosh1]

Thanks for your assistance so far. I really appreciate it.

[caro]

One last thing. Did you ever get a termination notice?

[citizenB]

Ok, I have now read through the thread fully and there are one or two things that could change the course of events.

 

Tosh, I want to speak to Caro, Car and slick first, see what we should be doing next.

[caro]

The notice of hearing from the local court should confirm what type of hearing it is and what is required of you, if anything.

 

So can you tell us what the notice says.

 

I believe the case has not yet been allocated to any track as the local court, which has had the case referred from the Northants BC Centre, has not yet issued AQ's for completion. Is that right.

 

 

Tosh, can you please post up what the notice says. Also the POC and your defence.

[caro]

The hearing is for information under the claim. I am not sure about the total cost of PPI and charges as I have not recieved all the paperwork

 

Did you apply to the court to get information, possibly with an N244? If so, what did your application say?

[tosh1]

Hi Caro

 

Thanks for the reply. I did apply via a N244 AND asked for the items below -

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of the documents mentioned in your Particulars of Claim:

 

1 The Agreement. A copy of the signed, executed Credit Agreement regulated by the Consumer Credit Act 1974. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the signed originals should be available at the hearing. Further, that any general conditions incorporated in the contract, both at inception and as amended, should also be attached.

 

2 The Notice of Assignment included proof of delivery and method.

 

3 The Default Notice - a true copy of the Default Notice, and /or a copy of the relevant communications log showing issuance, plus proof and method of posting.

 

4 A full statement of account showing how the amount claimed is calculated

 

5 The Termination Notice

 

Regards

 

TOSH1

[caro]

Thanks for the reply Tosh. I believe that you haven't had everything there so the hearing should be interesting!!

 

What did it say on the paperwork from the court about the hearing, and how long is it?

[caro]

And what did you put on the N244? They obviously haven't fully complied with your CPR request although they seem to think they have.

 

Reading back, I'm wondering if you've asked for the case to be struck out if they don't comply.

Edited January 21, 2012 by caro

[tosh1]

The hearing is on for 30 minutes. How do I ask for it to be struck out if they don't comply?

[caro]

I wondered if you put it on your application to the court? What you have posted in post 268 looks like a CPR letter to Howard Cohen/CL for information. I thought there may be more on your N244.

[caro]

This may be of interest to you, although I'm not sure if he'd get the same result now. http://www.consumeractiongroup.co.uk/forum/showthread.php?230603-Cl-Finance-*WON*

[caro]

Hi Tosh.

 

Thanks for the email with the copy of the application. I see the hearing is to get CL to provide the info that you've asked for. I would expect that the judge will want to know if you've had everything, which CL are suggesting that they have.

 

What you need to do is go through all 5 items you've asked for, and say whether you've had it or not. If you've had nothing that's simple enough, but there will be some things that aren't straight forward. If you don't think it's what you should have had, say why you think it isn't right. Post it on your thread so we can all take a look and help you tweak it if necessary.

 

You need to get very organised.

[tosh1]

Just going through the documents. What does a termination document look like?