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

[citizenB]

It would simply say that the account has been terminated as of a certain date Tosh.. there isnt, I think a statutory format as there is with Default Notice

[tosh1]

I have not recieved a termination notice, I also have Aug 2006, Sep 2006, Oct 2006 statements missing.

[tosh1]

Am I able to offer a f and f on this account, considering I have defective cca and a defective default notice as well as missing statements, and paperwork, charges?

[slick132]

Hi Tosh,

 

Any statements that are missing can be added to the list of info that you ask for on 25th.

 

See how the hearing goes.

 

Now is not the time to be making any offer. You need to see first what documents can be produced as those supplied so far appear to be inadequate.

 

I have just sent you a msg.

 

[tosh1]

Can I ask the judge to ask hc for the original application form?

[slick132]

Hi Tosh,

 

You already have a copy of this but it's only use is to show if PPI was applied for. I don't think the availability of the original is relevant to the proceedings.

 

The enforceability of the a/c should hinge on whether they can produce the credit agreement.

 

[tosh1]

In the scheme of things, how vital is a termination notice?

[caro]

Actually I'm not sure it is Tosh. I think perhaps it's only needed if the debtor hasn't defaulted, so concentrate on the other items.

 

Take absolutely everything with you to court tomorrow. You can be sure that the one thing you don't take will be the one thing you need. Don't forget those stupid printouts.

 

There seems to be a big question over PPI, but until they give you the information you need you can't possibly know what you owe - if anything.

 

Very best of luck for tomorrow. Try not to worry and if there's anything you aren't clear about ask for it to be explained. The judge is there to decide the case, and also to make sure that there's fair play.

[citizenB]

Wishing you all the best for today, tosh.. please let us know how things went

[tosh1]

OK Just got back from court. That was extremly nerve racking. The judge figured out that this was my first time and I think he went easy.

 

He asked why I needed the statements back from 2003. I advised him that there may be PPI and default charges on there that I would like to claim back. The judge has ordered the clamient to produce the missing statements by the 24/02/12.

The termination notice is also the Default notice so the claiment does not need to supply these.

 

The claimant asked for costs and the Judge said no.

The judge also said that the CCA is valid. I pointed out that it's missing t and c and he mentioned that a previous case where that was ok.

[citizenB]

OK Just got back from court. That was extremly nerve racking. The judge figured out that this was my first time and I think he went easy.

 

He asked why I needed the statements back from 2003. I advised him that there may be PPI and default charges on there that I would like to claim back. The judge has ordered the clamient to produce the missing statements by the 24/02/12.

The termination notice is also the Default notice so the claiment does not need to supply these.

 

The claimant asked for costs and the Judge said no.

The judge also said that the CCA is valid. I pointed out that it's missing t and c and he mentioned that a previous case where that was ok.

 

So you survived to tell the tale Well done, tosh.

 

Ok.. so the statements are to be provided. I dont suppose you can remember the case he quoted where the T&Cs were acceptable?

 

I am a little concerend about the comments regarding the Default notice because that has a question mark about it anyway.

 

The rest of your supporters will no doubt be along to comment soon.

 

Well done

[ro284]

Well done Tosh, Regards Ro

[tosh1]

Ok.. so the statements are to be provided. I dont suppose you can remember the case he quoted where the T&Cs were acceptable?

 

He couldn't remember the case and asked the HC solicitor if he could remember the case. The HC solicitor said he could not remember either.

[slick132]

Hi Tosh,

 

Your application form is not just missing T&C's - it's missing the Prescribed Terms required by CCA1974.

 

Read the Credit Agreements Tutorial at Link No2 in my signature.

 

The judge was probably referring to the case of Carey v HSBC, or possibly the McGuffick case. Scary that neither the judge not the legal bod could remember it !!

 

You need to learn all you can about enforceability from the link mentioned and also about DN's and their relevance to enforceability.

 

Perhaps someone can post a link to DN Reg'ns so you can research this.

 

Glad you got through this ok - it'll be good experience if you have to go back to court.

 

[tosh1]

If I want to go for medation, how would I do this?

[caro]

You've done really well Tosh.

 

Just wait and see what happens and if you get the statements. If you get them then you'll be in a better position to know about charges and PPI. If they don't comply in time then you'll need to inform the court.

 

Did the judge mention what would happen if BC don't send the statements in time?

[tosh1]

No he didn't. The solicitor did advice the judge that there were no more statements pending. I asked that normally when the judge issues an order barclaycard are able to print out these statements.

[caro]

By the way, it's interesting that the judge is ordering statements from over 6 years ago. I don't know how good BC are at supplying info over 6 years old.

[citizenB]

It will be interesting if they do provide these statements in respect of the Judge's order.. it would then prove beyond doubt that they do actually have them

[tosh1]

Not sure what the consequences will be for them not having them

[The Mould]

OK Just got back from court. That was extremly nerve racking. The judge figured out that this was my first time and I think he went easy.

 

He asked why I needed the statements back from 2003. I advised him that there may be PPI and default charges on there that I would like to claim back. The judge has ordered the clamient to produce the missing statements by the 24/02/12.

The termination notice is also the Default notice so the claiment does not need to supply these.

 

The claimant asked for costs and the Judge said no.

The judge also said that the CCA is valid. I pointed out that it's missing t and c and he mentioned that a previous case where that was ok.

 

Good evening tosh

 

Firstly, the Termination is not a Default Notice, it appears to me that you are getting rolled in the court- unfair advantage being taken as to your lack of knowledge in respect of consumer law and the statutory requirement imposed upon creditors to serve a valid statutory Default notice upon you before he can become entitled to Terminate the agreement and demand full payment owing thereunder or enforce the same against you. No valid statutory Default notice = no entitlement to Terminate, demand, enforce.

 

Secondly, if the application form (that you signed) does not contain the prescribed terms of the agreement, then, unenforceable if s.127 CCA 1974 is applicable if not, then the agreement can only be enforced under order of the court s.65 CCA1974.

 

Where is the Default notice tosh, I have looked through your case history posted here and I cannot find the said notice?

 

You need, I think, to amend your Defence (application for permission to amend N244) and beef it up with the applicable legislation laid down in the CCA 1974 and case law authority.

 

Come back on the above, Roger - over

 

Kind regards

 

The Mould

[The Mould]

Tosh

 

See- Civil Procedure Rule ("CPR") r.17.1(2)(a) and send a written request (e-mail, fax, special delivery RM by 1 pm) to the Claimant asking for his permission to allow you to file and serve an amended particularised Defence to the claim, if he refuses to consent to such, then you must make an application ("N244) to court under CPR r. 17.3 respectfully requesting the same (consent to amend you holding Defence by way of filing/serving a particularised Defence to the claim).

 

Can you please confirm if the Claimant has filed and served any statement of case (Pleadings - Particulars of Claim) upon you other than the N1 Claim form? Further, please post up a copy of your holding Defence.

 

Kind regards

 

The Mould

[determindator]

Good evening Tosh:-D Well done for today. The Judge has done the fair thing by making sure you have the information you need first as evidence to be able to present your case against the claimant. The previous posts highlight certain rules concerning consumer law which is in your interest to be acquainted with when you are in Court so you can guide as necessary if uncertainties arise. It's waiting now to see whether you get your requests from claimant.

 

You may receive a leaflet after the case hearing tday to ask if you want to consider arbitration however, I received my offer of arbitration after submitting my first defence and never went to Court in the first place.

 

Will be keeping up with the thread

 

Bye for now

Edited January 25, 2012 by determindator

[caro]

Mould, Tosh has not yet submitted a defence as he has not been provided with all the information required to do so. That's why he applied to the court to order them to do so, and that's what today's application hearing was about. If and when he receives all that he has requested under the CPRs, and as ordered by the court, we can then consider his defence.

 

As citizenB says, it remains to be seen if they are able to do so. If not then they will not be able to verify the amount of the claim.

[slick132]

Just to confirm re Tosh's Defence .........

 

Claimant must supply data requested by 24th Feb. (I have no idea what the judge will say if the bank say they cannot provide any data for 2003 to 2005.)

 

Tosh then has 21 days to enter his amended defence.

 

We know that BC have provided data beyond 6 years when faced with, or responding to, court action.