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

[caro]

Without an extension agreed, yes that sounds right. If HC agree to an extension you'll have longer.

[car2403]

We won't be waiting for them to agree. If they don't comply with the CPR in time there's 2 options - apply to the Court for an order enforcing their compliance with your request, allowing extra time to submit a defence, or submit a holding defence saying much the same and awaiting further instructions.

 

If we wait for them to agree, they won't, they will win by default. This we must avoid.

[tosh1]

Got a letter back from HC. Thay need more time to produce the paperwork and agree to an extension. Do i need to tell the court?

[caro]

Definitely. Have they given a timescale?

[citizenB]

Yes, you are obliged to advise the court that an extension has been agreed. Send a letter to the court manager and enclose a copy of the claimant's letter.

 

I would be inclined to head your letter with something like..

 

Please note.. this is not a defence, but notice of extension of time.

 

I say this as Northampton entered my CPR15.5 notice as a defence.. sigh.. !!

[tosh1]

Hi Caro

 

They have not agreed a timesvale but have advised that they will give me 14 days after they have provided me with the docs.

 

Hi citizenB

 

Do I post the letter or email it to them?

 

Regards

 

TOSH1

[tosh1]

We won't be waiting for them to agree. If they don't comply with the CPR in time there's 2 options - apply to the Court for an order enforcing their compliance with your request, allowing extra time to submit a defence, or submit a holding defence saying much the same and awaiting further instructions.

 

If we wait for them to agree, they won't, they will win by default. This we must avoid.

 

Does this effect where I stand?

 

should I apply to the Court for an order enforcing their compliance with my request for documentation within the set time limit or advise the court that they have agreed to extend it but are waiting for documentation?

[tosh1]

I would like to send this to court as a request for an extension.

 

can anyone please advise.

 

Thank you

 

 

 

To whom it may oncern

Please find enclosed a reply from Howard Cohen. I have made a request to Howard Cohenfor documentation which they are currently unable to produce.

Once they have provided the documents they will grant me a further 14 days to defend. Unforthunatly they have not supplied a date on when they will produce these.

I therefore request an extension of time as I am currently awaiting the necessary documents from Howard Cohen.

[car2403]

I think there's a problem here, in that they don't have a timescale to comply within. Your CPR request gave a specific timeframe, so why would we 'accept' that they can now have as long as they want to comply, when the time on YOUR claim is ticking away?This needs to be managed by the Court, I'd suggest, as it's seriously prejudicing (sp?) you, while favouring them.When is the defence due, exactly? I think we need a holding defence that the debt is unenforceable without the documentation, plus a request for directions from the Court on how to proceed with the claim as you can't, technically, defend until they've disclosed the basis (and supporting paperwork) of their claim against you.

[tosh1]

When is the defence due, exactly? I think we need a holding defence that the debt is unenforceable without the documentation, plus a request for directions from the Court on how to proceed with the claim as you can't, technically, defend until they've disclosed the basis (and supporting paperwork) of their claim against you.

 

The defance is due on the 12/09/11,

 

Whats a holding defance?

[car2403]

Ok, cool.

 

So, you now have 4 options:

 

1 Send what you have to the Court and tell them the other side have agreed to an extension. The downside is that this is open ended, as they don't have a timescale to comply within. If you do this, I think the Court will want a Directions Hearing/Case Management Conference, whereby you'll be asked to attend the Court with the other side to thrash out how to manage the claim moving forward.

 

2 Apply to the Court for extra time in the form of an Application Notice - this will ask the Court to grant extra time for the defence. Same downsides. Same outcome. (possibly) This will attract a Court fee.

 

3 Submit a holding defence, stating that you can't defend the claim as is and asking the Court to refuse the claim on the basis of a lack of paperwork. In essence, this is a combination of 1 and 2, but you don't have a to pay a fee. (Entering a defence is free)

 

4 Enter a full defence, based on the paperwork that you have received, as the debt is currently unenforceable.

 

Whatever you do, we're going to be sending them a without prejudice letter, stating that you want to settle, making a reasonable offer and asking them to withdraw the claim on that basis.

 

Have a look at other BC threads, as they tend to not want to settle early doors in either case - you'll need to know what you're up against.

 

Let us know what you want to do, and ask as many questions as you need to in your thread in the meantime. Just ensure you take one of these options before the Defence is due, as BC could win by default (despite what that letter tells you!) and that would be a very bad, bad thing.

[tosh1]

 

 

3 Submit a holding defence, stating that you can't defend the claim as is and asking the Court to refuse the claim on the basis of a lack of paperwork. In essence, this is a combination of 1 and 2, but you don't have a to pay a fee. (Entering a defence is free)

 

4 Enter a full defence, based on the paperwork that you have received, as the debt is currently unenforceable.

 

Whatever you do, we're going to be sending them a without prejudice letter, stating that you want to settle, making a reasonable offer and asking them to withdraw the claim on that basis.

 

 

Hi Car2403

 

I think it would proberbly be better to go for option 3 or 4.

 

If we go for option 3

 

Will I need to attend court and tell them that I can't defend due to lack of paperwork even though they agreed to an extension?

 

If we go for option 4

 

I take it i will attend court in this case and tell them that they have not sent me the paperwork and I cannot properly defend.

 

I think option 3 would be better.

 

Why would HC issue court procedings if they didn't have all the paperwork ready and what would be a resonable offer?

Edited September 5, 2011 by tosh1

[car2403]

If we go for option 3

 

Will I need to attend court and tell them that I can't defend due to lack of paperwork even though they agreed to an extension?

 

No, you will submit this holding defence online. The Court will then send the claim to your local County Court, where you'll be asked to complete an allocation questionnaire (AQ) and the Court will then issue directions for the management of the claim and set a hearing date. What you're saying, in effect, is that you can't defend the case as it stands, which is your defence, and asking the Court to manage the claim around that.

 

If we go for option 4

 

I take it i will attend court in this case and tell them that they have not sent me the paperwork and I cannot properly defend.

 

No, it's the same as above, you just use a different form and a different process. The outcome is generally the same, however.

 

Why would HC issue court procedings if they didn't have all the paperwork ready and what would be a resonable offer?

 

Because they are relying on you not knowing your stuff and not being able to defend it - 98%+ of the claims they bring will result in either default judgments for them as the defendant ignores it, or enters a defence that isn't a defence. Most defendants don't have access to the fantastic resource that is CAG, whereas you do. This is a business. If this works for them and makes a profit in the long run, they will continue to do this.

 

Because we can show the debt is uneforceable in Court, I'd say 10% of the balance would be a reasonable starting point to begin with.

[tosh1]

I am not able to get online as my username and password do not work. I had to email Northampton my acknowledgement. I have spoken to them and they did advise to email them the acknowledgement.

 

Can I do this as well as write them a letter which I can post tomorrow.

 

Also are there any template letters for without prejucise letters?

[tosh1]

can i send them something like this tomorrow?

 

CL FINANCE (Claimant)

 

and

 

 

 

TOSH1 (Defendant)

 

 

 

 

DEFENCE

 

 

1 The Defendant is unable to defend as the correct paperwork has not been recieved from the claiment.

 

2 For want of any or any adequate particularity apertaining to the allegations concerning the agreement, the Defendant's default and its termination

 

I hereby request a holding defence

 

I, believe the above statement to be true and factual

[car2403]

No! Take your time! You have to get this right...

 

Take a look here:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?241827-Legal-Action-how-to-start-off.-IMPORTANT-IF-YOURE-BEING-SUED

[tosh1]

I have read it but am not sure if i understand it.

 

ASK for them in writing (CPR 31.14) completed

 

then the claimant has 7 days to facilitate the request (CPR 31.15) claiment replied back asking for more time

 

Also when asking for docs, ask also for an extension of time (CPR 15.5) as the Claimant and yourself can agree up to an extra 28 days for filing a defence, claiment has given 14 days to arrange defence

 

I can't defend because I don't have the paperwork, because HC have not supplied the paperwork. I've requested the docs the i am going to rely on as my defence and the claiment has failed to produce these. Now I have to raise this with court by making a formal application for an order compelling disclosure.

 

If HC cannot disclose then I cannot pleed then I can ask the court to strike out the case or I could write some like -

 

The Defendant is unable to plead due to the Claimants failure to comply with its CPR 31.14 duties in disclosing requested documents

 

Is this right?

Edited September 5, 2011 by tosh1

[tosh1]

whats an unless order? could that apply to this case

[tosh1]

I need to try and put a holding defence/applicationa for an order compelling disclosure in today as I only have until Monday and as my online access is not working everything will have to done by post.

 

I am going to contact the court today by phone.

[car2403]

I need to try and put a holding defence/applicationa for an order compelling disclosure in today as I only have until Monday and as my online access is not working everything will have to done by post.

 

I am going to contact the court today by phone.

 

I don't think you should be rushing this. You need to understand what you're doing and the implications. If you have until Monday, the Court needs to receive it by close of business on Monday, therefore you have until Friday to send something to them by special delivery, if need be.

 

The Court won't be able to help as they can't provide legal advice. What I'm doing is pointing out the options and giving you sufficient information to make an informed decision.

[tosh1]

Thanks for this. I really do apreciate yours and everyones help and assistance. It's just that I have not slept last night because I am worried about what will happen on Monday. I currently at work staring at a screen and hoping for updates on this thread. I really don't know what I'm doing.

[car2403]

Ok, but this is something you need to go through, Brother - we're all here and waiting to help. We've all been here before, so we know what you're feeling. This is why i'm saying take your time. These emotions will undo your case later on in the process, because you will make mistakes and won't be able to undo them.

 

if you don't believe that I know what you are going through, just search for threads with "car2403" in the title and look at some of the earlier ones - the proof is here, laid bare, for you to see

 

What I would say is don't sit and wait for updates to your thread, instead look at other Barclaycard threads and see what those posters had to go through. You'll see that BC have a very defined process, so we can almost guarantee what will happen next - being this prepared will pay dividends.

 

You have until Friday at the latest, we can guide you as you go, but ultimately this is your claim and you have to take decisions on what to do next - doing something now, while you're feeling like this, though, won't help as it will probably be wrong. CAG is a resource to be used (and abused ) so make maximum use of the time you have. This is the only way you will start to feel comfortable about all this.

[tosh1]

Can anyone point me in the direction or a link to a thread that involved bc issuing claims and about a holding defence.

 

Thank you

[tosh1]

A couple of points.

 

Just spoke to to Northampton, I have until this Friday and not Monday as the they first advised for them to get the paperwork in on time, the good news is that I can email it. I am going to try and email this tomorrow evening just in case they have got the date wrong again.

[tosh1]

In my cpr letter i asked them to provide me with a date on when they will be able to supply all the documentation. They have not been able to omplete this. Can I ask the court for a strike out?