Lowell/HFO claimform - old barclaycard debt **WON***

[Pank]

Just panicked all of a sudden regarding the dates. The Claim form I received was dated the 16 March. Acknowledgment of service was done on the 20th. Can I just make sue I have until the 16 April to get my deffence in and not 14 days.

[broken arrow]

Just panicked all of a sudden regarding the dates. The Claim form I received was dated the 16 March. Acknowledgment of service was done on the 20th. Can I just make sue I have until the 16 April to get my deffence in and not 14 days.

 

Pank if you ring the court you can confirm when your defence needs to be in .

[Number6]

Just panicked all of a sudden regarding the dates. The Claim form I received was dated the 16 March. Acknowledgment of service was done on the 20th. Can I just make sue I have until the 16 April to get my deffence in and not 14 days.

 

Pank if you ring the court you can confirm when your defence needs to be in .

 

I echo BA's comments.

 

If you have any procedural questions then ring the court and you'll get a definitive and 100% correct answer. The staff are usually very helpful indeed so long as you are polite to them.

[Pank]

OK, panick over I have 28 days, so has any one been able to have a look that can help mw with the deffence?

[Pank]

Another thought, Barclaycard has not responded to my SAR and 40 days is up on Friday. What do I do? Should I just report them to the ICO.

[Rhia]

Ah I have problems with them and SAR. They sent me just statements so I have reported to ICO. I would send a very stiff letter to them and cc to their head office in London. The person you need at Northampton is Sue Brown, Privacy and Data Potection Administrator, Data Protection Team, Legal and Regulatory Compliance, 1234 Pavilion Drive, Northampton NN4 7SG. I would also tell them you will make a complaint to ICO as this is now subject to court action.

 

it is subject to court rules you can use a Part 18 request under the Court Protocol Rules to get any info. However is this small claims as it doesn't apply to that? If it hasn't been allocated is it over £5k (sorry to ask quicker than looking back).

Re you defence I am a bit busy at the mo but will come back ASAP. I have seen a good one elsehwere we could perhaps tailor.

However it might be worthwhile PMing the mods with your thread details and asking for some extra help in view of that fax.

[Pank]

bump

[Pank]

Right, I have now received a reply to the faxed letter requesting a clearer copy. All they have sent me is the same again but bigger. It is not clearer.

 

I also asked them to address all the further correspondence to my Litigation Friend, to their office as they have access to better equipment and it makes things easier.

 

This has abviously caused some sort of reaction. I have enclosed the letter. Should I repond or just leave it?

 

I now need help with my deffence. Can someone please help?

Thurnbull Litigation 1.pdf

Edited March 27, 2009 by Pank

[Number6]

Right, I have now received a reply to the faxed letter requesting a clearer copy. All they have sent me is the same again but bigger. It is not clearer.

 

I also asked them to address all the further correspondence to my Litigation Friend, to their office as they have access to better equipment and it makes things easier.

 

This has abviously caused some sort of reaction. I have enclosed the letter. Should I repond or just leave it?

 

I now need help with my deffence. Can someone please help?

 

If it's no clearer than the original then it doesn't comply with section 2(1) of the copies of documents regulations and should be ruled as such in court. IMHO there's no way that they can get judgement based on that document as the document is central to the entire case.

 

What do others think?

[42man]

You have a questionable agreement, statements for an adress you have never lived at and a ridiculous defalt notice......

 

Are the account numbers correct ?

[42man]

By the way....keep Trading Standards and the OFT informed of what is happening...especially as the OFT are investigating DCA's that go for charging orders !!! - The Office of Fair Trading: Charging orders

 

(send them an email at the special emaid address they have included)

[Number6]

Regarding the Litigation Friend issue there are procedures to be followed. CPR 21 states:

 

See also Part 21

PRACTICE DIRECTION – CHILDREN AND PROTECTED PARTIES This Practice Direction supplements CPR Part 21

 

General

 

1.1

 

In proceedings where one of the parties is a protected party, the protected party should be referred to in the title to the proceedings as ‘A.B. (a protected party by C.D. his litigation friend)’.

 

1.2

 

In proceedings where one of the parties is a child, where –

(1) the child has a litigation friend, the child should be referred to in the title to the proceedings as ‘A.B. (a child by C.D. his litigation friend)’; or

 

(2) the child is conducting the proceedings on his own behalf, the child should be referred to in the title as ‘A.B. (a child)’.

 

 

1.3

 

A settlement of a claim by a child includes an agreement on a sum to be apportioned to a dependent child under the Fatal Accidents Act 19761.

 

 

 

The litigation friend

 

2.1

 

A person may become a litigation friend –

(a) without a court order under rule 21.5, or

 

(b) by a court order under rule 21.6.

 

 

 

2.2

 

A person who wishes to become a litigation friend without a court order pursuant to rule 21.5(3) must file a certificate of suitability in Practice Form N235 –

(a) stating that he consents to act,

 

(b) stating that he knows or believes that the [claimant] [defendant] [is a child][lacks capacity to conduct the proceedings],

 

© in the case of a protected party, stating the grounds of his belief and, if his belief is based upon medical opinion or the opinion of another suitably qualified expert, attaching any relevant document to the certificate,

 

(d) stating that he can fairly and competently conduct proceedings on behalf of the child or protected party and has no interest adverse to that of the child or protected party, and

 

(e) where the child or protected party is a claimant, undertaking to pay any costs which the child or protected party may be ordered to pay in relation to the proceedings, subject to any right he may have to be repaid from the assets of the child or protected party.

 

 

 

2.3

 

The certificate of suitability must be verified by a statement of truth.

(Part 22 contains provisions about statements of truth.)

 

2.4

 

The litigation friend is not required to serve the document referred to in paragraph 2.2© when he serves a certificate of suitability on the person to be served under rule 21.5(4)(a).

 

 

 

The full CPR can be seen here:

 

PRACTICE DIRECTION – CHILDREN AND PROTECTED PARTIES

 

Your 'friend' needs to complete and file forn N235 which can be found here:

 

The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service -Forms and Guidance) is not available

[rich2568]

so at what stage would you use a litigation friend. Is it valid if you do not feel at all comfortable with going to Court/ not knowing case law??

[Pank]

I am confused now, they are not my friend, because I need protecting or I am not of sound mind ( could be debated) So I am assuming that having someone to help you is not an option? Should I withdraw my friend. I thought friend was friend if you know what I mean.

What should I do now?

[Rhia]

Pank you can have a Litigation Friend as an adult. There is also the McKenzie Friend which is a person who can accompany you, advise and take notes but can't address the court. I will try and find some info on this as I was told I couldn't have a Litigation Friend once and then found out I could.

 

Ah just found out you can't have a Litigation Friend as it is just for a child or other. You need to apply for a Lay Representative to accompany you and to be able to speak on your behalf but you have to appear in court with them.

[Number6]

Pank, I think a Lay Representative is what you are seeking. This is covered by the Practice Direction Supplements to CPR Part 27 as follows:

 

Representation at a Hearing

 

3.1

 

In this paragraph:

(1) a lawyer means a barrister, a solicitor or a legal executive employed by a solicitor, and

 

(2) a lay representative means any other person.

 

 

3.2

 

(1) A party may present his own case at a hearing or a lawyer or lay representative may present it for him.

 

(2) The Lay Representatives (Right of Audience) Order 1999 provides that a lay representative may not exercise any right of audience:–

(a) where his client does not attend the hearing;

 

(b) at any stage after judgment; or

 

© on any appeal brought against any decision made by the district judge in the proceedings.

 

 

(3) However the court, exercising its general discretion to hear anybody, may hear a lay representative even in circumstances excluded by the Order.

 

(4) Any of its officers or employees may represent a corporate party.

[Tinkles]

Pank - I am quite new to this site but wanted to say that I am fully supporting you. I too am having big issues with HFO and am pleased to see that there are people out there who are prepared to take them on rather than just roll over and be bullied.

I know that this time can't be easy for you but stay strong and I just wanted you to know that you have my support, and it seems that you also have that of many knowledgeable people on here who will help you through this.

Good Luck

[Pank]

Right, so how do I change this and has anyone been able to have a look ay my deffence? It is getting closer now and would like the whole thing done by the end of the week if possible.

 

Many Thanks

[Pank]

Any one? Can anyone help? How do I change or remove my friend?

 

Many Thanks

[Pank]

Hello Again,

 

How do I remove my litigation friend? Can someone please help me with my deffence?

 

Thank you for your help.

[Rhia]

Have you actually written to the cout and asked for permission to introduce a Litigation Friend? If not I would say you seek respectfully seek permission to introduce a Lay representative to help you present your defence. You are applying under The Lay Representative (Rights of Audience) 1999 and details outlined under CPR (reproduced below). Not sure if this goes in the Defence or you apply to court and cover in the opposition.

 

Representation at a Hearing

 

3.1

 

In this paragraph:

(1) a lawyer means a barrister, a solicitor or a legal executive employed by a solicitor, and

 

(2) a lay representative means any other person.

 

 

3.2

 

(1) A party may present his own case at a hearing or a lawyer or lay representative may present it for him.

 

(2) The Lay Representatives (Right of Audience) Order 1999 provides that a lay representative may not exercise any right of audience:–

(a) where his client does not attend the hearing;

 

(b) at any stage after judgment; or

 

© on any appeal brought against any decision made by the district judge in the proceedings.

 

 

(3) However the court, exercising its general discretion to hear anybody, may hear a lay representative even in circumstances excluded by the Order.

 

(4) Any of its officers or employees may represent a corporate party.

[Pank]

Hello.

 

All I have done so far was to tick the litigation friend at the Acknowlendment of service. I did not realise the friend was not a friend.

 

I am not going to get any friend involved now as it seems to be more hassle then it is worth, I just need to get my deffence in. How do I change the box I ticked?

Or should I just menation in my deffence that I made a mistake in the acknoledgment of service?

Another Question, if you are a solicitor do you have to apply to the cort seperately to represent your client?

 

Many Thanks

[Rhia]

In that case just tippex it out. No need to mention it elsewhere. No a solicitor can just turn up with the client. Did you mention somewhere here that you have a hearing problem (apologies if not) it's just that you need to make this clear to the court manager before the hearing as the Judge needs to be informed and there is some hearing system in the courts.

Make sure this is done before the hearing - bear in mind there well not be a hearing knowing this bunch of chancers.

[Pank]

Hi Rhia,

 

I am unable to tip ex anything as the acknowledgment of service was done on line on the 18 March, I was going to do my deffence as well on line.

When I aknowledged I ticked Litigation friend and gave their name and address, together with my details.

Do I have to write to the court? I have not yet informed anyone of my hearing problem, I will do that later, or should I mention it in my deffence?

 

Cheers

[shanef1981]

Hi Folks,

 

In the last 6 months I have seen a default magically appear on my Experian file from these bandits - and from what I have read they are not too good to deal with.

 

Thankfully they have not got my current address or phone number and the default has about 2 years to run on my file before it clears.

 

Looking at all the horror stories I see on this forum alone I am tempted to just let it run it's course and disappear - I am in no immediate need for credit of any kind so believe this to be the least intrusive and stressful way of dealing with it.

 

However, I am somewhat incensed that these bandits decided to suddenly muck up my credit profile over a debt which i'm relatively sure I settled back in 2005.

 

Even if by some chance I do owe the money, I would be happy to settle it but not with these idiots who obviously don't seem to know what they are doing.

 

 

Any advice peeps?

 

Thanks