County Court Claim

[Gunner77]

Still waiting for court date!!! Thankfully have managed to secure a mortgage in my wife's name only. Not ideal and make me feel a bit useless and all thanks to Barclaycard/HFO/Turnbull!!!!

[Gunner77]

Hey DonkeyB, any progress with the summary of my case? Cheers. I have spoken to County Court and the court hearing date will be sent to me shortly. Thanks.

[Gunner77]

Hi guys, sorry but has anyone else been following my case or able to confirm whether I have a solid case and how best to present that.

[DonkeyB]

Sorry Gunner, particularly bad week - hopefully I can post tomorrow. DB

[DonkeyB]

Gunner, have PMed you - the week just got worse.

[Gunner77]

No worries DonkeyB.

[Gunner77]

Guys, just hoping that some of you that have been following my case, may have enough knowledge and know my case well enough to confirm the strength of my defence and n particular the main flaws that I should highlight in HFO's claim, when this gets to court? Thanks.

[the_shadow]

Cant believe I'm doing this for a gooner ;-)

 

 

Gunner can you fill in the dates below and add any key info please, also any chance you can post up a larger copy of the cut-off reply card they claim is your agreement. Also whats the date of the hearing and has the judge given any extra directions about the hearing?

 

Key Facts

Card was a monument card taken out in xx/xx/xxxx

 

Taken over by Barclaycard xx/xx/xxxx

 

Sold to HFO xx/xx/xxxx (according to court papers)

 

Court claim issued

After request for documents

 

Received Application cut-off slip (appearance of no prescribed terms)

No default notice received

 

A notice of assignment received on xx/xx/xxxx but not served on defendant

 

 

S.

[Gunner77]

Hi the Shadow thanks for that, at work at the moment, so will post up that info tonight. Thanks for the help, even though I'm a gooner!!!

[Nottsdave]

at least you should win this case, its the only thing the a Gunner has won this year.

[Gunner77]

Hi guys, yes very funny, although (fingers crossed) incredibly true. Sorry had other issues last night will provide info tonight. Cheers.

[Gunner77]

Hi it is just a Rapid Pely Card and says the following:

 

My name and address, plus my emaployment status, salary, contact number and DOB.

 

On the other side it says:

 

Declaration

CREDIT AGGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974

I am applying for a VISA credit card, PIN and cheques issued by Barclays Bank PLC, subject to starus. I have read and agreed to be bound by the Terms and Conditions (T&C's). I am uk resident who is at least 18 years of age and am not bankrupt. All the information provided by me is accurate. I authorise you to send me a VISA card with the terms stated in the enclosed T&C's. I am not an existing Providan or Monument cardholder.

 

IMPORTANT - YOUR INFORMATION

I have read and agree to Condition 21 of the terms and conitions which sets out how my information will be used.

 

This is a credit agreement regulated by the consumer credit act 1974, sign it only if you want to be legally bound by its terms.

 

HOPE THIS HELPS. AM I IN TROUBLE NOW? IS THIS ENFORCEABLE? There is no copy of the relevant T&C's.

 

Turnbull Rutherford state that they have enclosed a copy of the signed agreement? Is the above a signed agreement, which is enforceable?

 

Thanks.

[the_shadow]

Hi it is just a Rapid Pely Card and says the following:

 

My name and address, plus my emaployment status, salary, contact number and DOB.

 

On the other side it says:

 

Declaration

CREDIT AGGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974

I am applying for a VISA credit card, PIN and cheques issued by Barclays Bank PLC, subject to starus. I have read and agreed to be bound by the Terms and Conditions (T&C's). I am uk resident who is at least 18 years of age and am not bankrupt. All the information provided by me is accurate. I authorise you to send me a VISA card with the terms stated in the enclosed T&C's. I am not an existing Providan or Monument cardholder.

 

IMPORTANT - YOUR INFORMATION

I have read and agree to Condition 21 of the terms and conitions which sets out how my information will be used.

 

This is a credit agreement regulated by the consumer credit act 1974, sign it only if you want to be legally bound by its terms.

 

HOPE THIS HELPS. AM I IN TROUBLE NOW? IS THIS ENFORCEABLE? There is no copy of the relevant T&C's.

 

Turnbull Rutherford state that they have enclosed a copy of the signed agreement? Is the above a signed agreement, which is enforceable?

 

Thanks.

 

As you've described it its not enforceable imho, it doesnt contain the prescribed terms in the signature document. If it refers to any prescribed terms in another doc then thats not allowed, the prescribed terms must be in the doc with the signature on it.

 

S.

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinions. These opinions are based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal or any other debt related training.

[Gunner77]

Wording from my claim - The claimant HFO Capital Ltd is a debt purchase company. The claim is for monies due under a regulated interest-bearing credit agreement. The asignee HFO Capital Ltd purchased the defendents account and all rights and obligations attaching therto from the original lender on 25/02/2007. The original lender was Monument. A letter of assignment has been provided to the defendent previously. The claimant also claims interest thereon pursuant to S.69 of the Count Court act 1984 at a rate of 8% etc etc....

 

HOPE ALL THIS HELPS. Still no date for court hearing, will chase them up again tomorrow. Thanks.

[the_shadow]

Ok

 

I've re-read this right from the beginning and this is what I'd advise and why..

 

Get a SAR off to Barclaycard ASAP, ensure you ask for Copies of default notice, statements, memos, manual interventions etc etc. State CLEARLY that just statements will not do... its not unknown for Barclaycard to just produce statements and wait for you to complain to send the rest, we dont have time to wait a possible 80 days for the docs.

 

The Draft order you attached to the AQ has asked for a default notice to be provided, you need to ensure that if the judge agrees and they do produce one its accurate and correct, the SAR from Barclaycard should have a mention even if just a memo entry that one was created on xx/xx/xxxx date, that date can then be compared with whatever these jokers produce, without a Default Notice they cannot bring a case against you, without a VALID default notice there case should fail on law.

 

Other than that all you can do is wait and hope that the judge agrees to the draft orders as they stand.

 

The SAR from Barclaycard might give back some more information also.

 

S.

[Gunner77]

Thanks for that will get one off to them ASAP. Cheers.

[the_shadow]

Thanks for that will get one off to them ASAP. Cheers.

 

When I googled found articles claiming Barclaycard bought the Monument business in 2002 and sold it or most of the bad debts it had incurred in april 2007... article here.

 

S.

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinions. These opinions are based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal or debt related training.

[Gunner77]

Thanks for that. I have had a complaint case with Barclays regarding the account and who holds it. I would assume that even after selling an account would Barclaycard not need to keep a record for 6 years? Thanks,.

[the_shadow]

Thanks for that. I have had a complaint case with Barclays regarding the account and who holds it. I would assume that even after selling an account would Barclaycard not need to keep a record for 6 years? Thanks,.

 

I've got exactly the same problem with MDSW, I've SAR'd and got no response, have complained to ICO as they are duty bound by the money laundering regs to keep account details for 6 years after closure of the account/sale.

 

S.

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinions. These opinions are based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal or debt related training.

[Gunner77]

Any joy with that? Surely a firm as big as Barclaycard must be punished if it is breaking these rules???

[the_shadow]

Any joy with that? Surely a firm as big as Barclaycard must be punished if it is breaking these rules???

 

The ICO is only just investigating my complaint I made at the start of March (which was for another Credit card)... its a slow beast

 

S.

[Gunner77]

Hi guys, sent off SAR request to Barclays last week but still awaiting court date!!! But Shadow as far as the case goes and what you have seen, I have a good chance of winning? Thanks.

[the_shadow]

Hi guys, sent off SAR request to Barclays last week but still awaiting court date!!! But Shadow as far as the case goes and what you have seen, I have a good chance of winning? Thanks.

 

The agreement they have supplied and as you described shows no prescribed terms so that should be a show stopper.

 

You havent had a default notice, will depend on what the sar comes back with but you can put them to strict proof it was sent and if it was sent whether it complies with the regulations.

 

It'll be down to a judge but if he goes against the prescribed terms argument then you have an appeal issue there in itself.

 

S.

[Gunner77]

UPDATE - Still waiting for a court date!!! Will have to chase them up!! Cheers.

[DonkeyB]

Hi Gunner

 

Any more news? Apologies for been away so long - Donkey Senior rather suddenly popped his hooves, so to speak, and life got hairy for a while.

 

Look forward to hearing your news and seeing these numpties off.