MKDP & Barclaycard Claim Form***Strike Out***

[Shanidev]

Well, I finally picked up the courage to send a request for CCA and first ones to respond were Barclaycard.

 

They quote some regulations in 1983 and 1985 and say they can instead send copy of the current executed agreement to be sent under separate cover.

 

MBNA and RBS have yet to respond but instead I have receved letters for DCA and Solicitors respectively. I suppose I should post them under separate threads.

 

I am posting response from BC in the hope that someone could advise me on how I should proceed and what can they do etc.

 

Thanks in advance.

[cerberusalert]

Is that all that they have sent you?

[the_shadow]

Expect to receive a copy of t&c in the post (your "executed" agreement)

 

Apparently complaining to the FOS has proved successful in getting the agreement so that might be one avenue...

 

Others are a Subject Access Request or using the CPR strategy but that'll take court action.

 

S.

[Shanidev]

Well, it arrived this morning and they are just T&C (standard). B/card claim that this is all they have to send, as per regulation 9 of 1983 regulations, as my card was taken out prior to 19th May 1985. Is this true? Should I now request this under Civil Procedure! - link -

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

What should I do next??

Edited June 4, 2009 by Shanidev
forgot attachment

[payback68]

Hi,

 

Maybe worth reading and maybe helpful also ;-):-

Consumer Credit (Agreements) Regulations 1983

[checkthatcredit]

I'm experiencing a similar response from Barclaycard as well so will be interested in your progress

[diddydicky]

the chances of B card still having your signed agreement are probably the same as me getting katherine jenkins and katehrine zeta jones in my bed at the same time!!

 

im afraid a SAr to barclays will not turn up an agreement either

 

The T & C's sent to you are generic and have no reference to you whatsoever,

 

 

You need to make a judgement call on this one unless you wish to take them to court

 

 

You need to write and tell them that they have failed to fulfil their obligations under the CCA sect 78 in that they have not provided you with a true copy of a properly executed agreement and that what they have sent you does not bear any reference to you

 

( this is bulls***t) as they probably are complying given the age of the agreement ( but hey since when did barclays have the sole rights to Bullsh*t)

 

I would then challenge them by stating that you do not beleive that they have a properly executed agreement however if they believe they have then they could save you both time and expense by allowing you to see the agreement, this you will argue would also save future litigation. Tell them that it is to their advantage to show you this agreement as if it is enforceable they will achieve what they want from you without further expense and litigation

 

tell them that you are prepared to pay the reasonable costs of couriering this agreement to your local barclays branch for you to see to which end you feel that 21 days would be a reasonable time scale failing which you will assume that they do not in fact have an agreement and you will consider the account closed

[Shanidev]

Is there a template somewhere that I can use. I think I need to call their bluff and ask them to close this account. I have Mercers, then Scot-Call or was swift, then Power2Connect and couple of other and now RMA pestering me about the same account.

 

Thanks and Regards, Shanidev

[diddydicky]

Is there a template somewhere that I can use. I think I need to call their bluff and ask them to close this account. I have Mercers, then Scot-Call or was swift, then Power2Connect and couple of other and now RMA pestering me about the same account.

 

Thanks and Regards, Shanidev

 

you are a (potential) LIP you don't need to be perfect just go with the flow and along the lines i mentioned SHOW that you are being reasonable and making an attempt t resolve the matter whereas all they are doing is obfuscating

[Shanidev]

Now I have RMA, CSL and Power2Connect chasing me Barclaycard. This time they have the right account number but spell my name wrongly. I have sent Account in Dispute letter to Barclaycard and am awaiting their response.

 

Do I wait for Barclaycard to respond or do I reply to these £$%£ even though they mis-spell my name!!

bc rma.pdf

csl bc.pdf

p2c bc.pdf

[the_shadow]

Now I have RMA, CSL and Power2Connect chasing me Barclaycard. This time they have the right account number but spell my name wrongly. I have sent Account in Dispute letter to Barclaycard and am awaiting their response.

 

Do I wait for Barclaycard to respond or do I reply to these £$%£ even though they mis-spell my name!!

 

You can either ignore until they get more serious or send them a) a cca request or b) the "bog off dca cos the account is in dispute letter, pass back to Barclaysharks"

 

S.

[Shanidev]

Now Barclaycard have sold the debt to DCA who have put a claim through CCBC/MOCL. What documents should I request and can you do an SAR or credit card debt? I am going to ask for CCA and deed of assignment. What else should I be asking for.

[Happyhippy1959]

I had two Barclay card accounts, well three actually they bought egg. They have written on all three saying they do not have the CCA's and yes it is un-enforcable but the debt remains, the usual blah de blah, the only way I got them to admit it was under the consumer protection form unfair practices. Now they sold two to Cabot and they had the same response from me, NO CCA NO PAY as for the egg one they have tried four DCA's and exactly the same, sent the letter from Barclays saying sorry no CCA, so told them to bog off which they did quite easily. Cabots last fire of there gun is to threaten you that you have paid for blah blah number of years so you have acknowledged the debt, that is easily put to bed by quoting court cases which you can find on here. To end the letter I always say if you think you have a case under this dodgy piece of made up nonsense, see you in court. They then reply WE HAVE NO PLANS TO TAKE YOU TO COURT, as you are aware we cannot enforce and enforcement means county court blah blah.... So as diddy say's they probably have not got one and the ball is firmly in your court.

[Old Cogger]

Barclays bought debt, then SAR Egg surely as Barclays probably would not have the SAR?? just a thought?

Edited May 16, 2013 by Old Cogger

[Shanidev]

They sent claim through CCBC claiming full amount saying that they have completed all pre-legal action tasks. Produced no docummentation but now pursuing it on smail claims track but they want me to go all the way to their location. I can't afford this luxury what shall I do.

[Shanidev]

Today, I have received N24 with this wording. Now sure what to say on Direction Questionnaire. I have repeatedly requested agreement, assignment and any other direction but so far they have provided nothing. Where do I stand, any advice!!

 

"Before the Court Officer sitting at Northampton (CCBC) County Court, 4th Floor St Katharine’s House, 2 1-27 St Katharine’s Street, Northampton, NN1 2LH.

The Defendant, you have been sent Notice N149A, B or C which specified the date by which you were required to return the Directions Questionnaire and pay any applicable fee. You have failed to file the Directions Questionnaire and any requested fee with the CCBC by the date specified in Form N149.

IT IS ORDERED THAT

The Defendant must file the Directions Questionnaire with the CCBC on or before 7 days from service of this Order with County Court Bulk Centre via post at St Katharine’s House, 21—27 St Katharine’s Street, Northampton, NN1 2LH, via Document Exchange at DX 702885, or via email at [email protected]. If the Defendant does not comply with this notice your defence/counterclaim will automatically be struck out and, subject to the Claimant having complied with this order, the Claimant will be at liberty to enter judgment.

You can download a Directions Questionnaire from http://www.justice.gov.uk/forms. For claims up to £10,000.00 please download form N180. For claims over £10,000.00 please download form N181.

This notice is served pursuant to paragraph 2(2) of the Practice Direction supplementing Part 51 of the Civil Procedure Rules. This Order has been made without a hearing. The parties have the right to apply to have the Order set aside, varied or stayed. A party making such an application must file the application with the CCBC (together with any appropriate fee) within 7 days of service of this Order."

[slick132]

Hi Shanidev,

 

Regardless of what the Claimant has supplied or not, you are still obliged to follow the court's Directions or requirements. If you fail to comply, you risk having Judgement made against you with no hearing.

 

Did you send the Claimant a CPR 31.14 request asking for sight of the credit agreement, Notice of Assignment, Default Notice, etc.

 

Did they provide anything in response.

 

Did you enter a defence against the claim and, if so, please post here exactly what you said.

 

Re the Directions Questionnaire - what are you stuck on.

 

It should give you the chance to nominate your local court for the case to be heard if it goes that far.

 

When is the DQ due back at the court. If you are at risk of missing the deadline, call the court and explain that you're getting advice and will respond within 7 days from tomorrow if the court will kindly agree.

 

[slick132]

Moving to Legal Issues forum

 

[citizenB]

You can download a copy of the new Direction Questionnaire from the link below.

 

 

 

http://mglegalsolutions.co.uk/sites/default/files/court/N181.pdf

 

http://mglegalsolutions.co.uk/sites/default/files/court/N180.pdf

 

 

 

[Shanidev]

Thanks for your reply slick132 and Citizen B for the URL. Here are my answers in italics.

 

Did you send the Claimant a CPR 31.14 request asking for sight of the credit agreement, Notice of Assignment, Default Notice, etc.

 

Ans: DCA never cited any of these in their claim. So, I just wrote to them asking for agreement and deed of asignment

 

Did they provide anything in response.

 

Ans: No

 

Did you enter a defence against the claim and, if so, please post here exactly what you said.

 

Ans: I basically said they have not provided anything to validate (full text at this URL: http://sdrv.ms/14CO7AR)

 

Re the Directions Questionnaire - what are you stuck on.

 

Ans: What do I say for mediation (Yes or No). My thoughts are 'how can I talk to them if they have not proved the debt.

 

It should give you the chance to nominate your local court for the case to be heard if it goes that far.

Ans: Yes it does but they have not proved the debt, how can I go with small track or any other track.

 

Rest is just name address and signature. Thanks in advance for your help.

[slick132]

Hi Shanidev,

 

Good to see you entered a defence.

 

Unless you made an N244 Application and paid the fee, the court will not consider your request for the claim to be Struck Out.

 

Say YES to Mediation so you are seen to be reasonable in the matter.

 

Seek the transfer of the case to be heard at your local court.

 

The court will allocate to the track appropriate for the amount claimed but, if the claim is below £10K, it'll be Small Claims Track.

 

They will not "prove the debt" until a court hearing. However, if they don't have the necessary documents, they may decide to withdraw the claim. If not, you can apply for the case to be Struck Out but you need to do this properly.

 

 

Approx how much is the claim for.

[Shanidev]

just over £2200

[slick132]

just over £2200

 

So the claim will be allocated to the Small Claims Track for sure.

 

[Shanidev]

Urgent advice needed

 

Mediation service called and left a message. I sent them details of claim number etc but nothing came of it. Anyway, it got assigned to Small Claims Track and transferred to local county court. Despite my repeated requests DCA never sent anything. I have been away on my employer's business and came to a wad of mostly junk mail. Amongst these I found County Court notice saying preliminary hearing in 3 weeks time. I am lost as to what to because the clowns have not sent anything. Their solicitor will probably come with half a ream of paperwork and flash a few of these in front of the judge. They will claim they have sent (usual trick) and the judge will take their word and imply I am lying.

 

How can avoid this happening??

[slick132]

Hi Shanidev,

 

Looks like Mediation has been left aside for now, for whatever reason.

 

Please confirm the exact Directions given by the court about the Prelim Hearing.

 

If the Claimant has not supplied the info you reasonably require to defend your case, you can ask the judge to order them to do so when you attend the Prelim.