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Barclaycard - No Credit agreement- court on Monday 3rd


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Hello everybody. Im in court on Monday after an adjournment. The Claimant has only produced my initial application and a printout of my account going back to 2004. At the last hearing the sol claimed they could not find the credit agreement but would not withdraw the claim. As they had not provided me with there papers/evidence until day of the hearing. Judge adjourned stating it was right that they send all requested evidence.

 

Im sorry to say but i have been frozen with fear about the whole issue hence my first post. I haven't denied using the card but need to write a defence. Claim is about £1100 but there are about £600-£700 in charges.

 

Can you help me.

 

Many thanks in advance.

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Bumping this up for you - you have left it a bit late! But I'm sure all is not lost as long as you have all your paperwork to hand so that if someone can help you, it shouldn't take too much time.:p

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Bump. Sure one of our expert defence writers will be along soon.

 

DG

I have no legal training my knowledge comes from my personal life experiences

Please help keep the forum alive by making a donation

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Hello.

You will need to post up:

The particulars of claim,

Agreement/Application form they provided

Default Notice

 

Also, are they the original creditor.

Is it small claims or fast track.

 

What was your original defence.

 

This will provide information to any person who comes along to help.

 

Regards

-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

-

Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

-

Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

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make sure you remove any personal details or identifying account numbers etc..

 

regards

-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

-

Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

-

Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

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What documentation have they sent you ?

 

I would expect they should send you the Credit Card Agreement, a Default Notice, a Notice of Assignment (if applicable) and a Notice of Termination.

 

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Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

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Here are the documents--is small claims. Other docs to follow. Thanks

 

Is it just me or are these too small to read when clicked on?

 

looks like no CCA and mercers default notice (check for Barclays address on that default notice)

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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The defence looks good to me and if it gets thrown out it's game over.

 

However, if this fails, you could counterclaim for the penalty charges. There is spreadsheet here on CAG which will do the compound contractual interest. It may well wipe out the entire debt.

 

Also a default notice which comprises of penalty charges is invalid and the info recorded at the Credit Reference Agencies incorrect/libellous. (You've covered this in your defence)

 

Add all these up and apply the interest using one of these spreadsheets and you will see just how much they owe you!

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The default notice is from Mercer, not barclaycard..

 

Taken from Consumer Credit Enforcement Default and Termination Notices & Regulations 1983

Any notice to be given by a creditor or owner in relation to a regulated agreement to a debtor or hirer under section

87(1) of the Act (which relates to the necessity to serve a default notice on the debtor or hirer in accordance with section

88 before taking certain action by reason of any breach of the agreement by the debtor or hirer) shall contain--

 

(a) a statement that the notice is a default notice served under section 87(1) of the Consumer Credit Act 1974;

 

(b) the information set out in paragraphs 1 to 3, 6 and 8 of Schedule 2 to these Regulations; and

 

© statements in the form specified in paragraphs 4, 5, 7[, 8A] and 9 to 11 of that Schedule.

 

 

Parties to agreement

2

(1) The name and a postal address of the creditor or owner.

(2) The name and a postal address of the debtor or hirer.

 

Mercers are acting as agents according to the default notice, therefore the address of the creditor or the owner is not on that default notice.

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Regarding my defence . The judge pretty much ignored it. he kept saying whats my defence, only got the adjournment because i hadn't received the required documentation. I was hoping that maybe i could attack the lack of a cca.

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If you have a good defence and argue your points effectively and can show the judge with supporting documents what the defence entails they can be educated but they can be a law unto themselves sometimes by all accounts.

 

Where is the second page of the default notice? as what you have posted up says 'continued' on it and does not have the following page. Also what is the date on the default notice that it was issued on as that bit is unclear.

-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

-

Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

-

Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

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The defence you have submitted above is only a 'holding' defence based on the claimant failing to provide documents.

If the claimant has provided documents, then you will need to draft a new defence based around the documents that the claimant provided and asking for other documents which they have failed to supply which are critical to their claim and your defence.

 

When was the hearing in which it was adjourned? As although you can make an application for a new defence to be submitted the claimant will make a fuss about it and the judge may or may not allow it.

 

With the right help, I am sure we can assist, but you need additional support from some other site members.

 

This my opinion only...

 

Regards

-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

-

Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

-

Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

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Here is my initial defence and court directions.

 

Claimant has admitted no Credit Agreement on file supposed lost. however I never signed one.

 

It looks as if the directions make it clear that the agreement needs to be produced.

 

It also looks as if the claimants whole case is going to based on the fact that you have had the money so the debt is proven and you must be ready to dismiss this point as it is a moral point and not a legal point. You do not admit nor deny the debt it is not the legal issue. The legal issue is the enforceabilty of the credit agreement that the claimants whole case relies on.

 

I am getting tired but what does this point in your defence relate to?

 

Alternatively, I respectfully request a stay in proceedings until such time as the claimant complies with the requests outlined in paragraph 6 above or until the court orders its compliance with the same. I will then be in a position to file a fully particularised defence and counterclaim and will seek the courts permission to amend my statement of case accordingly.

 

It might be just me!

 

Pedross

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Hi thanks for all your advice so far. I did the compound interest spread sheet and it totals over 1100 pounds in fees and interest on the fees. To be fair I would be happy if the Judge would quash this.

 

Last hearing was end of April. I worked out the charges from june 2004 but did request 6 years of statement which would mean it would go back to sept 2002. They haven't produced the the full statements. The haven't produced the CCA. What should I write back to the court with. Any help greatly appreciated.

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It looks as if the directions make it clear that the agreement needs to be produced.

 

It also looks as if the claimants whole case is going to based on the fact that you have had the money so the debt is proven and you must be ready to dismiss this point as it is a moral point and not a legal point. You do not admit nor deny the debt it is not the legal issue. The legal issue is the enforceabilty of the credit agreement that the claimants whole case relies on.

 

I am getting tired but what does this point in your defence relate to?

 

Alternatively, I respectfully request a stay in proceedings until such time as the claimant complies with the requests outlined in paragraph 6 above or until the court orders its compliance with the same. I will then be in a position to file a fully particularised defence and counterclaim and will seek the courts permission to amend my statement of case accordingly.

 

It might be just me!

 

Pedross

 

 

This is an error, re paragraph six, it was for the previous paragraph. Thanks

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