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vuk1958

BarclayCard - I filed an application under CPR 31.16

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Quick question

I filed an application form with Court re:Barclaycard to provide the credit agreement pursuant to CPR 31.16 as they failed to do so despite number of letters over the period of 2 months were issued with same request. They simply IGNORE and keep on sending the same crap.

So far I haven't got any letter from court confirming any action and Barclaycard continues with payment demands.

Also, no agreement from Barclaycard just letter stating that they do not have to provide me with it ( apparently regulations allows them that) and just usual irrelevant T&S

Does anybody know what way i should address Court and would Court issue them an order to supply the agreement or Application would go to hearing.

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Started my thread under Barclaycard , BarclayCard - I filed an application under CPR 31.16

I spoke to court and they said judge is on holiday or so - I am worried that application could be refused.

Also who would pay for this application hearing. i believe they should as I asked them 5 times to supply doecuments -they didn't. surely that is " no cooperation with pre action protocols".

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I filed application pursuant to CPR 31.16 as no relevant documents were supplied under s78.

They claim CPR 31.16 doesn't confer automatic entitlement to documents before proceedings start and are issued only in limited circumstances which to them do not apply - probably they refer to fact that they complied by section 78 by sending " statement and irrelevant T&C )

Could court refuse CPR 31.16 request prior claim is issued.

Also, how do i stop Barclaycard acting on account considering they are in default/offense or do i continue paying until the application is heard in court.

 

Ok, well the court will get back to you with a hearing date. Barclays will either pass to this to their litigation team or will farm it out to a solicitor/barrister.

 

You will need to argue alongside the witness statement that pt2537 posted that you have a right to these documents as you will use them in a court case against Barclays.

 

It is up to a judge to agree/disagree with your points

 

I'm afraid you cant stop them if you dont pay monthly, Barclays will continue onwards regardless of the court hearing and will default you, pass you to internal DCA/external DCA I'm afraid.

 

If they havent complied with pre-action protocol then costs shouldnt be awarded against you but again its for argument in front of a judge.

 

S.


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Posts moved from another thread and duplicates removed. :)

 

Did you use N244 when making this application and did you follow the advice given in the CPR thread before you did this - ie first two request letters.

 

Link No2 in my signature refers to the CPR thread.


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Yes, I stick N244 application. Initially the court clark at the desk refused to take it as "there was no claim going", but I had to reffer her to CPR23.2(4) so off she go to judge and after 10 minutes she is back accepting the N244.

I sent 3 letters LBA to Barclays requesting the original documents under CPR 31.16 and warned them against costs. I stick all my correspondence with them to my application, dated and in order. I hope judge would read that - if??

Now, Judge can say - Barclays sent you documents under s78 and satisfied your request - why do you want original "agreement!". Is it my right to have it or that could be classed as "not needed" and abuse of court. I know they get those "clever barristers" in and in front of Judge you look like "amateur" wanting your rights. The problem is CCA1974 section 78 request is one thing and Regulations of what can be included in the copy is another. They seem to contradict each other and that allows them to send you "nothing". Do I just waste my time or there is true prospect of simply sticking to "I have right to get original agreement in it's unaltered form".

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Hi Vuk,

 

Did you pay a fee when you left the N244 at court.

 

On the N244, who did you you put as the Respondant and what address did you use for them. See here - http://www.consumeractiongroup.co.uk/forum/barclaycard/173450-use-right-name-when.html


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Yes, £75.00

i put them as Respondent

I left Northampton address, I juist realised that could be a mistake.

However, surely they should inform the Court of their litigation address - well, shell i wait and see what happens

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Hi Vuk,

 

Any litigation involving BC must be properly addressed as per the link I posted above.

 

The Respondant in this case is "Barclays Bank PLC -trading as Barclaycard" and you must quote their London HQ address.

 

You could contact the court, if you made the Application in the last few days, and ask if you can amend the details.

 

Otherwise, you may have to amend with a further form N244 which will cost you more.

 

Contact the court Friday if you can.

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Yes, just received another leter from barclaycard sending the Barclaycard conditions and stating: Agreement between us ( Barclaycard centre Northampton) and you the person who signed the agreement ( as named on the covering letter). All 3 letters are sent on same date and other two letters indicating that agreement would be sent "under separate cover", so i believe this is the agreement - just copy of terms and conditions.

I am completely shocked with this level of vioalation by BC.

Furthermore, this is posted from their Northampton Centre. Why would they set aside the Application made to their address in Northampton if that is the address I was communicating with.

At the same time I received the final payment demand.

I now decided to pay that demand, send the covering leter advicing their default/offense and then request money back through N1 claim at later stage. Let me know what do you think.

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Hi Vuk,

 

If there are any penalty charges on this a/c, you can reclaim those in full. If you don't have all your statements for the a/c, you'll need to send a SAR with the £10 fee to get them.

 

But you cannot claim back monies paid to the a/c just because you feel there is no proper credit agreement or because they've issued a faulty DN.


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