Claim against Barclaycard - Urgent Help needed

[jp2006]

Hi

 

After months of correspondence with barclaycard to provide me with documents under CCA, I finally stopped paying them. Soon after that I send another CCA requested and this time they skillfully transferred it to robinson and way debt collectors. I then started the same story again asking them to provide me with the cca documents. Robinson way initially replied to me saying they are waiting for their client (barclaycard) to get back to them and for the time being this account is in hold.

 

Two months later, robinsonway sent me an empty credit card application with no signature. It looked like they picked an empty credit agreement, copied it and send it to me. I again asked them that this is not acceptable.

 

While I was in process of correspondence with them barcalycard took half of my salary from my current account (unfortunately this was with barcalys as well).

 

I was furious to find that out as it left me in a position to borrow money from friends and family to pay for the rent and bills.

 

I know I made a stupid mistake keeping the current account with barclays and learned a lesson.

 

I then logged a claim against barclays about their unlawful act and under hand tactics.

 

barclaycard assigned the case to their solicitors lovel who has now filed a defence.

 

I would to know how to proceed further. Please explain in simple terms as although I am involved in another court case with cabot but dont understand all the technical terms.

 

I am attaching the defence

 

 

The particulars of the claim were below:

 

Account No ---------- I disputed the

amount in question with Defendant in FEB 2009

and received a letter next month advising the

account is with a debt collection agency. I

made the CCA request again to the agency and

disputed the account. While I was dealing

with the defendant?s debt collection agency,

defendant carried out unlawful and deceitful

activity by withdrawing money from my bank

account without my consent. This incident has

caused me exceptional hardship and left me in

the brink of losing my home. Defendant has

also breached Consumer Credit Act, Debt

Collection guidelines and carried out under

hand tactics by not providing documents to

prove an enforceable agreement exists and

taking half of my earning. I have still not

received the requested documents and

defendant also refused a refund,even thought

the account was already in dispute when they

took money from my account. I want them to

refund my remaining money,refund all the

charges with interest and remove any defaults

unlawfully place in my credit file.

[jp2006]

any advice please???

 

thanks

[slick132]

Hi jp,

 

The defence doscuments are way too small to read.

 

Please re-post them with PhotBucket or other means.

 

[jp2006]

Hi slik, I will post them again from the office. This is my another claim which I started against barclaycard and will need a bit of help. thanks

[jp2006]

Hi jp,

 

The defence doscuments are way too small to read.

 

Please re-post them with PhotBucket or other means.

 

 

please find the documents attached:

 

ImageShack -

 

thanks

[slick132]

Hi jp,

 

As the bank have filed a defence, the next stage would normally be for the case to be transferred to your local County Court.

 

However, your POC's as set out above are woefully inadequate and will almost certainly be struck out. I assume the court will tell you this and give you the opportunity to file a new POC.

 

PLEASE CONFIRM - are the POC's as you set out above exactly what you put on your claim, or an abridged version. If there's a fuller version, we need to see it.

 

If you want to continue this claim, you'll have to specifically seek the return of £XXX.XX taken from your bank and paid to BC.

 

I suggest the basis of your claim will be that the CC a/c was in dispute because BC failed to provide the credit agreement to which you were entitled by virtue of CCA 1974.

 

Their failure meant that they could take no collection or defaulting action until they produced the agreement.

 

So they were unable to take the money from your bank as they did, and you want it back, with interest and the default removed.

 

You'll have to set this out in the proper way and this would give you help - The Consumer Forums - The Small Claims Kit ? published by Lawpack

 

Before you invest any more time, effort or expense on this, let me seek advice from the site team as I'm really not sure if you have a winable case here.

[jp2006]

thanks slik. I will get this lawpack and will wait for further advice.

[citizenB]

I dont know if the information below will be of help I have highlighted the paragraph I think would be useful

 

 

 

It would be very difficult for me to open a parachute account for various reasons, and they have done this three times to me so far this year. I have always complained immediately to the FOS and got it refunded on the same day. It's an absolute hassle, but they had to back down.

 

http://www.consumeractiongroup.c o.uk/forum/show-post/post-2407904.html

Desperate Daniella

 

 

The FOS is quite emphatic that they can only offset against "disposable" income, and this means that you must be allowed to pay the mortgage and any other secured loans, the council tax, utility bills, TV licence and so on. Barclaycard's argument is my funds appear to be disposable income because there are no direct debits or standing orders they can count. I cancelled all the dds and sos because obviously if I have no money in the account Barclays will return these payments and then charge me for the privilege of doing so.

 

The FOS are completely clear on the fact that I am under no obligation to make payments by so or dd just to make things easier for barclaycard to assess my "disposable" income, and that is why they have had to back down every time.

 

I'm mentioning this just in case, like me, it would be very difficult to have a parachute account.

[jp2006]

Hi gurus, I have received allocation of questionnaire from barclay's solicitors. I would like to know if I have to pay fees while submitting it.

 

Also any tips will be helpful.

 

Thanks

[slick132]

Hi jp,

 

AQ fee is normally nil for claims up to £1500, and £35 where claim is between £1500 and £5K.

 

Moving this thread to Legal Issues forum.

Edited November 5, 2009 by slick132
typo

[jp2006]

Thanks slick, I think it will be nil in my case as the claim is under £1500.

 

Is there anything I should keep in mind while filling out allocation of questionnaire and also what will be the next steps?

 

thanks

[slick132]

See the AQ guide here - http://www.consumerforums.com/resources/templates-library/48-bank-templates/125-allocation-questionnaires-a-guide-to-completion-

 

I see you said you got the AQ from Barclays. I assume you mean they sent you a copy of the one they sent into court.

 

The AQ which you must complete will be sent to you from, and must be returned to, the court.

Edited November 6, 2009 by slick132
typo

[jp2006]

Hi Slick, thanks for your comments. I have submitted the QA and also received a copy from barclays. To intimidate me more they are claiming £15000 for damages and also want the case to be transferred to Fast Track instead of small claims.

 

I also spoke to the advisor in county court that the case is in judge's file and will be looked into in 6-8 weeks time.

 

lets see what happens. I will then decide if I go for a solicitor.

 

regards

[slick132]

..... they are claiming £15000 for damages and also want the case to be transferred to Fast Track .....

Can you post up details of this. Is the £15K roughly the a/c balance at the moment, or are they actually claiming damages beyond this.

[jp2006]

The allocation of questionnaire which was sent to them, they wrote the following in Section G

 

What is your estimated costs to date? - £500

 

What do you estimate your overall costs are likely to be? - £15000.00

 

I think I mentioned damages, sorry about that, please pass on some advice if possible.

 

I will try to scan these docs from a internet cafe and post them here.

 

Thanks

[slick132]

Hi jp,

 

Costs is a very different matter to damages and this now makes more sense. You are at risk of their costs being awarded against you but, as long as this is heard on the Small Claims Track, such exposure should be limited as long as you can show you have been reasonable.

 

If you want to proceed, I think you must be prepared to File a new POC which properly sets out your claim, and the basis for it.

 

This would normally be done with Apllication Form N244 with the appropriate fee.

 

The POC should reflect the info provided by CB in post #8 above but you will also need to show where the FOS guidance comes from and any case law which backs up your contentions.

 

Did you get the Small Claim book to assist you.