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I'm in process being brought through the courts by CL Finance for a Barclaycard account they purchased.

I'm due in court in the next couple of weeks for CMC but have received a letter from H Cohen saying that Barclays are in the process of buying back my debt from CL and CL are asking my permission to change the Claimant details to Barclays.

Has anyone heard of this happening before and any thoughts on why?

Thanks in advance for any input.

C

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They can't simply change the claimant to Barclays - if it was sold to CL, it has to be sold back to Barclays and you must be informed, otherwise there is no cause of action.

 

You should deny permission. If Barclays are taking it back, there must be something distinctly wrong.

 

Did you go through CPR and so on?

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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I've received letters from Lovells also, asking for the CMC to be postponed. Once I received these letters I gave permission, now I'm regretting it. The case is due in court next week and I am still going to attend or at least ring in the morning before I attend, as I don't want to miss it if they don't get their request in on time. I've gone through CPR and asked for their case to be thrown out due to deed of assignment discrepancies, but was denied.

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I've re-read my letters as I got in a complete panic about it. I've have given permission to have the hearing adjourned while Barclays buy back the debt and put in an application to have the name on the claim form changed. The DJ told me that I would get a copy of the application when a decision has been made. Does anyone know if I can object to them making this change? If Barclays buy it back thats fine, but CL brought the court action so should it then not be dismissed and Barclays start a new claim??

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We really need to know a whole lot more about the original debt, whether it was correctly defaulted, whether a proper notice of assignment was issued and so on. Have you sent a CPR request? Was it a Barclaycard or a loan? Tell us as much as you can, in detail.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Thanks for the response. Here's an outline - Its a credit card and was originally issued by Morgan Stanley and taken over by Barclaycard in 2008. I received an undated letter from Barclaycard, using the account number for the Morgan Stanley account, informing me of the take over and assuring me that there would be no difference to how the account is managed.

I had a payment arrangement in place with Morgan Stanley and continued paying after the account was taken over by BC. BC said they would contact me by phone or letter to discuss further repayment arrangements when the arrangement expired but they never contacted me to discuss this arrangement or to inform of any change in the account number.

BC passed the account to Mercers. The letters stated an account number and balance I was not aware of. The account was transferred to Lewis Debt Recovery and they stated CL Finance were now the owners. I wrote to Lewis Debt requesting a copy of the Credit Agreement but did not receive any response. I then received correspondence from H Cohen stating notice of pending legal action, even though the account was in dispute. I wrote again to Lewis Debt as I had still not received acknowledgement of, or a copy of, my request for a credit agreement. Shortly afterwards I received the court claim form.

I requested the disclosure of information pursuant to the Civil Procedure Rules but they didn't send. Eventually the court told them to supply these as the only document I received is an illegible copy of a credit card application form from Barclaycard.

Mercers had sent a DN which only had their address etc on it, not BC. But the deed of assignment was dated differently to the NOA and I asked for the case to be dismissed due to this, but it was denied.

Now I'm told that BC are intending to buy back the account from CL.

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  • 5 months later...

Barclaycard have now bought back the account. They have responded to my defence and I have to submit disclosure later this month. It looks to me as if the defence that I sent for CL is now not relevant, or at least BC tore it apart, saying it wasn't relevant. Question - for standard disclosure, do I need to send a copy of all the docs I will have in my bundle? Thanks

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It would help if we knew a lot more about this, such as what the new PoC is – I’m sure it would have to have changed – and what your original defence was.

 

Please tell us as much as you can, from the day the account was opened.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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The POC says as follows:

The Claimants claim is for the sum of £XXXX being monies due from the Defendant to the Claimant under a regulated credit agreement between the Defendant and the Claimant under reference XXXX XXXX. The agreement was assigned to CL on XX 2008 and then subsequently reassigned to the claimants on XX 2010. The defendant has failed to make payment in accordance with the terms of the agreement and consequently a default notice has been served on the defendant pursuant to section 87 (1) of the consumer credit act 1974. The claimant claims the sum of £XXXX and any interest accrued since the date of the claim.

 

The initial POC from CL/Howard Cohen states:

The Claimants claim is for the sum of £XXXX (same figure as above) being monies due from the Defendant to the Claimant under a regulated credit agreement between the Defendant and Barclays Banks t/a Barclaycard under reference XXXX XXXX (same as above) and assigned to the claimant on XX 2008 (same date as above). The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon defendant pursuant to section 87 (1) of the consumer credit act 1974. The claimant claims the sum of £XXXX .

 

The claim has been allocated to the fast track with standard disclosure of documents with a disclosure statement due next week with requests for documents/inspection of docs, the following week.

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If they want to take over the claim, then they are subject to the same order as CL – they must supply the documents ordered by the court. When did they have to supply them by?

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Thanks for the response DonkeyB and sorry for the sporadic responses! They have now supplied all the documents requested such as NOA, account sale, default notice. I received an application form in response to a copy of the credit agreement which was illegible and have been battling to get a clearer copy. BC sent an enlarged copy but this is still illegible in my opinion but its the best I'm going to get. They have also sent t&c. I have a discrepancy between the dates on the account sale agreement and NOA of 9 months and the addresses on both docs do not correspond.

I'm putting together the documents for standard disclosure as directed by the DJ, but I'm getting confused (I think) with the bundle - ie how much do I give them at this stage, is it just copies of the letters/correspondence sent and received between the 2 parties? Do I give them copies that I have made notes on - I've scribbled "I've not seen this before" for example, so do I keep that on the doc or remove? I've probably answered my own question (!) but I just want to double check. Thanks, C

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You use the N265 for standard disclosure and both parties are requested to exchange simultaneously.List documents that you refer to in your defence or that may be of use in your argument.

Once the Claimants has been received request anything of use or unseen from theirs and they will reciprocate same.

 

N265 Her Majesty's Courts Service -Forms and Guidance

 

Regards

 

Andy

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The original creditor Morgan Stanley first agreed to a concessionary repayment arrangement with you for the account, which Barclaycard subsequently agreed in writing to honour.

 

Barclaycard stated they would either telephone or write to discuss further repayment arrangements when the arrangement expired.

 

The posts indicate Morgan Stanley or Barclaycard to date have never wrote or telephoned to state the repayment arrangement had expired or was rescinded.

 

Did you default on any repayments to Barclaycard before the account was passed to Mercers?

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The truth of the matter, most of the MSDW accounts went to Goldfish, for a short vacation before then proceeding to BC. I understand that GD did try to Honor any payment arrangements but sadly their vacation with them was short lived as BC snapped them up and all 1st statements issued had arrears notice section and that Mercers would be contacting the customers to negotiate any arrangements.

This never transpired as i believe that the accounts were purchased with the full knowledge of litigation intentions.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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I continued to pay my concessionary payment as agreed with MSDW and the when the account went to Goldfish. When the account transferred to BC, again I continued my payment. I did not receive anything from BC to amend the payment or negotiate another amount. I received correspondence with a difference a/c no. and wrote to say I didn't know the a/c no. By the time they responded to me re: the a/c no., it had been passed to Lewis Debt, I had written and requested a copy of my CCA, which they did not provide. Only then did I stop making payments. They then wrote and told me the a/c no. was my new BC a/c.

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Thank you Catch which just reiterates my last point.

 

Andy

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  • 1 month later...

I'm putting together my witness statement which is due this week. How much information do I include? I'm not putting in any legal info, only my recollection of the facts. However, it does sound like a regurgitated defence! Do I include the details of court adjournments? Can I put in any of my opinions or things that I think should have happened?

Sorry if these are really stupid questions - I've been doing this since 11 this morning and I think I might need a break! Any help is appreciated x

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  • 3 weeks later...

I've submitted my WS and received theirs and am now coming up to the deadline to submit reply evidence for the WS. Is there a specific layout the reply should be in, or should I follow the WS layout? I can't find anything on replying to their WS.

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We’d really need to know what was in your WS and what was in theirs, then we can help formulate response.

 

Sounds a bit like they are backpedalling sharply, as they realise you were willing to pay and its their own fault this mess has transpired.

 

Have you ever sent a CCA request for this account? Who is the claimant now – is it Barclays? Did they ever re-assign it from Lewis to Barclays?

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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