Carter claimform - old Cap1 card **SETTLED BY TOMLIN**

[DonkeyB]

In the PoC, he effectively HAS mentioned the DN - why, otherwise, could he state that the account is now all due and payable? That could only be the case after a DN was issued and not remedied. Go for the DN too!

 

Glad to see you fighting fit.

[DonkeyB]

YOU may have the DN, but will they...?

 

You might consider an SAR to Cap1, but that will take some time. The info, however, could be useful in determining charges more quickly, as Carter hardly ever seems to fulfil CPR requests.

[DonkeyB]

They cannot ‘suspend’ a claim. It is either a time extension, a discontinuation, or else they are trying to trick you into not entering a defence so you get a default judgment against you.

 

If you must talk to Carter on the phone, record the call. Having that on tape would have been dynamite.

[DonkeyB]

Perhaps email Carter asking if they require a 14 day extension to produce the required documents. Make clear that you will be entering an embarrassed defence otherwise. Tell them you require their request by return. In this email, confirm back to them (in writing!) what they have said to you on the phone – if they don’t counter this, then that’s corroboration and acknowledgment of the content of the phone call.

 

If they ask for the extension, confirm by email to Carter then write to the court by special delivery; copy in Carter.

 

It’s important to keep an audit trail for this; if they discontinue, irrespective of the track, you can claim costs as you would easily be able to show they have behaved unreasonably.

[DonkeyB]

They have sent stuff out from

 

[email protected]

 

Suggest you ask for confirmation of receipt.

[DonkeyB]

If they don’t tell you IN WRITING (by email) today that they require an extension of time, then get your embarrassed defence in. You could call them and ask if they want it, but I wouldn’t do that unless you can record the call so you have proof.

 

One reason for allowing them an extension is that you are showing your are being reasonable. If they then fail to come up with the docs in time, you can go straight for a strike out and wasted costs.

[DonkeyB]

There’s also a fax number available, which I could dig out if you have a fax machine to hand.

[DonkeyB]

You don’t send BC anything; the court does that. He wouldn’t read it anyway, as you know.

[DonkeyB]

Don’t know – you may have to rekey it.

[DonkeyB]

But you were smart to their ways! You’ll never take me alive, Carter!

[DonkeyB]

... which, sadly, is exactly what a lot of people do!

[DonkeyB]

They are wrong – and they are deliberately telling you a blatant untruth/economical with the actualité/porkies/call it what you will. It’s a lie... however you look at it.

 

Only the judge can decide the track; until AQs are filed and a judge allocates the track, the claim is trackless and effectively multi-track – therefore CPR31 most certainly DOES apply. You may want to write back and point this out, and remind them that their 7 days are up.

 

You will use this at the AQ stage – pointing out that they have denied you the benefit of CPR31, and that you require a court order that they produce the documents which they should have had in their possession when issuing the claim.

 

Carter, you are a prize tosser.

[DonkeyB]

I think you should copy those documents for other people and send the originals to the ICO with a complaint. Should cost Barclays a few hundred quid at least to deal with it.

 

What exactly have they sent? Proper copies or reconstructions?

 

Can you scan and post things like DNs?

[DonkeyB]

Do you have the original DN by chance? Bet it isn’t the same if you do have it.

[DonkeyB]

Have you added interest to your counterclaim at 8%?