Hoist/? claimform - ex barclaycard 'debt'

[stuscfc1883]

the acky

the cca

the cpr

[dx100uk]

ack is done ONLINE

no need to use the claimform at all.

 

 

for anything.

 

 

dx

[stuscfc1883]

gotcha, i'll do that bit online, thanks

[stuscfc1883]

thanks dx, finished for today, i'll go to the post office in the morning and get the cpr and cca request off in the post recorded delivery etc and of course with the £1 PO with the CCA . . .

 

thanks for your help, i feel a donation coming on

[stuscfc1883]

here's an update . . .

 

The solicitors have responded, dated 9/8/16,

 

"we acknowledge receipt....

We are currently in the process of retrieving the documents requested...

. Therefore, please accept this letter as our agreement to a general extension of time.

 

Once we have provided you with the documents requested we will grant a further 14 days for you to respond to the Claim Form as you feel appropriate."

 

Then I received a reply from another DCA, from Salford, dated 17/8/16 in which they returned my £1 postal order . . .

 

"We acknowledge receipt of your request....

. Your account is now with our clients solicitor XX & Co and they have issued a County Court Claim against you.

As you have filed your defence in this matter,

all documents will be requested by our cleints solicitor XX & Co as part of this process,

therefore please find enclosed your £1.00 fee."

 

Where do we go from here?

[dx100uk]

both are sent to confuse defendants

bottom line is you ignore both.

don't agree to the ext

 

send your def [once checked here ON TIME].

 

as for the return of the CCA fee

and the mistake that you've filed a defence

again ignore

well make use of that later

 

just trying to make you respond directly.

 

 

dx

[stuscfc1883]

so nothing else to do until the solicitors supply the requested info? then 14 days from that date to put in our defence?

[dx100uk]

no

you file your defence on time regardless

 

resit the info provided on the link when you gave us the case details

[stuscfc1883]

need to post my defence before saturday . . . without wanting to be dumb and thinking that there is some systematic defence for these things other than my actual financial situation at the time, is there anything else to put in my defence other than i've listed on your questionnaire?

[dx100uk]

with the greatest respect

unless you've been doing so whilst not logged in

you haven't read any legal claim threads to aid a better guess than above.

 

no that wont form any part of your defence.

 

there are numerous claimform thread from the same claimant for ex Barclaycards already

 

go use our search cag box in the top red toolbar and READ UP.

 

then post your proposed defence back here and we'll help

 

dx

[stuscfc1883]

ok understood . . . what about this?

 

Particulars of Claim

1. This claim is for the sum of £6000 in respect of monies owing under an Agreement with the account no ….. pursuant to The Consumer Credit Act 1974 (CCA).

 

2.The debt was legally assigned to MKDP LLP (ex Barclaycard) to the Claimant and notice has been served.

3. The Defendant has failed to make contractual payments under the terms of the Agreement. A default notice has been served upon the defendant pursuant to s.87(1)CAA.

 

And the Claimant claims:

1) The said sum of £6000

2) Interest pursuant to s69 County Courts Act 1984 at a rate of 8% per annum from the xxxx to the date hereof xxx is the sum of £3000

3) Future interest accruing at the daily rate of £2

4) Costs

 

 

 

 

1. The Defendant contends that the particulars of claim are vague and generic in nature.

The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is noted. I have in the past had an agreement with Barclays but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request.

 

3. Paragraph 2 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) from either the original creditor or MKDP LLP or HPH2.

 

4. Paragraph 3 is further denied. I do not recall ever receiving a Default Notice pursuant to s.87(1) CCA. or any advance notice or warning.

 

5. On receipt of this claim, I the Defendant sent a request under the customer credit Act 1974,by way of a section 78 for a copy of the agreement and payment of the statutory fee of £1.00. The claimant has refused to comply with my request by returning the statutory fee in an attempt to frustrate and avoid its legal responsibilities with this request and I therefore request that the court direct their compliance in this matter.

A further request made via CPR 31.14, after the claim had been issued, has also failed to elicit a copy of the signed agreement and other documents on which the Claimant claim relies upon.

 

6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

a) show how the Defendant has entered into an agreement

b) show how the Defendant has reached the amount claimed for and

c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974

d) show how the Claimant has the legal right, either under statute or equity to issue a claim

 

7. As per Civil Procedure 16.5 it is expected that the Claimants prove the allegation that the money is owed

 

8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act

 

9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

 

would this be ok? i'll amend the accurate cash figures and date on the defence etc

[dx100uk]

make sure you align your replies to their paragraph numbers....

 

 

4. Paragraph 3 is further denied. I do not recall ever receiving a Default Notice pursuant to s.87(1) CCA. or any advance notice or warning

 

 

Barclaycard not Barclays too.

[martin2006]

Also in your para 5, i would change "refused" to "Failed" to comply.

 

Minor points but when it comes to legal terminology, makes a world of difference

[stuscfc1883]

Thanks Dx and Martin, is this ok?

 

Particulars of Claim

1. This claim is for the sum of £6000 in respect of monies owing under an Agreement with the account no ….. pursuant to The consumer credit Act 1974 (CCA).

 

2.The debt was legally assigned to MKDP LLP (ex Barclaycard) to the Claimant and notice has been served.

 

3. The Defendant has failed to make contractual payments under the terms of the Agreement. A default notice has been served upon the defendant pursuant to s.87(1)CAA.

 

And the Claimant claims:

1) The said sum of £6000

2) Interest pursuant to s69 County Courts Act 1984 at a rate of 8% per annum from the xxxx to the date hereof xxx is the sum of £3000

3) Future interest accruing at the daily rate of £2

4) Costs

 

 

 

 

1. The Defendant contends that the particulars of claim are vague and generic in nature.

The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is noted. I have in the past had an agreement with Barclaycard but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request.

 

3. Paragraph 2 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) from either the original creditor or MKDP LLP or HPH2.

 

4. Paragraph 3 is further denied. I do not recall ever receiving a Default Notice pursuant to s.87(1) CCA. or any advance notice or warning.

 

5. On receipt of this claim, I the Defendant sent a request under the customer credit Act 1974,by way of a section 78 for a copy of the agreement and payment of the statutory fee of £1.00. The claimant has failed to comply with my request by returning the statutory fee in an attempt to frustrate and avoid its legal responsibilities with this request and I therefore request that the court direct their compliance in this matter.

A further request made via CPR 31.14, after the claim had been issued, has also failed to elicit a copy of the signed agreement and other documents on which the Claimant claim relies upon.

 

6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

a) show how the Defendant has entered into an agreement

b) show how the Defendant has reached the amount claimed for and

c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974

d) show how the Claimant has the legal right, either under statute or equity to issue a claim

 

7. As per Civil Procedure 16.5 it is expected that the Claimants prove the allegation that the money is owed

 

8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act

 

9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[dx100uk]

Urm

Not read that have you?

I can see two glaring mistakes.

Default notice section ref..is one..

[stuscfc1883]

I couldn't see the para3 error you were talking about lol as it read word for word, but of course you meant the poc 3 . . .

 

what is the other glaring error?

 

 

Particulars of Claim

1. This claim is for the sum of £6000 in respect of monies owing under an Agreement with the account no ….. pursuant to The consumer credit Act 1974 (CCA).

 

2.The debt was legally assigned to MKDP LLP (ex Barclaycard) to the Claimant and notice has been served.

 

3. The Defendant has failed to make contractual payments under the terms of the Agreement. A default notice has been served upon the defendant pursuant to s.87(1)CCA.

 

And the Claimant claims:

1) The said sum of £6000

2) Interest pursuant to s69 County Courts Act 1984 at a rate of 8% per annum from the xxxx to the date hereof xxx is the sum of £3000

3) Future interest accruing at the daily rate of £2

4) Costs

 

 

 

 

1. The Defendant contends that the particulars of claim are vague and generic in nature.

The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is noted. I have in the past had an agreement with Barclaycard but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request.

 

3. Paragraph 2 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) from either the original creditor or MKDP LLP or HPH2.

 

4. Paragraph 3 is further denied. I do not recall ever receiving a Default Notice pursuant to s.87(1) CCA. or any advance notice or warning.

 

5. On receipt of this claim, I the Defendant sent a request under the customer credit Act 1974,by way of a section 78 for a copy of the agreement and payment of the statutory fee of £1.00. The claimant has failed to comply with my request by returning the statutory fee in an attempt to frustrate and avoid its legal responsibilities with this request and I therefore request that the court direct their compliance in this matter.

A further request made via CPR 31.14, after the claim had been issued, has also failed to elicit a copy of the signed agreement and other documents on which the Claimant claim relies upon.

 

6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

a) show how the Defendant has entered into an agreement

b) show how the Defendant has reached the amount claimed for and

c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974

d) show how the Claimant has the legal right, either under statute or equity to issue a claim

 

7. As per Civil Procedure 16.5 it is expected that the Claimants prove the allegation that the money is owed

 

8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act

 

9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[dx100uk]

you've still got differing ref to the area of the CCA that a DN referes to.your para 4

your para 6,a.

 

 

i'd be putting the date you requested CCA/CPR.too and postal method

 

 

pitty? you cant find that old sar return you got in 2011?

could this br statute barred now you know the credit card no it was?

6 yrs no payment?

[stuscfc1883]

4. Paragraph 3 is further denied. I do not recall ever receiving a Default Notice pursuant to s.87(1) CCA or any advance notice or warning.

 

5. On receipt of this claim, I the Defendant sent a request under the customer credit Act 1974,by way of a section 78 for a copy of the agreement and payment of the statutory fee of £1.00. The claimant has failed to comply with my request by returning the statutory fee in an attempt to frustrate and avoid its legal responsibilities with this request and I therefore request that the court direct their compliance in this matter.

A further request made via CPR 31.14, after the claim had been issued, has also failed to elicit a copy of the signed agreement and other documents on which the Claimant claim relies upon.

 

6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

a) show how the Defendant has entered into an agreement

b) show how the Defendant has reached the amount claimed for and

c) show the nature of the breach and evidence by way of a Default Notice pursuant to s.87(1) CCA

 

i think i've spotted the ref you refer to, although 6c?

i've got the receipt for the postage at work so i'll amend that shortly

it's most likely lost in the various house moves over the recent years sadly, but surely if it's on record as SB'd due to the last payment etc, that's still the case and would show up at some point with the CPR request?

[dx100uk]

Why not go ring BC with the card number to hand now..

If its sb'd twould be far better to file that defence

[stuscfc1883]

Dx you are a genius . . . last payment was £160 on 23 December 2009

[AndyOrch]

SB defence it is then.....

 

1 The Claimant's claim was issued on 26th July 2016.

 

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3.The last payment or acknowledgement date being 23 December 2009

 

4. The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

[dx100uk]

:cheer2::cheer2:

[stuscfc1883]

MCOL here we come, thanks Dx, much appreciated . . .

[martin2006]

Be certain there were also no payments made or written acknowledgement to any dca's since BC sold it on.

You wouldn't want to file a sb defence and have it shot down becoz you made a payment a few years ago.

[dx100uk]

post 4 may refer? in terms of time scales

that sort of tallies with . last payment was £160 on 23 December 2009

though £160 to a DCA in a lump sum over 2 cards was it for is a strange figure?