Help please! been sent a county court claim by Tradepro card services ltd

[janedow]

Hi Guys and thanks again for your efforts in helping me.

Quick update, I called MK and said I have never had any communication with TRADEPRO, only MK have ever written to me, the person said the claim had been issued in the WRONG company name and I should receive another claim form with the correct company name on it, The name began with P I didnt get the rest of it but the new claim form should be here today or tomorrow according to them.

 

Not sure what to do now, I only have a few days left to reply to the original claim due to not being here and the Easter bank holiday.

 

I am also sending another SUBJECT TO ACCESS REQUEST to MK as if they have taken over the account and they have another Barclay card account so I need all data on that one, they should have all data I think, correct me if Im wrong.

 

I am also making a complaint to Barclay card as they have not supplied the data I requested months ago.

[citizenB]

Thanks for that CB. If a POC is written in such a way to avoid having to provide relevant documents, surely this is an an abuse of process, which needs to be questioned in the Part 18 request. Can you ask for anything to be clarified in a part 18 request and for the claimant to provide supporting evidence by supplying relevant documents ?

Absolutely, UncleB - which is why the defendant should challenge the PoC by way of asking for them to replead their case.

Example only..

The Defendant takes issue with the Claimants pleadings. The Claim is a Bulk Centre claim, however, the rules on pleading apply even to the Bulk Centre and furthermore the Bulk Centre rules and guidelines state that if you cannot properly particularise the claim in 1024 characters then you should not use the Bulk Centre to issue the claim. The Claimants pleadings amount to circa 258 characters, leaving at least 700 characters available for the Claimant to plead adequately. The Defendant is embarrassed by the Claim, which faces him.

There is quite a bit of information in the attached pdf.. which deals with poor pleadings..

legal issues-compilation.pdf

Edited April 10, 2012 by citizenB

[citizenB]

Thanks for that CB. If a POC is written in such a way to avoid having to provide relevant documents, surely this is an an abuse of process, which needs to be questioned in the Part 18 request. Can you ask for anything to be clarified in a part 18 request and for the claimant to provide supporting evidence by supplying relevant documents ?

 

Yes, you can ask for anything to be clarified by way of the CPR part 18 - if you take for instance point 3 in the example above, there was a problem establishing whether a DN had been issued - as it is part of the route that a company MUST take prior to issuing a claim for a debt that is covered by the CCA and no other information regarding this was forthcoming from the claimant.. we had to be sneaky about it. Establish that one was actually issued.. with the sub questions regarding the other statutory information that should be on a valid notice.

 

Question 1 and 2 - no statement of account had been provided or even mentioned - OP's stance was that this was statute barred. So obviously the last payment made was very important. Had they given a date that was inconsistent with the defendant's recollection or records then they could be asked for proof..

 

 

Hi Guys and thanks again for your efforts in helping me.

Quick update, I called MK and said I have never had any communication with TRADEPRO, only MK have ever written to me, the person said the claim had been issued in the WRONG company name and I should receive another claim form with the correct company name on it, The name began with P I didnt get the rest of it but the new claim form should be here today or tomorrow according to them.

 

Not sure what to do now, I only have a few days left to reply to the original claim due to not being here and the Easter bank holiday.

 

I am also sending another SUBJECT TO ACCESS REQUEST to MK as if they have taken over the account and they have another Barclay card account so I need all data on that one, they should have all data I think, correct me if Im wrong.

 

I am also making a complaint to Barclay card as they have not supplied the data I requested months ago.

 

I am not sure I understand what is happening here.. Are they advising that the claimant is incorrect or that they have issued the claim to the wrong company (ie you)

 

I believe they will need to ask for permission to change the name of the claimant.

 

Could be worth a call to the issuing court to see what has happened and confirm whether or not a change of claimant name would provide you with extra time.

 

Has Barclayshark failed to comply with a Subject Access Request ?

[unclebulgaria67]

Hi Guys and thanks again for your efforts in helping me.

Quick update, I called MK and said I have never had any communication with TRADEPRO, only MK have ever written to me, the person said the claim had been issued in the WRONG company name and I should receive another claim form with the correct company name on it, The name began with P I didnt get the rest of it but the new claim form should be here today or tomorrow according to them.

 

Not sure what to do now, I only have a few days left to reply to the original claim due to not being here and the Easter bank holiday.

 

I am also sending another SUBJECT TO ACCESS REQUEST to MK as if they have taken over the account and they have another Barclay card account so I need all data on that one, they should have all data I think, correct me if Im wrong.

 

I am also making a complaint to Barclay card as they have not supplied the data I requested months ago.

 

With the original claim, I think you should still acknowledge and state that you will defend the claim in full. When you send the defence info, just state that you had phoned MKD on10/4/2012 who advised that the claim had been incorrectly issued and they would be issuing another claim with a different claimant named. Advise that you have no knowledge of any debt owing to Tradepro Card Services, as no information has ever been provided.

 

I would suggest doing this, as it is not unknown for companies to say that they will be withdrawing a claim, on the basis that you don't do anything, so they win by default. So acknowledge and defend, to be on the safe side.

 

Then wait for the new claim to arrive. Post up the POC and see what letter is suggested.

[citizenB]

Did you send the Subject access request via Recorded/special delivery mail ? Have you got the receipt - if so, check online to ensure that it was delivered and when and print off the signature from the RM website

 

Postal order - have you confirmed it has been cashed ? If not - telephone 01246 542091 - you will need the receipt you received when you bought the postal order. Ask them to confirm if/when the PO was cashed and if it has - ask them to confirm this in writing. They are usually pretty helpful

 

IMHO, this should form part of your defence to show how unreasonable B/shark have been.. you can also say in your defence that as a separate issue, it is your intention to file a claim against B/shark for non compliance of the DPA SAR request.

 

This was a defence I used for a claimant who had consistently failed to provide information by way of both CPR and DPA - The claim I issued against the creditor went ahead and was won - the claim issued by the claimant for which the defence below was submitted is still stayed some 3 years after it was issued !!

 

 

I, citizenB of Consumer Action Group, am the Defendant in this action and make the following statement as my Defence to the Claim made by BANK.

 

1. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

 

2. The Claimant’s Particulars of Claim disclose no legal cause of action and they are embarrassing to the Defendant as the Claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the Courts attention to the following matters;

 

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to; the method the Claimant calculated any outstanding sums due, or any other matters necessary to substantiate the Claimant's claim.

 

b) A copy of the purported written agreement that the Claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.

 

c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the Claim Form.

 

3. On receipt of the Claim Form the Defendant sent a CPR 31.14 request for a copy of the agreement and supporting documents which forms the basis of this claim. No response has been received.

 

4. Prior to the issue of the Claim, in order to establish the extent of liability, if any, to the Claimant, the Defendant had repeatedly requested information from the Claimant. These requests were made in DATE 2008 under section 78(1) of the Consumer Credit Act 1974. In DATE 2009 a request under Subject Access Request was made, with a Letter Before Action being sent on DATE 2009 in respect of non compliance.

 

5. It has been confirmed via the Royal Mail Website that all the above letters were received and signed for. Written confirmation has been obtained from the Post Office that the fee enclosed with the Subject Access Request was banked on the same day as the Claimant issued the Claim Form, DATE .

 

6. On DATE, the Defendant filed a Claim through the ?????? County Court; Claim number XXXXXX dated DATE in respect of the Claimant’s non-compliance of the Subject Access Request.

 

7. Consequently, I deny all allegations on the Particulars of Claim and put the Claimant to strict proof thereof

 

8. I respectfully request a stay in proceedings until such time as the Claimant complies with the requests outlined in paragraphs 3, 4 and 6 above or until the Court orders its compliance with the same. I will then be in a position to file a fully particularised Defence and Counterclaim and will seek the Court’s permission to amend my statement of case accordingly.

[janedow]

Hi everyone, I called Barclay card and they said they havent got the SAR, but did find the request that made to send in a original Credit agreement, they said make complaint or send in another SAR request with £10:( I cant find the recorded delivery slip or postal order, looked everywhere.

 

Barclay card state I last made a payment of£108.60 July 2010. The original debt was for a Morgan stanley account which Barclay card took over.

 

MK Have said that they issued the wrong company name on the claims paper (IT SHOULD NOT HAVE BEEN TRADEPRO) and I will receive another with the correct company making the claim against me, its not MK or TRADEPRO

 

confused.com

 

Barclay card say they never sent me a letter stating the 2 accounts were sold to MK as they didn't have to, this is where I have screwed up, I thought they had to and until they sent my data in my SAR I wasnt going to deal with MK.

 

Thanks again for replys guys will call the court to find out if its still going forward and update later.

[janedow]

Hi everyone just phoned the court who said it had just been withdrawn so I have a little breathing space until the next one arrives that is.

[janedow]

Received a letter today confirming MK have cancelled to claim but will issue another, thanks for all the help, ill post back when I get the POC on the new claim, I ve sent them a CCA request too!