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HELP, Barclaycard have almost got me - using "alleged" and "without prejudice"


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Hi everyone,

 

This is a great website with tons of info. Love it!

 

This is my first time posting on here.

 

I am trying to deal with a court summons, and could really do with some help with the N9B defence form.

 

*************************************************************

 

This is the background to the case:

 

I have had a Barclaycard since 2000.

 

The balance at January 2010 was £8,900.

Due to various financial problems, I stopped paying them.

 

Also in January 2010, I sent them a CCA request, and they sent me a reconstituted copy of a credit card agreement.

 

I have not paid them or contacted them since then, however now they have sent me a claim form from Northampton county court bulk centre for £9,900 (although MKDP are named as claimants).

 

The particulars of the claim are:

 

" the claimant claims the sum of £9,900 being monies due from the defendant to the claimant under a regulated agreement between the defendant and Barclaycard 4929************ and assigned to the claimant on 10-10-2011, notice of which has been provided to the defendant.

 

The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the consumer credit act 1974.

 

The claimant claims the sum of £9,900 and costs.

 

The claimant has complied, as far as is necessary, with the pre-action conduct practice direction. "

 

*************************************************************

 

Can I first be clear that I am not trying to get out of this debt, but I do not have the means to pay. I do not know if MKDP collections are just trying it on at court, or whether they have something solid to back them up.

 

So now I need help with these questions:

 

1. Barclaycard only sent a reconstituted agreement in response to my CCA request. Is the debt unenforceable in court because of this?

 

2. Barclaycard only sent a reconstituted agreement in response to my CCA request. Does this mean they don't have the original executed agreement with my signature, and because of this, is the debt unenforceable in court?

- Or is this just wishful thinking on my part?

 

3. What are the prescribed terms and what should I be looking for in the details of the reconstituted agreement that they sent me?

 

4. Part of the defence form says "if you fail to deny any allegation it may be taken that you admit it". I do not want to admit to anything, in case it is used against me at a later stage. In light of that, how could I word my defence and/or what should I include or leave out?

 

ANY help will be greatly appreciated. Thanks all.

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If they try to take this to court they will have to produce a signed copy of the agreement with all the prescribed terms.

 

The experts will be along to tell you what letters you need to send them something along the lines of CPR 18 or CPR 31.14 for actual documents the refer to in the P.O.C

 

dpick

cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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Thread moved to Legal forum

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The recon agreement if may satisfy the CCA 77/78 request,

but this is a pre 2007 agreement so they may have trouble

if they cannot produce the original agreement.

The recon must comply with the case law.

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Hi everyone,

 

Thanks to all of you who responded to my first post.

 

I have 2 questions for those of you with legal knowledge.

 

1. Should I use the word "alleged" before every occurrence of the words debt and agreement when I write to the claimant with the cpr 31.14 request?

 

2. Should I put the words "without prejudice" at the top of my letter?

 

Somehow I have got it in my head somewhere that doing these 2 things will afford me greater protection if the case ever gets to court. Is this true? If so, how and why?

 

I am still quite new to this forum, so haven't yet figured out how to post direct to legal section or link to my previous post.

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Hi everyone,

 

Thanks to all of you who responded to my first post.

 

I have 2 questions for those of you with legal knowledge.

 

1. Should I use the word "alleged" before every occurrence of the words debt and agreement when I write to the claimant with the cpr 31.14 request?

 

2. Should I put the words "without prejudice" at the top of my letter?

 

Somehow I have got it in my head somewhere that doing these 2 things will afford me greater protection if the case ever gets to court. Is this true? If so, how and why?

 

I am still quite new to this forum, so haven't yet figured out how to post direct to legal section or link to my previous post.

 

 

No the debt isn't alleged as you state in your first post.

 

Regards

 

Andy

We could do with some help from you.

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Were you ever issued a Default Notice from B/shark ?

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Hello I've been away for a couple of days.

 

I remember seeing a default notice, but I think it was from a DCA not barclays themselves.

I will check over the weekend.

 

 

The DN will most likely have been from Mercers who are a trading name of Barclayshark.. however, I still believe it might not be valid as it should be in the name of the Creditor.

 

B/shark DNs usually have a problem on them somewhere..

 

The amount of arrears has to be accurate - so if there are lots of penalty charges included in the amount asked to remedy. The DN is wrong.

 

They must allow 14 clear days for you to remedy the breach/default. B/shark DNs very rarely do. They make no allowance for posting eg 2 business days for 1st class and 4 business days for 2nd or UK Mail or other secondary carrier posting.

 

They had a habit of also sending DNs out on a Friday or prior to a public holiday - which reduces the amount of time you are allowed for remedying the breach.

 

Depending on when the DN was dated - they might not have included the mandatory OFT statement and enclosure.

 

Worth checking to see if you still have the Notice.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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