Barclaycard County Court

[illboy74]

Hi everyone,

I m new on this forum and I do really need your help. My partner for the last year became very ill and I don't know for how long it will be here. Unfortunately the docs can't say and I am trying my best to give him all my love and support. We are abroad now, he decided to stay in my house down here and in the meantime followed by a good team of docs. Let's hope he will recovered very soon.

Anyway, last week I came to UK to collect the post and I have found a county court claim issue againsts him from a solicitor acting on behalf of BC. I couldn't believe it when I read the amount it's over 8000 pounds. We are not rich and I left my secure job in UK and he's not working at the moment. The trouble is that he has got an house and we don't want to loose it. I really need your help guys. What can I do to make this claim void? I read some other posts about being unenforceable. Is there any chance for my long term ill partner? The county court was issued on the 25 of August. I did respond on line saying last week that I did want to dispute and wish to contest the court's jurisdiction. That's what I did. Now I have tried to go on line but it doesn't let me see the claim. Please help me out because I don't know what to do. Thank you guys.

[unclebulgaria67]

It will be too late to defend the claim form that was issued. You have 14 days to acknowledge the claim form and then 14 days to file a defence. So the CCJ will be granted by default. There are then 30 days to pay the default sum, before the CCJ is registered.

 

The credit card is an unsecured debt, so will not affect his house. Barclaycard could try to secure, by first applying for a charge against the house, where they would obtain the debt, when the house is sold. BUT they don't normally force the sale of the house. They wait a number of years for the debtor to sell the house, when they will ask for the amount owed.

 

It is possible to ask for the CCJ to be set aside on the basis that he was abroad at the time, so could not defend. But to do this, he would either need to attend a UK court or appoint a representative to do this is in a court for him. But given the amount of debt, even if the CCJ is set aside, they will just pursue again.

 

What is happening in regard to other debts ? Are there any secured debts against the house ? It is difficult to offer any advice, without knowing the whole situation. You can't really just look at this one debt. If it is just the one Barclaycard debt which is unsecured, it may be just best to leave this for a few months until he is feeling better. Then apply to set aside the CCJ and agree to pay Barclaycard a monthly amount that is affordable or agree to a charge against the house. If there are any charges or PPI on the card, he could also look to challenge these.

[illboy74]

Hi Unclebulgaria,

 

Yes there is just this debt, nothing else. I responded to the court a week ago, but it means then that I do have 14 days after that? So if I did it on the 20 of Sep then I do have 14 days, is it that right? Also my partner said that he never signed any paper agreement with BC. To be honest I am not sure. Any more help? thanks

[unclebulgaria67]

Hi Unclebulgaria,

 

Yes there is just this debt, nothing else. I responded to the court a week ago, but it means then that I do have 14 days after that? So if I did it on the 20 of Sep then I do have 14 days, is it that right? Also my partner said that he never signed any paper agreement with BC. To be honest I am not sure. Any more help? thanks

 

Try phoning the court on Monday. I suspect the CCJ has been granted by default, as the claim form was not acknowledged within 14 days.

 

If there is a CCJ, it is then a question of whether he asks for a set aside or not.

[illboy74]

Hi Unclebulgaria67 thank you for your kind support I do really appreciate so much. When I did acknowledged it was the 20 of Sep and then I thought I could have 14 days from that date. He doesn't want to have any ccj and also I tried to speak with him but it's not easy due for his poor health. He keeps continue to say that he doesn't think that he owes all that amount. I am here struggling myself to help him out and I feel very frustated to be honest. I will defo call tomorrow the court and do the set aside. Do you think perhaps is still possible to fight and perhaps sort this out as unforceable? Sorry keep asking you so many questions but it's very important for him and I don't want his health is getting worse.

Thanks in advance

[unclebulgaria67]

Hi Unclebulgaria67 thank you for your kind support I do really appreciate so much. When I did acknowledged it was the 20 of Sep and then I thought I could have 14 days from that date. He doesn't want to have any ccj and also I tried to speak with him but it's not easy due for his poor health. He keeps continue to say that he doesn't think that he owes all that amount. I am here struggling myself to help him out and I feel very frustated to be honest. I will defo call tomorrow the court and do the set aside. Do you think perhaps is still possible to fight and perhaps sort this out as unforceable? Sorry keep asking you so many questions but it's very important for him and I don't want his health is getting worse.

Thanks in advance

 

The set aside is not automatic. There may be a court hearing to decide on it. He would need to attend or appoint someone to act on his behalf, for them to attend. It may be advisable to get something from Doctors about him being unable to do anything about any court claim sent to him or notify of his change of address to creditors, due to his illness. Just being absent, may not be sufficient for the court.

 

http://www.trustonline.org.uk/understand-judgments-fines/set-aside-a-judgment/

 

http://www.bdl.org.uk/images/12_EW_NDL_Setting%20aside%20a%20judgment%20in%20the%20county%20court.pdf

 

If you will be visiting the UK to sort this out, then you should also arrange for him to send Barclaycard an SAR, to get hold of all the information they hold. Going down the unenforceability route is quite difficult. This not going to be a quick process. If you can get the CCJ set aside, then make a CCA request to whoever is chasing the debt also using the SAR info challenge anything you can, including charges and/or PPI.

 

NB. If you click on SAR it links to a template lette.

 

Q. When was the Barclaycard taken out ?

[illboy74]

The bc was taken out around 2007/2008 I don't know exactly to be honest.

[unclebulgaria67]

The bc was taken out around 2007/2008 I don't know exactly to be honest.

 

No chance of unenforceability with a card that recent, due to the changes in Consumer Credit Act that have taken place. If the card is that recent, it is pretty much a case of the creditor proving the debt and then it just a question of how it will be paid.

 

To be honest, it may be better if he just accepts the debt and then decides on how he wants to deal with it. I am not sure it is worth getting the CCJ set aside. Perhaps he should advise the claimant of his circumstances, provide a rough idea of income/expenditure and make token offer of payments. He could just voluntarily accept a charge against the house, if he is the sole owner. But he should get proper legal advice before he does this.

 

Even if he accepts the debt, it would not stop him challening charges and/or PPI, to get the debt amount reduced. He would just need to use Barclaycards complaints procedure to do this. Hence why getting the SAR info, so he can pursue this.