Barclaycard DCA and now DCA launched CC action - quick help needed

[AndyOrch]

You can request a copy of your agreement (section 77/78/79) at any time up until judgement...they are panicking because its devastating to their claim.They have applied damage limitation hence the court letter and templates and even got them wrong.....too late.

 

Andy

[Nivagey]

Hi Vincedomingo,

 

Yep its all a bit confusing, what is an AQ? The way my court letter read to me was yes they now have 28 days from receiving my defence from the court to proceed further, failing this it is stayed.

 

MK didnt respond for 9 days so I had to file my defence, they have since responded but are bitching stating that my request letter was sent after proceedings had been issued. I have numerous letter to b/c requesting via an S78 and a CPR letter to which all they sent were statements, T&C's (no CCA) only an application form from 1983.

 

Funny MK sent the letter with the templates and their letter stating they refute my claim that the request was ignored as it was received at their office on 29 Oct and replied to on 6 Nov. This letter was dated 9th Nov and I got it next day! So they can when it suits them to get letter quick enough to you!

 

These template letter they sent with bogus names and addresses What are they all about? And surely they can not hold up in court as evedence as any agreement or CCA etc? so what was the poing in clouding the issue with bogus paperwork? They sent in their latest pack of shredder material a so called copy written to the Court Manager for filing purposses so will they actually have sent the bogus ons to the court? Or is this another scare tactic?

 

Oh well I will keep you posted Monday tomorrow. Would be greatful if you can let me know what an AQ is though Thanks again

[Vincedomingo]

hi Nivagey

I have heard nothing either, from the court or the DCA.

As I don't like open ended I think I will write to the court and ask them what the status is now it should be only opened again at the order of a judge as the stayed period is over by more than a week . Not 100% sure what that means? advice anyone?

[Nivagey]

Hi Dotty50 & Vincedomingo,

 

I have just checked my online status at the Gov website and the status has not changed as from today, so they have not yet proceeded any further it seems, I think the deadline of 28 days was either today tomorrow or latest Friday. Might ring the court on Friday if not heard anything. Thanks for your imput much appreciated

[Vincedomingo]

Hi Nivagey? the 28 day period of stayed is over for me last week

And today I recieved a letter from Northampton CC before I had written to them to ask what the status was

 

It is ordered the claim is struck out ... without a hearing. There is 7 days to appeal but I think it means the DCA has given up.

The status on Mcol has not changed - it still shows defence submitted as last entry

 

So I think this mens the saga is all over and this round is WON. Does the mean any other flakey DCA could start the whole thing again -??

 

I'll update my own thread as well

[Vincedomingo]

Update: I had been communicating on Nivageys' thread but today I think I've a big step forward so want to summarise it here

After I sumitted a full defence in Dotty50's style

I recived letter saying 28 days while stayed to give claimant time to produce documents, any documents regarding the case

the 28 day period of stayed is over from last week

And today I recieved a letter from Northampton CC before I had written to them to ask what the status was

 

It is ordered the claim is struck out ... without a hearing. There is 7 days to appeal but I think it means the DCA has given up.

The status on Mcol has not changed - it still shows defence submitted as last entry

 

So I think this mens the saga is all over and this round is WON. Does the mean any other flakey DCA could start the whole thing again -??

[AndyOrch]

Well done Vince

 

Very unusual for the Court to take this action of its own initiative CPR 3.I will not amend your thread just yet until the relative period has lapsed.

 

(5) Where the court has made an order under paragraph (4)–

(a) a party affected by the order may apply to have it set aside(GL), varied or stayed(GL); and

(b) the order must contain a statement of the right to make such an application.

(6) An application under paragraph (5)(a) must be made–

(a) within such period as may be specified by the court; or

(b) if the court does not specify a period, not more than 7 days after the date on which the order was served on the party making the application.

(7) If the court of its own initiative strikes out a statement of case or dismisses an application, (including an application for permission to appeal or for permission to apply for judicial review) and it considers that the claim or application is totally without merit –

(a) the court’s order must record that fact;

 

 

Delighted for you and again well done.

 

Regards

 

Andy

[citizenB]

Hi Nivagey? the 28 day period of stayed is over for me last week

And today I recieved a letter from Northampton CC before I had written to them to ask what the status was

 

It is ordered the claim is struck out ... without a hearing. There is 7 days to appeal but I think it means the DCA has given up.

The status on Mcol has not changed - it still shows defence submitted as last entry

 

So I think this mens the saga is all over and this round is WON. Does the mean any other flakey DCA could start the whole thing again -??

 

I'll update my own thread as well

 

Keep that letter safe with your paperwork for the current claim.

 

The account would need to be assigned forward for another company to have a stab.. but you could probably see them off by advising that the previous owner had tried and on submission of your defence, the court struck out the claim

[slick132]

Hi Vince,

 

This is looking good and you now just have to wait for the 7 days to pass.................

[Dotty50]

So dotty's got style!

 

lol

[AndyOrch]

So dotty's got style!

 

lol

 

Was that one of mine originally Dotty:madgrin:

 

Regards

 

Andy

[Dotty50]

Oh Andy, fancy stealing my thunder!

 

I have major memory problems at the moment so it may have been?

[AndyOrch]

No all credit to you Dotty your guidance on the this and other associated threads has been fantastic.

 

Regards

 

Andy

[Vincedomingo]

Hmm things not going so good now

The 28 days of the stayed has passed

the Struck out letter came from Northampton with a 7 days for each party to appeal against that - dated the 3rd Dec

Then arriving Monday 10th MK*! sent a large wadge from Bcard with 6 years or more of statements saying the remainder will be sent shortly meaning the original signed agreement and the default notice.

Today (12th) a letter from MK*!'s has come dated 10 Dec copying an allocation questionaire to the court to me. This says nothing and other than tick boxes and fast track. No other documents such as agreement or default notices.

It seems.... they are proceeding on the basis of a wad of statements.

 

Advice anyone - I think I'll dash off a letter to the court PDQ

[DonkeyB]

Call the court and ask why you have not received an AQ to fill in, and whether the case was, in fact, struck out as the order – they may be trying it on.

[Vincedomingo]

I did of course have an earlier allocation form before the 28 day stayed period. I will call the court and find out whats happening.

[AndyOrch]

Don't be too despondent Vince...if you have not received an AQ and they have not made application re the previous Order then nothing changes.Now if they have made application and you have not been served a copy ...request a copy.

Also if AQs have been released (and I doubt they have) retain that copy of the claimants it will be needed for abuse of process, if this does proceed.

 

Regards

 

Andy

[Vincedomingo]

They have made (or have said they have made) and sent an allocation letter to the court, a copy of which they enclosed in the letter that came to me today - this has no content other than ticks in boxes and likeley legal charges and saying they are paying £220 as the court fee.

 

So if the case was struck out.... I thought they would hve to be appealing in the 7 days for appeal - it appears as if they are using the appeal as an extension of the 28 days stayed? or some bizarre bluff?

[AndyOrch]

Or completely oblivious of the Order and unaware its been struck out. You did state that previously AQs had been released.

[Vincedomingo]

have just called the court. Have to say they were very much more helpful than I anticipated.

1 The case is struck out but with right to appeal

2 They have recieved MK*! allocation letter I recd today

3 The court has written to MK*! today saying the case was struck out and they have to appeal to proceed any further and that appeal has to be before a judge and they have to fill in the correct forms and make payment. If they do this it can take 4-6weeks

Now the court said I have little else to do but wait but I'm not going to do that I'm going to write to the court filling in the facts - MK*! still not supplied the documentation other than a set of statements.

[DonkeyB]

Surely they had to appeal within 7 days, as per the order? In your letter, make clear you object to any appeal outside the 7 day period. Due process and all that. They are out of time and will need a very good reason to get that past a judge. Keep on your toes with this.

[Vincedomingo]

how many days is allowed for service of an order - it has its 7 days time limit but the postal bit? and is this calendar or working days?

[AndyOrch]

It is 7 days from the date of Order (normal days) its not an appeal as such its application to set a side now.

[Vincedomingo]

thanks Andy - normal days= calendar?

[AndyOrch]

Normal yes not working.