barclaycard claim received. Dont know what to do !

[johannab]

Thanks Andy,

 

I am just trying to get into to credit file online to see the status of this account. I will update here later with what I find.

 

As for the other points above, I did receive notice of assignment as they state .

point 4 , I have never made any payment to Mk as I stopped paying bc in 2009 when they refused to provide a cca. It got passed to many dca's before ending up with MK last year. I never paid any DCA anything.

[AndyOrch]

The above was just an example as to the way I draft defences to give you idea.

[johannab]

ok thanks Andy. I know nothing !

 

I checked my online credit file and it states the default was issued in 2010 and satisfied in 2011. I didn't receive notice of the DN at the time . Also, I dont know why it would state satisfied as I havent paid anything in years.

[AndyOrch]

ok thanks Andy. I know nothing !

 

I checked my online credit file and it states the default was issued in 2010 and satisfied in 2011. I didn't receive notice of the DN at the time . Also, I dont know why it would state satisfied as I havent paid anything in years.

 

Because they have wrote it off...does it not reappear under MKDP?

 

 

Andy

[johannab]

No , it doesn't reappear and MKDP are nowhere on there.

[AndyOrch]

Oh well at least your credit file is intact then.

 

Andy

[johannab]

True.

 

I doubt Mk will respond to my cpr31.14 or cca request. If they dont then I assume I can mention that in my defence .

[AndyOrch]

True.

 

I doubt Mk will respond to my cpr31.14 or cca request. If they dont then I assume I can mention that in my defence .

 

I doubt it too..I doubt they know what the CPR is:oops: yes you can refer to it but don't rely on it..none compliance is not a valid defence.

 

Andy

[johannab]

ok thanks Andy

[johannab]

hi again, I am going to write my defence today. Its only going to be a few points like Andys above.

 

I have read on the other thread links that its dangerous to deny the agreement exists entirely as they may produce it in court. But at the same time I do not want to admit it as per " Paragraph 1 is admitted with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') .."

 

I do know that there was a bad microfiche of the application form . It was an old one with football stuff all over it ( if that makes sense) . But I am pretty certain there is no proper agreement. I have been sent so many sets of generic t+c's but never a cca.

 

The other thing I was going to mention in the defence is that no DN was ever served...should I do that?

 

Also, that they haven't responded within the time scales to my most recent cpr and cca requests (assuming they wont respond ,that is. My defence not due until November 12th ).

 

So just 3 points to my defence... is that enough?

[AndyOrch]

But you did enter into an agreement with BC but not with MKDP...you have not admitted entering into a an agreement with this Claimant....you are putting them to proof to disclose it..if they can't disclose they can't enforce.

Denying an agreement exists is dangerous...tantamount perjury.

 

Don't frustrate the claim johan it will not get the DJ on side.

 

Regards

 

Andy

[johannab]

Hi Andy,

 

So I should not admit entering into a agreement with the claimant ? similar to your ....- 4. Paragraph 2 is denied with regards to the Defendant not making payment to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

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

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

 

They were correctly assigned the debt though, and I received notice at the time.

[AndyOrch]

If the assignment is valid and accepted then your only point will be to plead disclosure of the agreement.

 

With regards to this :- " the defendant has failed to make any payment in accordance with the terms of the agreement and a default notice has been served pursuant to the consumer credit act 1974"

 

Have you been asked for payment by the claimant? Did they issue you a Default Notice? Are they presuming BC issued it ? Can they prove it ?

 

With regards to the Assignment being Valid is the balance correct..have they issued Annual Statements? Have they issued Annual Notice of Arrears?

 

Those are all the responsibilities that the assignee is now responsible for and must maintain if they wish to request relief.

 

Andy

[johannab]

1)I have 3 or 4 letters requesting that i contact them to arrange payment.

2)They never issued a dn. They must be assuming bc did it all correctly (I never received it)

3) I have no annual statements . On each letter it simply contains my balance at the top.

4) I have got statements. These are the old ones ( the card hasnt been used for many years). These statements were sent when I was asking for the cca.

 

I was on a reduced payment agreement for a couple of years and whilst i was on that I reduced the balance from 9k to 6.5k approx. Then I stopped paying completely as I could no longer maintain it in 2009. It was then that I started asking for the cca too. After I stopped paying they started adding on interest again . first of all it was only about £20 pcm then it rose to about 150. So my balance re inflated by about 1k before the interest stopped completely in 2010. ALso,on the old statements that were sent to me last year, there is a breakdown on the amount owed. The words are abbreviated but it seems about £800 of my balance is made of charges.

 

Is any of this relevant?

I am thinking of not doing the defence now as its all too much to cope with and understand. I wont stand a chance if i actually end up in court.

[AndyOrch]

All the above points can be expanded on later in the process the defence need not be complicated or too indepth...admit ...refute.I would add they the OC is and still remains in default of your CCA request though..this may be pivotable to the defence.

Don't worry about he court and appearances..word the defence correctly and you may find it wont get that far.......dont forget they rely on you not defending,its when you do defend they are at a loss.

 

Andy

[johannab]

Hi Andy, does this make sense for my Defence ?

I am still unsure about admitting an agreement exists . I don't want to deny it either. But if I admit it then am I not going against everything I have been telling them in the last 3 years? - also, It was an application form,not a properly executed credit agreement.

 

 

DEFENCE

 

1. Paragraph 1 is admitted with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') with BARCLAYCARD

 

2. Paragraph 2 is DENIED with regards to a Default Notice being served by either Barclaycard or the Claimant.

 

3. Paragraph 2 is denied with regards to the Defendant not making payment to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

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

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

 

5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed

 

6) Additionally, Barclaycard remains in default of my request under the consumer credit act 1974 to produce a true and valid copy of any agreement between Barclaycard and myself. This request is outstanding since July 2009.

 

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

 

:oops:Obviously I used parts of what you posted a few days ago and added bits to suit. thanks for looking , Jo

[AndyOrch]

Hi Andy, does this make sense for my Defence ?

I am still unsure about admitting an agreement exists . I don't want to deny it either. But if I admit it then am I not going against everything I have been telling them in the last 3 years? - also, It was an application form,not a properly executed credit agreement.

 

 

DEFENCE

 

1. Paragraph 1 is admitted with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') with BARCLAYCARD

 

2. Paragraph 2 is denied with regards to a Default Notice being served by either Barclaycard or the Claimant.

 

3. Paragraph 2 is denied with regards to the Defendant not making payment to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant by provision of the original Credit Consumer Agreement; and

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

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

 

5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed

 

6) Additionally, Barclaycard remains in default of my request under the consumer credit act 1974 to produce a true and valid copy of any agreement between Barclaycard and myself. This request remains outstanding since July 2009.

 

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

 

:oops:Obviously I used parts of what you posted a few days ago and added bits to suit. thanks for looking , Jo

 

[johannab]

Thank you ! I wont submit yet. If they dont respond to my cpr and cca shall I alter it and add that fact in ?

[AndyOrch]

No retain that for the AQ (should they proceed) and then later in your Witness Statement.

[johannab]

ok, Thanks so much for everything . I will post back with a progress report .

[johannab]

Hello again, I submitted my defence on the 9th November and have yet to hear anything back. I have logged in again today to the moneyclaim online page but there is no update on there. Typically how long until I get some news on this? does anyone know?

[AndyOrch]

Varies on how busy Northampton are but normally a fortnight.You could ring Northampton and request a status update and if your defence was received and being processed.

 

Andy

[johannab]

Hi Andy ,

Yes, I think will ring them monday then .

The defence is marked on the case page as being received and thats 3 weeks ago now.

I am hoping no news is good news!