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Jazz47

Court papers issued / Barclaycard debt.

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Hello I am a student and have just received court papers for a Barclaycard debt. It would be difficult to commit to any pay back as I rely on grants from September -April. Therefore leaving me in a position were I would not be able to make any payments. Furthermore at the end of this year this debt can be written off.

Can you advise?

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jazz, start your own separate thread in approp sub forum eg 'legal issues'. welcome to cag btw!


IMO

:-):rant:

 

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Hello and Welcome, Jazz.

 

I've started a new thread for you.

 

Regards,

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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jazz

further details needed. can you type up their particulars of claim less any identifiables and round up the amounts.

what do you mean 'can be written off end of year'?


IMO

:-):rant:

 

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Thank you for your direction I was a bit confused:)

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Hi there,

recieved claim form from 1st Credit on Friday claiming £3612.51

Claimant claims

1. sum of 2511.66

2. statutory interest pursuant to section 69 of the county court act 1984 at a rate of 8.00% per annum from 21/05/08 to 15/1/13 935.85 and thereafter at a daily rate of 0.55 until judgement or sooner payment.

After checking my credit reference this debt becomes 6 years old in November and will no longer appear on my credit record.

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is there any more to the claim form?

otherwise, is vague. sum of xxxx for what?

plus, if it comes to it the claim for the statutory interest mentioned can be challenged. 5 years worth! but would be dependent on the circumstances.

the expiry of the 6 year default on cra files won't write it off as such.

when was the last payment/acknowledgment on this?

any missold ppi?

Edited by Ford

IMO

:-):rant:

 

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I believe I got £600 towards PPI as I did not have the card for to long. The last payment was last year when they wrote to me and I offered the minimum of £1.00 of which they took the payment but declined the agreement.

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ok, so is not statute barred, and no ppi to claim.

is there any more to the claim form?


IMO

:-):rant:

 

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Hi I am having a look through my paperwork as I know the 6 years may have expired only because I remember receiving 2 letters from Barclaycard saying that 1st credit have taken over the debt and I am beginning to think there was a year-2 years apart from each other. Barclaycard have never appeared on my credit record only 1st credit, secondly they sent me a letter dated 04/01/2013 saying they are now called connaught collections but have served their documents under 1st credit finance.

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Hi I have checked my paper work but could not find anything. Can i respond to the claim stating that 1st credit have changed their name and therefore I do not owe them any money? I am starting to get worried know as I know I will be unable to pay them as I am a student and I would not want this to effect any employment offer in the future. Can anyone advice me as the acknowledgement is fastly approaching.

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their claim seems vague. 'sum of xxxx', for what? is there any more to the claim form?

did you get a compliant default notice?

have you previously done a cca request on this?

did you get any notice of assignment?

1st credit and connaught have the same registered office, prob one and the same? what are the contents of their letter? maybe one is a subsidiary of the other, but otherwise the same? who was it assigned to? hopefully, others can advise more on that?

if defending, then get acknowledgement in on time with intention to defend. get the acknowledgement of service in anyway? as that would give you more time (another 14 days?) to consider things.

Edited by Ford

IMO

:-):rant:

 

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Hi yes I did get a letter of assignment from 1st credit. Not sure what a CCA is if it is to do with my credit record it appears on it. the sum is for 3447.51 for debt and interest indebted to Barclaycard. The claimant claims 2511.66 plus statutory interest at a rate of 8.00 p.a from 21/5/08 to 15/01/13 £935.85 and thereafter at a daily rate of 0.55 until judgement or sooner payment.

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request under s77/78 consumer credit act for copy of the agreement. there is a template on cag for that.

so, does the claim form say sum of xxxx 'for debt and interestlink3.gif indebted to Barclaycard'? if post #6 is incomplete, type up the exact wording of their particulars of claim on the claim form.

default notice?

would think acknowledge service and consider defending, if nowt else could try disputing the interest claimed?

Edited by Ford

IMO

:-):rant:

 

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Thank you for your response will get on to the is right away:)

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have a read around cag/threads re the poss issues/options and procedure etc.

if re interest, could argue that the period claimed is unreasonable (ie too long) in consideration of the circumstances. w/b up to the j though in the end.

Edited by Ford

IMO

:-):rant:

 

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Hi there letter sent off but not sure what kind of defence I should enter on my form. Could you possibly help to guide me in the right direction.

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have a read around similar threads/stickies. not sure what you are defending on? more details needed, as above posts.

acknowledgement, defence, etc can be dealt with online via MCOL. no need to submit a defence right now if just acknowledging the service. whats your deadline?

what letter have you sent?

what is the issue date on the claim form? stick to all deadline dates

Edited by Ford

IMO

:-):rant:

 

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Hi i Have just recieved a letter from 1st credit informing me that they have changed their Solicitors and they are now representing theirselves. However, they have not commented on my request for a copy of the agreement I am beginning to think that maybe they might throw something together. Can any one advice it just seems really odd.

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Hi there letter sent off but not sure what kind of defence I should enter on my form. Could you possibly help to guide me in the right direction.

 

you haven't answered questions, so i can't 'help' further. good luck.


IMO

:-):rant:

 

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Hello I have today received a letter from 1st credit with a copy of my Barclaycard statements and credit card agreement they have given me 14 days to put in a payment proposal and if they dont hear anything from me then "assume that the application is in preparation and will be served on you by the county court.

 

I would be really grateful for any advice as I am a student.:???:

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Hello I am a student and have just received court papers for a Barclaycard debt. It would be difficult to commit to any pay back as I rely on grants from September -April. Therefore leaving me in a position were I would not be able to make any payments. Furthermore at the end of this year this debt can be written off.

Can you advise?

 

Hello I have today received a letter from 1st credit with a copy of my Barclaycard statements and credit card agreement they have given me 14 days to put in a payment proposal and if they dont hear anything from me then "assume that the application is in preparation and will be served on you by the county court.

 

I would be really grateful for any advice as I am a student.:???:

 

Hi, I am a little confused.

 

you received court papers back in January 2013 - have you not submitted a defence yet ? If so, what did you say. My confusion stems from the fact that you are now being given 14 days in which to come to a payment arrangement! If a defence had been submitted then why are they now saying "that papers are in preparation and will be served by the county court".. They have already been served on you !

 

I am also very confused when you say in your very first post that the "debt can be written off at the end of this year?" On what basis are you claiming this.

 

When was the agreement entered into and when was the last payment made ? If you are believing the debt is statute barred, then you would have had to not have made payments or acknowledged liability for 6 years from the first missed payment.


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Uploading documents to CAG ** Instructions **

 

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3: Banking Conduct of Business Regulations - The Hidden Rules

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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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You were also asked some questions a while back by Ford, which you neglected to respond to eg.. what is the date of issue on the claim form. This was most important in order for you to adhere to a timeline.

 

So.. in order for us to help, can you please confirm the date of issue on the claim form - top right hand corner.

 

Please advise if you acknowledged the claim (19 days from the date of issue) and then submitted a defence 14 days later (33 days from the date of issue)

 

What did you say in your defence.

 

Did you receive from 1st credit a Notice of Assignment.

 

Did you receive from B/card, a Default Notice

 

WHAT was the date you entered into the agreement with B/card and when was the last payment made.

 

Without this information, we simply cant help you.

Edited by citizenB
  • Haha 1

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

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

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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Hello my apologies for not replying to your earlier post. I received claim form 1st credit 16.01.2013 responded in the time frame and responded to defence stating "that I have not given permission for Barclaycard or any one else to share data information."

 

Date of credit card agreement well occuring to the date of the credit agreement it say 10/05/2006 now the 10/05 looks like it is has been written over another date and the 2006 is typed seems a bit odd. I have also noticed that the Barclay bank stamp has the authorised signature omitted (fair enough) but also the date which seems odd it reads / /20 Hope this is useful. Many thanks

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