Court papers issued / Barclaycard debt.

[citizenB]

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

 

I think you need to contact the court and ask what the status of the claim is !

 

If it is stayed then this latest contact from 1st credit could be an attempt at negotiating.

 

TBH, if what you have said above was all you entered in your defence, I am surprised the claimant hasnt gone for Summary Judgment.

 

Sadly no, you have still not answered all the questions that have been asked of you.

[Jazz47]

Thank you Citizen B for your advice I called the court this morning who confirmed that it was "stayed" they also said that claimant tried to issue.......... (cant remember) but could not as I had filled a defence. They said that in order for the claimant to continue they would have to pay a fee to proceed any further, bearing in mind that they paid for J.Priestley to issue the documents (or maybe not). The court also said they would have to follow the above procedure before any summary judgement could be made she aslo stated that the 28 days had run out.

I know I am not out of the woods but you are quite right they are negotiating and yes they said if I did not respond in 14 days they would "apply for summary judgement" as far as the six years goes I received a response to that in an earlier post I believe it is not statue barred. In saying that not sure of date of default notice from Barclay card and last time I made a payment was last year sometime of a nominal one pound and nothing else since. TBH I have not got into anymore correspondence with them apart from requesting credit agreement. Thanks again citizen B

Jazz47

[citizenB]

Righto, so they first applied for a default judgment which was scuppered because you had entered a defence. They are now playing mind games with you.

 

The claim is stayed at present - either of you can apply to have it lifted. The Claimant can either apply to proceed or apply to request Summary Judgment (have you case dismissed because it has no merit).

 

.

To be honest, if the following is what you put on your defence.. you might want to consider negotiating with them

responded to defence stating "that I have not given permission for Barclaycard or any one else to share data

information."

 

 

Especially as you dont appear to have any other issue to defend. If you didnt receive a DN or did receive it and it was invalid for some reason, then perhaps we could put forward some argument for you. !

[DonkeyB]

Your defence will be blown away in an instant. I would be surprised if they were not awarded summary judgment, should they apply. I’m surprised they haven’t already applied.

 

You can bet your bottom dollar – if you look through any T&Cs – that you have given permission for your data to be used for debt recovery purposes.

 

Did First Crudit only include an application form and a set of statements? Were there any T&Cs, from the date the account was opened, and the date it was defaulted/closed? If they have not fulfilled your CCA request, technically they can’t enforce but as a claim is ongoing and you made the CCA request after the claim was issued, they will easily overcome this. Also, it was not mentioned in your defence.

 

You really need to get a grasp on the reality of this and stop clutching at straws.

 

If you want to avoid a CCJ on your credit file, you should start negotiating with the claimant to avoid judgment being entered. It is likely that the only way you will do this is via a consent order that stays the claim, subject to your sticking to a payment agreement.

 

Points in your favour are that their claim for interest should be limited to one year, the CCA request is incomplete, and you may not have received annual statements of account (have you?). We don’t know the answers to these questions as you have repeatedly failed to answer Ford’s very specific questions. Anyway, these are negotiating points, not a defence.

[Jazz47]

Hi thanks for your responses I have been through my paper work and I have no record of a DN. Any ideas how I can take this forward? It seems foolhardy for me to negotiate as I don't have a job and rely on student loans.

Thank you in advance jazz47

[DonkeyB]

Foolhardy? Are you kidding?

 

I'm out of here.

[Jazz47]

What I mean is that I receive grants september-April and then I either have to find a job or claim jobseekers allowance if I agree a payment I would not be able to stick to it as my financial situation is not stable.

[citizenB]

Your defence will be blown away in an instant. I would be surprised if they were not awarded summary judgment, should they apply. I’m surprised they haven’t already applied.

 

You can bet your bottom dollar – if you look through any T&Cs – that you have given permission for your data to be used for debt recovery purposes.

 

Did First Crudit only include an application form and a set of statements? Were there any T&Cs, from the date the account was opened, and the date it was defaulted/closed? If they have not fulfilled your CCA request, technically they can’t enforce but as a claim is ongoing and you made the CCA request after the claim was issued, they will easily overcome this. Also, it was not mentioned in your defence.

 

You really need to get a grasp on the reality of this and stop clutching at straws.

 

If you want to avoid a CCJ on your credit file, you should start negotiating with the claimant to avoid judgment being entered. It is likely that the only way you will do this is via a consent order that stays the claim, subject to your sticking to a payment agreement.

 

Points in your favour are that their claim for interest should be limited to one year, the CCA request is incomplete, and you may not have received annual statements of account (have you?). We don’t know the answers to these questions as you have repeatedly failed to answer Ford’s very specific questions. Anyway, these are negotiating points, not a defence.

 

What I mean is that I receive grants september-April and then I either have to find a job or claim jobseekers allowance if I agree a payment I would not be able to stick to it as my financial situation is not stable.

 

 

DonkeyB has given you some good advice in the post above. You need to start negotiations with 1st crudite NOW.

 

Telephone National Debtline and ask them to help you complete a Common Financial Statement (personal budget sheet that is recognised by the courts). Then write to 1st crudite via their solicitors (or who ever is acting on their behalf for the claim) and lay out your situation along the following lines.

 

You are a student existing on student grants. Unless you have a regular part time job you cant provide any income details. Do not assume that you will get a part time job.

Your priority expenditure such as rent, food, etc will be on the CFS.

You have no assets, BMW, Cartier Watch, House in Belgravia.

 

Your offer is likely to be a £1.00 token offer. On that basis, there will be little point in them even bothering to take you to court. You could even make a case for asking them if they would write off the debt.

 

You should include the court references and the account number - send it Recorded Delivery.

 

But do it NOW.

[citizenB]

You could of course, when speaking to Nat Debtline about the CFS, ask them about a Debt relief Order - if your debts are under £15,000 and you have no assets. After one year you will be debt free.

 

I you find out all you can about those, then you could include the fact that you are intending to apply for one in your letter to 1st crudite.

[Jazz47]

Hi thanks for all your responses.

 

Jazz47