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Ready to have a go at Barclaycard! now received CC Claim for full amount


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Sorry to hear about your illness.

 

When you first start with these things they do appear daunting and challenging but with help for Slick and others the fog soon lifts ;)

 

If you feel things are getting too much for you is there someone you trust who can help you follow the advice given? Even then there will be limits to what they can do in the event of having to attend court but it would still be beneficial to have someone to hand for support?

 

For example If making a claim this would have been called a "Litigation Friend"

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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OK Smoothie,

 

From that you can work out the dates to Acknowledge and Defend using the guide linked in post #92.

 

Do not miss these deadlines.

 

:-)

We could do with some help from you

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no you leave it unticked

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I'm just looking at filling in my defence online and

 

I know I can write in plain English

 

just looking for an idea of what I need to say.

 

The POC on the claim form are attached.

 

They are claiming the original amount and interest which is accruing daily.

 

My defence will be along the lines of the fact that there were excessive charges on the account when it was sold to them

which far out weigh the actual value of their claim.

 

I will be looking to get my claim to offset their claim and the outstanding balance and interest accruing daily paid to me.

 

Also that all records of this account be struck from my credit history?

 

Sorry I'm pretty rubbish at writing stuff down :!:

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I'm seeking further help for you with this and will come back asap.

 

:-)

We could do with some help from you

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I'm seeking further help for you with this and will come back asap.

 

:-)

 

 

just a question for whoever comes to help you. Is this where op puts in a counter claim for charges etc

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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That is one option but OP would have to submit and pay for a Counterclaim, submitting evidence to prove that the penalty chgs were unlawful, just like if OP took action as the Claimant seeking a refund.

 

:-)

We could do with some help from you

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Hi Smoothhound I am moving your thread to Financial Legal Issues...Slick as asked that I advise you with regards to your defence and the exposure here is far greater than the forum you was initially placed.

 

Give me chance to review your thread and then we can start to get something drafted in response...what date is your defence date?

 

Regards

Andy

We could do with some help from you.

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Hi Smoothhound I am moving your thread to Financial Legal Issues...Slick as asked that I advise you with regards to your defence and the exposure here is far greater than the forum you was initially placed.

 

Give me chance to review your thread and then we can start to get something drafted in response...what date is your defence date?

 

Regards

Andy

 

Thanks Andy :)

 

Date of issue was 16/7/14 so plus 33 days makes the defence date 18/8/14 I think

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Plenty of time yet then ...just give your thread the occasional bump towards the end of next week...I assume you have requested all documents CPR/CCA ?

We could do with some help from you.

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Plenty of time yet then ...just give your thread the occasional bump towards the end of next week...I assume you have requested all documents CPR/CCA ?

 

I have the SAR paperwork I got from Barclaycard direct but I have not requested anything from IDR Finance.

 

I understand CCA but what is CPR?

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We could do with some help from you.

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I've roughed out my CPR letter now and on the strength of the POC in my post 107 I've asked them to provide:-

 

1/ The agreement

2/ Notice of Assignment and proof of service

3/ The Default Notice

 

Is there anything else I should be asking for? Should I change 3 to read, All statutory notices i.e. Default Notice, Termination Notice & notice of arrears?

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Yes that's fine SH....invariably they never respond to a CPR request so you are really making it for the sake of going through the motions and then referring to it within your defence.

 

Most Default Notices act as a Termination Notice so you should request it as Default Notice/Termination...most defiantly request Notice of Sums in Arrears.

 

Andy

We could do with some help from you.

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So the following should cover all bases?

 

1/ The agreement

2/ Notice of Assignment and proof of service

3/ All statutory notices i.e. Default Notice, Termination Notice & Notice of Sums in Arrears

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Yes but you will be making a separate request for the agreement vis a Section 78 request (CCA) also

We could do with some help from you.

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CPR is not a legal request its Civil unlike a section 78 which places them in default if they fail to comply and more importantly unable to enforce or seek any relief from the agreement

We could do with some help from you.

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No requirement to sign but you can print or sign uniquely ...different slant ...dot the I ...dont cross the T:wink:

We could do with some help from you.

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