LINK/IDR Claimform - old Barclaycard debt

[dx100uk]

never admit defeat you'll get a CCJ by default.

 

defend all.

 

dx

[mjt2013]

never admit defeat you'll get a CCJ by default.

 

defend all.

 

dx

 

That doesn't address the OP's question though does it? It's really not fair for you to be so cavalier with other people's money and, let's face it, life.

[dx100uk]

well get on and help them then MJ

 

you seem to use cag to pick holes in peoples advise and nothing else.

 

quite frankly, if that's all you are going to do we don't want you

 

simple choice mjt2013

 

help or GO AWAY

 

we on the siteteam have had enough of your games.

 

comprendi?

 

 

dx

Edited March 15, 2014 by Conniff

[mjt2013]

I've already given my advice on this point, the OP merely wanted clarification of it but no one is prepared to give it to him. I do indeed pick holes in wrong advice because I believe that people who post here looking for help deserve the best information they can get rather than ill informed opinion which could lead them to make a bad decision, I make no apologies for putting the interests of people who come here in good faith looking for help above those who want to feel like lawyers but don't have the knowledge or skills to pull it off. In this instance all you had to do was acknowledge the costs risk so that the OP could take it into account, it's not hard to do.

 

I have reported the abusive content of your post and will say no more until it is looked at by the site team. I recognise of course that because one member of the site team will be asked to review another team member's post you will be vindicated and the OP will suffer as a result but at least I'm prepared to go through the motions of dealing with abuse properly rather than responding in the same manner as your own post.

[fish-face]

Guys can someone just answer my question/questions...

it does seem odd that everyone is now avoiding giving me a few rough figures,

 

 

Andy you said you would advise if I needed to do a U turn, is that time now?

 

 

I have to send this back on Monday, as it has to be in by Tuesday,

I've asked if I can use the additional 14 days to wait for more information

but also if i wanted to then admit within that extra 14 days could I?

 

I do really appreciate all of your help

the time has come to make my decision

i do need to know how stumped i will be if the judge rolls the other way

[AndyOrch]

Hi FF

 

Yes I did advise I would guide you and no the time is not yet...the claim has barley started.With regards to Fast Track and costs yes you are at more risk should it proceed and you lose...how much ...who knows...depends how long it drags on how many hearings .....what council is appointed.

 

You may as well ask me what tonight's winning lottery numbers are ? Perhaps mjt2013 will expand and explain as he appears so intent on unsettling you into not defending the claim?

 

 

Regards

 

Andy

[fish-face]

Thank you Andy for your reply,

one question,

if I go for another 14 days and they come up with my CCA request

can I then back track and opt for failure without penalty?

[AndyOrch]

You can go the full 33 days...submit a defence.... go up to allocation without incurring costs.

[fish-face]

Hi Guys,

 

What do you reckon then?...

 

CCA request still not back and

 

I have to submit my defense by next Tuesday the 1st April,

 

can you guys point me in the right direction of what my defense is..

 

. and how to set it out please

 

as I doubt they will send the CCA by next Tuesday

 

and they never bothered with the CPR

 

so will that be enough to defend??

[dx100uk]

good as we expected....

 

there are lots of like threads here with the defence here

[fish-face]

No links DX???

[fish-face]

Hi guys, can anyone advise on my defence please... andy?

 

 

I have a couple of days and then I have to submit or retract!!!

no CCA or CPR has arrived yet

is there special jargon I need to apply in my defence,

please advise ASAP so I can write it up ready for Monday

[AndyOrch]

I will be around tomorrow and we can review where we are going with this FF.

 

Regards

 

Andy

[fish-face]

Thanks Andy no CCA again in today's post so what's my next move?

I presume I have until 23.59 tomorrow night to submit...

[AndyOrch]

If thats 33 days from the date on the claim yes.

[fish-face]

what now?

I can either defend or retract and admit,

 

 

I don't really want to do that if there is a good chance that I can get it thrown out because of no CCA.

Or can I apply for more time to await the CCA or is it best to go for it now...

this was a 2003 agreement so I very much doubt they will find one, to be honest I can't even remember signing one...

 

Is no CCA alone suitable grounds for a defence?

i'm quite happy to continue to wind up IDRRRRR I do not want to do this at my cost..

I can suffer some court costs if the worst came to the worst but not thousands

[AndyOrch]

"Ok so what now?"

 

Need to prepare a suitable defence for submission by tomorrow....none compliance to a section 77/78 request is a valid reason to defend.Hence you defend to see if they can substantiate the claim......you are aware that you do owe the debt...but you are just questioning the claimant if they have the legal right to collect the alleged debt.

[fish-face]

is there a standard/template form?

or how do I write that?

 

legal jargon is not my strong point,

 

however standing up in front of anyone and pleading my case is.

 

Do I state i'm aware of the debt?

 

Do I also write on the defence that they failed to address the CPR request and were quite childish in their reply to my request?

[AndyOrch]

Read some of the threads surrounding yours FF they all have defences as advised above by DX 6 days ago......there are no templates you look read and learn...find something similar...edit ...post here and I will tweak it so it is correct.

 

This is a self help forum we will assist but you must help yourself foremost.

 

Regards

 

Andy

[fish-face]

I've searched the whole forum and cannot find anything on court defence or any letter text or anything related to it... any pointers??

as DX was supposed to have placed links in his suggestions but didn't

 

Do I also write on the defence that they failed to address the CPR request and were quite childish in their reply to my request?

[AndyOrch]

How about this one immediately under your thread :-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?418929-Bryan-carter-lowells-claim-form-received(1-Viewing)-nbsp

[fish-face]

Thanks

[AndyOrch]

The poster does in the example provided.

 

You dont admit directly that's the skill of drafting a defence.

[fish-face]

How

[AndyOrch]

The " bottom bits " are fine Im not sure about 2/3...just state that you made the request and they failed to comply...no need for a running commentary as to who why and where for.

 

Lets bring their particulars forward so we can check your responses to what they allege:-

 

1.The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced ..................... .

and opened effective 04/07/2003 .The agreement is regulated by the consumer credit act 1974, was signed by the defendant and from which credit was extended to the defendant.

 

2.The defendant failed to make payment as required and by the 12/07/2013 a default was recorded.

 

3.As at 12/08/2013 the Defendant owed Barclaycard PLC the sum of £18,000,00.by an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective 12/08/2013 and made regular upon the defendant shortly thereafter.

 

and the Claimant claims 1 £18,000.00

interest to section 69 county court act at 8% per annum from 12/08/2013 to 27/02/2014

of £££ and thereafter at the daily rate of 2.93 to date of judgment or sooner payment date 27/02/2014